Preview
FILED: DUTCHESS COUNTY CLERK 12/20/2021 10:36 AM INDEX NO. 2021-55036
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2021
STATE OF NEW YORK Index No.:
SUPREME COURT COUNTY OF DUTCHESS Date Summons Filed:
------------------------------------------------------------------- Plaintiff designates Dutchess
NANCY LAURICELLA,
County as the place of trial
Plaintiff, The basis of venue is:
DEFENDANTS ARE SITUATED
IN THE COUNTY OF DUTCHESS
AND THE CAUSE OF ACTION
-against- ACCRUED IN THE COUNTY OF
DUTCHESS AND PLAINTIFF
RESIDES AT 53 NASSAU ROAD
POUGHKEEPSIE, NY 12601
D’ARCANGELO & CO., LLP,
AND MICHAEL C. BETROS, CPA, PFS, AND
ARLINGTON PROFESSIONAL SUITES, LLC, SUMMONS
Defendant.
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To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer on the Plaintiff’s Attorney within twenty (20) days after the service of this
summons, exclusive of the day of service, where service is made by delivery upon you
personally within the state, or within thirty (30) days after completion of service where service is
made in any other manner. In case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the complaint.
Dated: December 20, 2021
PAMELA J. GABIGER
Attorney for Plaintiff
PO BOX 2952
Poughkeepsie, New York 12603
(845) 471-2447
D’ARCANGELO & CO., LLP
510 HAIGHT AVE. SUITE 201
POUGHEEPSIE, NY 12601
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STATE OF NEW YORK SUPREME COURT
COUNTY OF DUTCHESS
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NANCY LAURICELLA,
PLAINTIFF, COMPLAINT
-AGAINST-
D’ARCANGELO & CO., LLP,
AND MICHAEL C. BETROS, CPA, PFS, AND
ARLINGTON PROFESSIONAL SUITES, LLC,
DEFENDANTS.
------------------------------------------------------------------
PLAINTIFF, THROUGH ATTORNEY PAMELA GABIGER,
COMPLAINING OF DEFENDANTS, STATES:
1. PLAINTIFF NANCY LAURICELLA IS A RESIDENT OF POUGHKEEPSIE,
COUNTY OF DUTCHESS, STATE OF NEW YORK.
2. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS D’ARCANGELO &
CO., LLP AND MICHAEL BETROS, CPA, PFS WERE A REGISTERED
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DOMESTIC LIMITED LIABILITY PARTNERSHIP AND MAINTAINED AN
OFFICE AT 510 HAIGHT AVENUE, POUGHKEEPSIE, NY.
3. ON AND BEFORE JANUARY 7, 2019 DEFENDANT ARLINGTON
PROFESSIONAL SUITES, LLC WAS A LIMITED LIABILITY COMPANY
DULY ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE
LAWS OF THE STATE OF NEW YORK.
4. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS OWNED THE
PROPERTY AT 510 WEST HAIGHT AVENUE POUGHKEEPSIE,
COUNTY OF DUTCHESS, STATE OF NEW YORK.
5. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS CONTROLLED
THE PROPERTY AT 510 WEST HAIGHT AVENUE IN POUGHKEEPSIE,
COUNTY OF DUTCHESS, STATE OF NEW YORK.
6. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS MAINTAINED
THE PROPERTY AT 510 WEST HAIGHT AVENUE IN POUGHKEEPSIE,
COUNTY OF DUTCHESS, STATE OF NEW YORK.
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7. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS INSPECTED THE
PROPERTY AT 510 WEST HAIGHT AVENUE IN POUGHKEEPSIE,
COUNTY OF DUTCHESS, STATE OF NEW YORK.
8. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS REPAIRED THE
PROPERTY AT 510 W. HAIGHT AVENUE IN POUGHKEEPSIE,
COUNTY OF DUTCHESS, STATE OF NEW YORK.
9. ON AND BEFORE JANUARY 7, 2019 PLAINTIFF WAS LAWFULLY ON
THE PROPERTY AT 510 WEST HAIGHT AVENUE IN POUGHKEEPSIE,
COUNTY OF DUTCHESS, STATE OF NEW YORK.
10. ON JANUARY 7, 2019 PLAINTIFF WAS CAUSED TO BE
PRECIPITATED TO THE GROUND AT 510 WEST HAIGHT AVENUE,
POUGHKEEPSIE, COUNTY OF DUTCHESS, STATE OF NEW YORK.
11. SAID INCIDENT AND RESULTING INJURIES AND DAMAGES
WERE CAUSED SOLELY AS A RESULT OF THE NEGLIGENCE OF THE
DEFENDANTS, THEIR OFFICERS, DIRECTORS, AGENTS, SERVANTS
AND EMPLOYEES IN CREATING, CAUSING, ALLOWING AND
PERMITTING SNOW AND ICE TO FORM AND REMAIN ON THE
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PAVEMENT, IN ATTEMPTING TO CLEAR OR SAND OR SALT THE
AREA AND DOING SO IN A NEGLIGENT, DANGEROUS,
HAZARDOUS, INCOMPLETE AND HAPHAZARD MANNER, IN
FAILING TO PROPERLY AND ADEQUATELY SALT AND SAND THE
PREMISES, IN FAILING TO TAKE ADEQUATE PRECAUTIONS AND
MEASURES TO PREVENT THE HAZARDOUS SNOWY AND ICY
CONDITIONS, IN FAILING TO PERFORM ALL THE ACTS NECESSARY
TO PREVENT SNOW AND ICE FROM DEVELOPING AND REMAINING
ON THE PREMISES, IN ALLOWING SNOW AND ICE TO DEVELOP
AND REMAIN ON THE PREMISES, IN FAILING TO PROPERLY SALT
AND SAND THE AREAS, IN FAILING TO ERECT BARRICADES AND
WARNINGS, AND IN BEING OTHERWISE NEGLIGENT.
12. AS A RESULT OF THE NEGLIGENCE OF THE DEFENDANTS,
THEIR OFFICERS, DIRECTORS, AGENTS, SERVANTS AND
EMPLOYEES, PLAINTIFF SUFFERED PERSONAL INJURIES,
EMOTIONAL DISTRESS, LOST EARNINGS AND INCURRED EXPENSES
FOR MEDICAL TREATMENT.
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13. THE INJURIES SUSTAINED BY PLAINTIFF WERE CAUSED
SOLELY AS A RESULT OF THE NEGLIGENCE OF THE DEFENDANTS,
THEIR OFFICERS, DIRECTORS, AGENTS, SERVANTS AND
EMPLOYEES WITHOUT ANY NEGLIGENCE OF THE PLAINTIFF
CONTRIBUTING THERETO.
14. BY REASON OF THE NEGLIGENCE OF DEFENDANTS, THEIR
OFFICERS, DIRECTORS, AGENTS, SERVANTS AND EMPLOYEES,
PLAINTIFF HAS BEEN DAMAGED IN THE SUM OF TWENTY MILLION
AND NO/100 ($20,000,000.00) DOLLARS.
15. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST
DEFENDANTS FOR GENERAL RELIEF IN ACCORDANCE WITH CPLR
3017 C TOGETHER WITH INTEREST, COSTS AND DISBURSEMENTS
OF THIS ACTION AND FOR SUCH OTHER AND FURTHER RELIEF AS
TO THIS COURT MAY SEEM JUST AND PROPER.
DATED:DECEMBER 20, 2021_/S/PAMELA GABIGER___________
PAMELA GABIGER
ATTORNEY FOR PLAINTIFF
PO BOX 2952 POUGHKEEPSIE, NY 12603
(845) 471-2447 OR 867-8815
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ATTORNEY CERTIFICATION
Pursuant to NYCRR Section 130-1.1-a (b), I certify that
to the best of my knowledge, information and belief, formed
after an inquiry reasonable under the circumstances, the
presentation of the paper or the contentions therein are not
frivolous as defined in subsection (c) of section 130-1.1.
Dated: December 20, 2021
/s/PAMELA J. GABIGER
__________________________
PAMELA J. GABIGER
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Preview
FILED: DUTCHESS COUNTY CLERK 12/20/2021 10:36 AM INDEX NO. 2021-55036 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2021 STATE OF NEW YORK Index No.: SUPREME COURT COUNTY OF DUTCHESS Date Summons Filed: ------------------------------------------------------------------- Plaintiff designates Dutchess NANCY LAURICELLA, County as the place of trial Plaintiff, The basis of venue is: DEFENDANTS ARE SITUATED IN THE COUNTY OF DUTCHESS AND THE CAUSE OF ACTION -against- ACCRUED IN THE COUNTY OF DUTCHESS AND PLAINTIFF RESIDES AT 53 NASSAU ROAD POUGHKEEPSIE, NY 12601 D’ARCANGELO & CO., LLP, AND MICHAEL C. BETROS, CPA, PFS, AND ARLINGTON PROFESSIONAL SUITES, LLC, SUMMONS Defendant. ------------------------------------------------------------------ To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the Plaintiff’s Attorney within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: December 20, 2021 PAMELA J. GABIGER Attorney for Plaintiff PO BOX 2952 Poughkeepsie, New York 12603 (845) 471-2447 D’ARCANGELO & CO., LLP 510 HAIGHT AVE. SUITE 201 POUGHEEPSIE, NY 12601 1 of 8 FILED: DUTCHESS COUNTY CLERK 12/20/2021 10:36 AM INDEX NO. 2021-55036 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF DUTCHESS ----------------------------------------------------------------- NANCY LAURICELLA, PLAINTIFF, COMPLAINT -AGAINST- D’ARCANGELO & CO., LLP, AND MICHAEL C. BETROS, CPA, PFS, AND ARLINGTON PROFESSIONAL SUITES, LLC, DEFENDANTS. ------------------------------------------------------------------ PLAINTIFF, THROUGH ATTORNEY PAMELA GABIGER, COMPLAINING OF DEFENDANTS, STATES: 1. PLAINTIFF NANCY LAURICELLA IS A RESIDENT OF POUGHKEEPSIE, COUNTY OF DUTCHESS, STATE OF NEW YORK. 2. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS D’ARCANGELO & CO., LLP AND MICHAEL BETROS, CPA, PFS WERE A REGISTERED 2 of 8 FILED: DUTCHESS COUNTY CLERK 12/20/2021 10:36 AM INDEX NO. 2021-55036 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2021 DOMESTIC LIMITED LIABILITY PARTNERSHIP AND MAINTAINED AN OFFICE AT 510 HAIGHT AVENUE, POUGHKEEPSIE, NY. 3. ON AND BEFORE JANUARY 7, 2019 DEFENDANT ARLINGTON PROFESSIONAL SUITES, LLC WAS A LIMITED LIABILITY COMPANY DULY ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF NEW YORK. 4. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS OWNED THE PROPERTY AT 510 WEST HAIGHT AVENUE POUGHKEEPSIE, COUNTY OF DUTCHESS, STATE OF NEW YORK. 5. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS CONTROLLED THE PROPERTY AT 510 WEST HAIGHT AVENUE IN POUGHKEEPSIE, COUNTY OF DUTCHESS, STATE OF NEW YORK. 6. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS MAINTAINED THE PROPERTY AT 510 WEST HAIGHT AVENUE IN POUGHKEEPSIE, COUNTY OF DUTCHESS, STATE OF NEW YORK. 3 of 8 FILED: DUTCHESS COUNTY CLERK 12/20/2021 10:36 AM INDEX NO. 2021-55036 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2021 7. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS INSPECTED THE PROPERTY AT 510 WEST HAIGHT AVENUE IN POUGHKEEPSIE, COUNTY OF DUTCHESS, STATE OF NEW YORK. 8. ON AND BEFORE JANUARY 7, 2019 DEFENDANTS REPAIRED THE PROPERTY AT 510 W. HAIGHT AVENUE IN POUGHKEEPSIE, COUNTY OF DUTCHESS, STATE OF NEW YORK. 9. ON AND BEFORE JANUARY 7, 2019 PLAINTIFF WAS LAWFULLY ON THE PROPERTY AT 510 WEST HAIGHT AVENUE IN POUGHKEEPSIE, COUNTY OF DUTCHESS, STATE OF NEW YORK. 10. ON JANUARY 7, 2019 PLAINTIFF WAS CAUSED TO BE PRECIPITATED TO THE GROUND AT 510 WEST HAIGHT AVENUE, POUGHKEEPSIE, COUNTY OF DUTCHESS, STATE OF NEW YORK. 11. SAID INCIDENT AND RESULTING INJURIES AND DAMAGES WERE CAUSED SOLELY AS A RESULT OF THE NEGLIGENCE OF THE DEFENDANTS, THEIR OFFICERS, DIRECTORS, AGENTS, SERVANTS AND EMPLOYEES IN CREATING, CAUSING, ALLOWING AND PERMITTING SNOW AND ICE TO FORM AND REMAIN ON THE 4 of 8 FILED: DUTCHESS COUNTY CLERK 12/20/2021 10:36 AM INDEX NO. 2021-55036 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2021 PAVEMENT, IN ATTEMPTING TO CLEAR OR SAND OR SALT THE AREA AND DOING SO IN A NEGLIGENT, DANGEROUS, HAZARDOUS, INCOMPLETE AND HAPHAZARD MANNER, IN FAILING TO PROPERLY AND ADEQUATELY SALT AND SAND THE PREMISES, IN FAILING TO TAKE ADEQUATE PRECAUTIONS AND MEASURES TO PREVENT THE HAZARDOUS SNOWY AND ICY CONDITIONS, IN FAILING TO PERFORM ALL THE ACTS NECESSARY TO PREVENT SNOW AND ICE FROM DEVELOPING AND REMAINING ON THE PREMISES, IN ALLOWING SNOW AND ICE TO DEVELOP AND REMAIN ON THE PREMISES, IN FAILING TO PROPERLY SALT AND SAND THE AREAS, IN FAILING TO ERECT BARRICADES AND WARNINGS, AND IN BEING OTHERWISE NEGLIGENT. 12. AS A RESULT OF THE NEGLIGENCE OF THE DEFENDANTS, THEIR OFFICERS, DIRECTORS, AGENTS, SERVANTS AND EMPLOYEES, PLAINTIFF SUFFERED PERSONAL INJURIES, EMOTIONAL DISTRESS, LOST EARNINGS AND INCURRED EXPENSES FOR MEDICAL TREATMENT. 5 of 8 FILED: DUTCHESS COUNTY CLERK 12/20/2021 10:36 AM INDEX NO. 2021-55036 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2021 13. THE INJURIES SUSTAINED BY PLAINTIFF WERE CAUSED SOLELY AS A RESULT OF THE NEGLIGENCE OF THE DEFENDANTS, THEIR OFFICERS, DIRECTORS, AGENTS, SERVANTS AND EMPLOYEES WITHOUT ANY NEGLIGENCE OF THE PLAINTIFF CONTRIBUTING THERETO. 14. BY REASON OF THE NEGLIGENCE OF DEFENDANTS, THEIR OFFICERS, DIRECTORS, AGENTS, SERVANTS AND EMPLOYEES, PLAINTIFF HAS BEEN DAMAGED IN THE SUM OF TWENTY MILLION AND NO/100 ($20,000,000.00) DOLLARS. 15. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANTS FOR GENERAL RELIEF IN ACCORDANCE WITH CPLR 3017 C TOGETHER WITH INTEREST, COSTS AND DISBURSEMENTS OF THIS ACTION AND FOR SUCH OTHER AND FURTHER RELIEF AS TO THIS COURT MAY SEEM JUST AND PROPER. DATED:DECEMBER 20, 2021_/S/PAMELA GABIGER___________ PAMELA GABIGER ATTORNEY FOR PLAINTIFF PO BOX 2952 POUGHKEEPSIE, NY 12603 (845) 471-2447 OR 867-8815 6 of 8 FILED: DUTCHESS COUNTY CLERK 12/20/2021 10:36 AM INDEX NO. 2021-55036 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2021 ATTORNEY CERTIFICATION Pursuant to NYCRR Section 130-1.1-a (b), I certify that to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper or the contentions therein are not frivolous as defined in subsection (c) of section 130-1.1. Dated: December 20, 2021 /s/PAMELA J. GABIGER __________________________ PAMELA J. GABIGER 7 of 8 FILED: DUTCHESS COUNTY CLERK 12/20/2021 10:36 AM INDEX NO. 2021-55036 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2021 8 of 8