Preview
FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.:
X
JULIE AYALA, SUMMONS
Jury Trial Dem
Plaintiff, Plaintiff designate
-against- as the
County
The basis of v
94™
AVENUE JAMAICA, LLC and Plaintiffs reside
ARTIMUS CONSTRUCTION INC.,
Plaintiff resides
1355 E. New
Brooklyn, NY
Defendant.
X County of King
To the above named Defendants:
YOU ARE HEREBY SUMMONED to añswct the complaint in this
a copy of your answer, or, if the complaint is not served with this surnmana, to
appearance, on the plaintiffs attorney
within 20 days after the service of this sü
of the day of service (or within 30 days after the service is complete if this
personally delivered to you within the State of New York); and in case of your
or answer, judg;nent will be taken against you by default for the relief
complaint.
Dated: Deer Park, New York
October 30, 2018
HALLOCK & MALERBA,
for Plaintiff
Attorney
Office & P.O. Address
1955 Deer Park Avenue
Deer Park, New York 11729
Telephone No.: (631) 482-88
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RIDER
94TH AVENUE JAMAICA, LLC
c/o NATIONAL REGISTERED AGENTS, INC.
111 EIGHTH AVENUE
NEW YORK, NEW YORK 10011
ARTIMUS CONSTRUCTION INC.
316 WEST 118TH STREET, 4TH FLOOR
NEW YORK, NEW YORK 10026
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------X Index No.:
JULIE AYALA,
Plaintiff, VERIFIED COMPLAINT
-against-
94TH AVENUE JAMAICA, LLC and
ARTIMUS CONSTRUCTION INC.,
Defendant.
--------------------------------------------------------------------X
Plaintiff, by her attorneys, HALLOCK & MALERBA, P.C., complaining of the defendants,
alleges the following, upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
1. That all times mentioned herein, plaintiff JULIE AYALA was and is a resident of the
County of Kings, City and State of New York.
2. That at all times mentioned herein, defendant 94TH AVENUE JAMAICA, LLC was and is
a limited liability company duly organized and existing pursuant to the laws of the State of New
York
3. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE
JAMAICA, LLC owned the premises located at 147-20 94th Avenue, Jamaica, New York.
4. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE
JAMAICA, LLC managed the premises located at 147-20 94th Avenue, Jamaica, New York.
5. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE
JAMAICA, LLC maintained the premises located at 147-20 94th Avenue, Jamaica, New York.
6. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE
JAMAICA, LLC operated the premises located at 147-20 94th Avenue, Jamaica, New York.
7. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE
JAMAICA, LLC controlled the premises located at 147-20 94th Avenue, Jamaica, New York.
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8. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE
JAMAICA, LLC occupied the premises located at 147-20 94th Avenue, Jamaica, New York.
9. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE
JAMAICA, LLC was a lessor of the premises located at 147-20 94th Avenue, Jamaica, New York.
10. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE
JAMAICA, LLC was a lessee of the premises located at 147-20 94th Avenue, Jamaica, New York.
11. That prior to March 26, 2018, defendant 94TH AVENUE JAMAICA, LLC hired and/or
engaged a general contractor, contractors and/or subcontractors with reference to work being
performed at the premises.
12. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant
94TH AVENUE JAMAICA, LLC was the General Contractor at the premises located at 147-20
94th Avenue, Jamaica, New York.
13. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant
94TH AVENUE JAMAICA, LLC was the Construction Manager at the premises located at 147-
20 94th Avenue, Jamaica, New York.
14. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant
94TH AVENUE JAMAICA, LLC was a contractor at the premises located at 147-20 94th Avenue,
Jamaica, New York.
15. That at all times mentioned herein, defendant 94TH AVENUE JAMAICA, LLC
performed work in and upon the premises located at 147-20 94th Avenue, Jamaica, New York.
16. That at all times mentioned herein, defendant 94TH AVENUE JAMAICA, LLC was
present in connection with work to be performed at said premises located at 147-20 94th Avenue,
Jamaica, New York.
17. That at all times mentioned herein defendant 94TH AVENUE JAMAICA, LLC hired
and/or engaged defendant ARTIMUS CONSTRUCTION INC. to perform work, labor and
services in and upon the premises located at 147-20 94th Avenue, Jamaica, New York.
18. That at all times mentioned herein, defendant ARTIMUS CONSTRUCTION INC.
performed work in and upon the premises located at 147-20 94th Avenue, Jamaica, New York
pursuant to a contract and/or written agreement with defendant 94TH AVENUE JAMAICA,
LLC.
19. That at all times mentioned herein, defendant ARTIMUS CONSTRUCTION INC. was and
is a domestic corporation duly organized and existing under and by virtue of the laws of the State of
New York.
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20. That at all times mentioned herein, defendant ARTIMUS CONSTRUCTION INC. was and
is a foreign corporation duly organized and existing under and by virtue of the laws of a state other
than the State of New York but licensed to do business within the State of New York.
21. That on March 26, 2018, and at all times herein mentioned, defendant ARTIMUS
CONSTRUCTION INC. managed the premises located at 147-20 94th Avenue, Jamaica, New
York.
22. That on March 26, 2018, and at all times herein mentioned, defendant ARTIMUS
CONSTRUCTION INC. maintained the premises located at 147-20 94th Avenue, Jamaica, New
York.
23. That on March 26, 2018, and at all times herein mentioned, defendant ARTIMUS
CONSTRUCTION INC. operated the premises located at 147-20 94th Avenue, Jamaica, New
York.
24. That on March 26, 2018, and at all times herein mentioned, defendant ARTIMUS
CONSTRUCTION INC. controlled the premises located at 147-20 94th Avenue, Jamaica, New
York.
25. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant
ARTIMUS CONSTRUCTION INC. was the General Contractor at the premises located at 147-20
94th Avenue, Jamaica, New York.
26. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant
ARTIMUS CONSTRUCTION INC. was the Construction Manager at the premises located at
147-20 94th Avenue, Jamaica, New York.
27. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant
ARTIMUS CONSTRUCTION INC. was a contractor at the premises located at 147-20 94th
Avenue, Jamaica, New York.
28. That at all times mentioned herein, defendant ARTIMUS CONSTRUCTION INC.
performed work in and upon the premises located at 147-20 94th Avenue, Jamaica, New York.
29. That at all times mentioned herein, defendant ARTIMUS CONSTRUCTION INC. was
present in connection with work to be performed at said premises located at 147-20 94th Avenue,
Jamaica, New York.
30. On or about March 26, 2018, plaintiff was in and/or upon the premises.
31. At the aforesaid time and place, plaintiff was engaged in work in and/or upon the
premises in the course and scope of her employment for A & M Professional Security Consulting
Corp.
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32. At the aforesaid time and place, the work being performed by plaintiff at the premises
was subject to the relevant and applicable provisions of the Labor Law of the State of New York.
33. That at all times mentioned herein, there was a dangerous and defective condition at the
aforesaid premises.
34. That on March 26, 2018, plaintiff JULIE AYALA was lawfully at the aforesaid premises.
35. That on March 26, 2018, while plaintiff JULIE AYALA was lawfully and properly on the
aforesaid premises, she was caused to slip, trip and fall.
36. That the aforesaid fall occurred by reason of and due to the aforesaid dangerous and
defective condition.
37. That at all times mentioned herein, defendants had both actual and constructive notice of
said dangerous and defective condition.
38. That the defendants had caused and created the subject dangerous and defective condition.
39. That the aforesaid occurred by reason of the negligence of the defendants in the ownership,
operation, maintenance, management and control of the subject premises.
40. That the aforesaid occurred by reason of the negligence of the defendants in the
ownership, operation, management, maintenance, and control of the subject premises, and/or by
their violation and failure to comply with the relevant and applicable provisions of the Labor
Law of the State of New York.
41. That the aforesaid occurred by reason of the negligence of the defendants, their agents,
servants and/or employees in failing to properly hire, train and supervise their employees.
42. That by reason of the foregoing plaintiff JULIE AYALA was caused to sustain serious,
severe and permanent personal injuries, pain and suffering, and special damages.
43. That this action falls within one of the exceptions of Article 16 of the C.P.L.R.
44. The amount of damages sought in this action by plaintiff JULIE AYALA exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
45. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
paragraphs of this Complaint herein as though more fully set forth herein at length.
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46. Prior to March 26, 2018, the defendants herein, their agents, servants and/or employees,
knew, or in the exercise of reasonable care should have known, of the dangerous and defective
conditions existing at the premises.
47. Prior to March 26, 2018, the defendants herein, their agents, servants and/or employees
knew to furnish or erect, or caused to be furnished or erected for the performance of such labor at
the premises as was then and the being performed, scaffolding, hoists, stays, ladders, slings,
hangars, blocks, pulleys, braces, irons, ropes and/or other devices which were so constructed,
placed and/or operated as to give plaintiff proper protection in the course of her employment.
48. Prior to March 26, 2018, the defendants herein, their agents, servants and/or employees,
knew, or in the exercise of reasonable care should have known, that the dangerous and defective
conditions as aforesaid were in violation of relevant and applicable provisions of the Labor Law
of the State of New York.
49. Prior to March 26, 2018, the defendants herein, their agents, servants and/or employees,
failed and neglected to cure and/or correct the dangerous and defective conditions as aforesaid,
and further failed and/or neglected to correct the violations of the relevant and applicable
provisions of the Labor Law of the State of New York.
50. Prior to March 26, 2018, the defendants herein, their agents, servants and/or employees,
caused, permitted and/or allowed the premises to become and remain in the aforesaid dangerous
and defective condition.
51. The conditions as aforesaid which existed on and before March 26, 2018, constituted a
substantial and unjustifiable risk of death, dismemberment and serious injury to any users
thereof, including plaintiff.
52. The defendants herein, their agents, servants and/or employees had actual knowledge,
prior to the occurrence complained of, of the aforesaid dangers and risks.
53. Notwithstanding the foregoing, the defendants herein, their agents, servants and/or
employees, caused, permitted and/or allowed plaintiff to perform his work in and upon the
premises.
54. Notwithstanding the foregoing, the defendants herein, their agents, servants and/or
employees, failed to give any sign, signal or warning to plaintiff and others of the dangerous and
defective conditions as aforesaid.
55. The aforesaid acts of the defendants herein, their agents, servants and/or employees,
constituted a conscious disregard of the substantial unjustifiable risk of death, dismemberment
and serious injury to the plaintiff as aforesaid, and further constituted a gross and significant
deviation and departure from the standards of conduct that a reasonable person would have
observed under the circumstances.
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56. The amount of damages sought in this action
by plaintiff exceeds the jurisdic
all lower courts which would otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
PURSUANT TO NEW YORK STATE LABOR LAW SECTION
57. Plaintiff repeats, reiterates and realleges each and every allegation
paragraphs of this Complaint herein as though more fully set forth herein at lengt
58. At all times herein mentioned, the conduct of the defenda-ts were gover
York Labor Law and more particularly
Labor Law Section 200.
defeñdañts'
59. That the aforesaid occurred by reason of violation of New
Law Sechen 200 in that defendants failed to construct, equip, arrange and o
premises so as to provide reasonable and adequate protection to the life, hea
plaintiff, and failed to provide all that madé1ery, equipment and devices at the
and failed to so place, operate and/or guard them so as to provide reasonable
protection to plaintiff.
60. The ament of damages sought in this action
by plaintiff exceeds the jüiisdic
all lower courts which would otherwise have jurisdiction.
WHEREFORE, plaintiff demands judgment against the defendants herein
action, in a sum exceeding the jurisdictional limits of all lower courts which woul
jurisdiction, together with the costs and disbursements of this action.
Dated: Deer Park, New York
October 30, 2018
HALLOCK & MALERBA,
for Plaintiff
Attorney
Office & P.O. Address
1955 Deer Park Avenue
Deer Park, New York 11729
Telephone No.: (631) 482-88
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ATTORNEY'S AFFIRMATION
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
I, the üñdersigned, an attorney sEned to practice in the courts of New
that:
1. I am an ãssociate of the law firm of Hallock & Malerba, the attorne
plaintiff in the within action.
2. I have read the foregoing
VERIFIED COMPLAINT and know the
The same is true to my own knowledge, except as to those matters therein
information and belief, and as to those matters I believe it to be true.
3. The reason this verification is made by me and not by the Plaintiffs
the Plaintiff does not reside in the County of Suffolk in which said law firm is locate
4. The grounds of my belief as to all matters not stated upon my own
follows: based on records and does-cuts in deponents possession and conversat
plaintiff.
I affirm that the foregoing statments are true, under the penalues of perjury.
Dated: October 30, 2018
ALLEN GOLDBERG
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JULIE AYALA,
Plaintiff,
-against-
94TH AVENUE JAMAICA, LLC and
ARTIMUS CONSTRUCTION INC.,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
HALLOCK & MALERBA, PC
Attorneys for Plaintiff
1955 Deer Park Avenue
Deer Park, New York 11729
(631) 482-8888
10 of 10
Preview
FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: X JULIE AYALA, SUMMONS Jury Trial Dem Plaintiff, Plaintiff designate -against- as the County The basis of v 94™ AVENUE JAMAICA, LLC and Plaintiffs reside ARTIMUS CONSTRUCTION INC., Plaintiff resides 1355 E. New Brooklyn, NY Defendant. X County of King To the above named Defendants: YOU ARE HEREBY SUMMONED to añswct the complaint in this a copy of your answer, or, if the complaint is not served with this surnmana, to appearance, on the plaintiffs attorney within 20 days after the service of this sü of the day of service (or within 30 days after the service is complete if this personally delivered to you within the State of New York); and in case of your or answer, judg;nent will be taken against you by default for the relief complaint. Dated: Deer Park, New York October 30, 2018 HALLOCK & MALERBA, for Plaintiff Attorney Office & P.O. Address 1955 Deer Park Avenue Deer Park, New York 11729 Telephone No.: (631) 482-88 1 of 10 FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 RIDER 94TH AVENUE JAMAICA, LLC c/o NATIONAL REGISTERED AGENTS, INC. 111 EIGHTH AVENUE NEW YORK, NEW YORK 10011 ARTIMUS CONSTRUCTION INC. 316 WEST 118TH STREET, 4TH FLOOR NEW YORK, NEW YORK 10026 2 of 10 FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X Index No.: JULIE AYALA, Plaintiff, VERIFIED COMPLAINT -against- 94TH AVENUE JAMAICA, LLC and ARTIMUS CONSTRUCTION INC., Defendant. --------------------------------------------------------------------X Plaintiff, by her attorneys, HALLOCK & MALERBA, P.C., complaining of the defendants, alleges the following, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF 1. That all times mentioned herein, plaintiff JULIE AYALA was and is a resident of the County of Kings, City and State of New York. 2. That at all times mentioned herein, defendant 94TH AVENUE JAMAICA, LLC was and is a limited liability company duly organized and existing pursuant to the laws of the State of New York 3. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE JAMAICA, LLC owned the premises located at 147-20 94th Avenue, Jamaica, New York. 4. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE JAMAICA, LLC managed the premises located at 147-20 94th Avenue, Jamaica, New York. 5. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE JAMAICA, LLC maintained the premises located at 147-20 94th Avenue, Jamaica, New York. 6. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE JAMAICA, LLC operated the premises located at 147-20 94th Avenue, Jamaica, New York. 7. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE JAMAICA, LLC controlled the premises located at 147-20 94th Avenue, Jamaica, New York. 3 of 10 FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 8. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE JAMAICA, LLC occupied the premises located at 147-20 94th Avenue, Jamaica, New York. 9. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE JAMAICA, LLC was a lessor of the premises located at 147-20 94th Avenue, Jamaica, New York. 10. That on March 26, 2018, and at all times herein mentioned, defendant 94TH AVENUE JAMAICA, LLC was a lessee of the premises located at 147-20 94th Avenue, Jamaica, New York. 11. That prior to March 26, 2018, defendant 94TH AVENUE JAMAICA, LLC hired and/or engaged a general contractor, contractors and/or subcontractors with reference to work being performed at the premises. 12. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant 94TH AVENUE JAMAICA, LLC was the General Contractor at the premises located at 147-20 94th Avenue, Jamaica, New York. 13. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant 94TH AVENUE JAMAICA, LLC was the Construction Manager at the premises located at 147- 20 94th Avenue, Jamaica, New York. 14. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant 94TH AVENUE JAMAICA, LLC was a contractor at the premises located at 147-20 94th Avenue, Jamaica, New York. 15. That at all times mentioned herein, defendant 94TH AVENUE JAMAICA, LLC performed work in and upon the premises located at 147-20 94th Avenue, Jamaica, New York. 16. That at all times mentioned herein, defendant 94TH AVENUE JAMAICA, LLC was present in connection with work to be performed at said premises located at 147-20 94th Avenue, Jamaica, New York. 17. That at all times mentioned herein defendant 94TH AVENUE JAMAICA, LLC hired and/or engaged defendant ARTIMUS CONSTRUCTION INC. to perform work, labor and services in and upon the premises located at 147-20 94th Avenue, Jamaica, New York. 18. That at all times mentioned herein, defendant ARTIMUS CONSTRUCTION INC. performed work in and upon the premises located at 147-20 94th Avenue, Jamaica, New York pursuant to a contract and/or written agreement with defendant 94TH AVENUE JAMAICA, LLC. 19. That at all times mentioned herein, defendant ARTIMUS CONSTRUCTION INC. was and is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 4 of 10 FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 20. That at all times mentioned herein, defendant ARTIMUS CONSTRUCTION INC. was and is a foreign corporation duly organized and existing under and by virtue of the laws of a state other than the State of New York but licensed to do business within the State of New York. 21. That on March 26, 2018, and at all times herein mentioned, defendant ARTIMUS CONSTRUCTION INC. managed the premises located at 147-20 94th Avenue, Jamaica, New York. 22. That on March 26, 2018, and at all times herein mentioned, defendant ARTIMUS CONSTRUCTION INC. maintained the premises located at 147-20 94th Avenue, Jamaica, New York. 23. That on March 26, 2018, and at all times herein mentioned, defendant ARTIMUS CONSTRUCTION INC. operated the premises located at 147-20 94th Avenue, Jamaica, New York. 24. That on March 26, 2018, and at all times herein mentioned, defendant ARTIMUS CONSTRUCTION INC. controlled the premises located at 147-20 94th Avenue, Jamaica, New York. 25. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant ARTIMUS CONSTRUCTION INC. was the General Contractor at the premises located at 147-20 94th Avenue, Jamaica, New York. 26. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant ARTIMUS CONSTRUCTION INC. was the Construction Manager at the premises located at 147-20 94th Avenue, Jamaica, New York. 27. That at all times mentioned herein, and more specifically, on March 26, 2018, defendant ARTIMUS CONSTRUCTION INC. was a contractor at the premises located at 147-20 94th Avenue, Jamaica, New York. 28. That at all times mentioned herein, defendant ARTIMUS CONSTRUCTION INC. performed work in and upon the premises located at 147-20 94th Avenue, Jamaica, New York. 29. That at all times mentioned herein, defendant ARTIMUS CONSTRUCTION INC. was present in connection with work to be performed at said premises located at 147-20 94th Avenue, Jamaica, New York. 30. On or about March 26, 2018, plaintiff was in and/or upon the premises. 31. At the aforesaid time and place, plaintiff was engaged in work in and/or upon the premises in the course and scope of her employment for A & M Professional Security Consulting Corp. 5 of 10 FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 32. At the aforesaid time and place, the work being performed by plaintiff at the premises was subject to the relevant and applicable provisions of the Labor Law of the State of New York. 33. That at all times mentioned herein, there was a dangerous and defective condition at the aforesaid premises. 34. That on March 26, 2018, plaintiff JULIE AYALA was lawfully at the aforesaid premises. 35. That on March 26, 2018, while plaintiff JULIE AYALA was lawfully and properly on the aforesaid premises, she was caused to slip, trip and fall. 36. That the aforesaid fall occurred by reason of and due to the aforesaid dangerous and defective condition. 37. That at all times mentioned herein, defendants had both actual and constructive notice of said dangerous and defective condition. 38. That the defendants had caused and created the subject dangerous and defective condition. 39. That the aforesaid occurred by reason of the negligence of the defendants in the ownership, operation, maintenance, management and control of the subject premises. 40. That the aforesaid occurred by reason of the negligence of the defendants in the ownership, operation, management, maintenance, and control of the subject premises, and/or by their violation and failure to comply with the relevant and applicable provisions of the Labor Law of the State of New York. 41. That the aforesaid occurred by reason of the negligence of the defendants, their agents, servants and/or employees in failing to properly hire, train and supervise their employees. 42. That by reason of the foregoing plaintiff JULIE AYALA was caused to sustain serious, severe and permanent personal injuries, pain and suffering, and special damages. 43. That this action falls within one of the exceptions of Article 16 of the C.P.L.R. 44. The amount of damages sought in this action by plaintiff JULIE AYALA exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF 45. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs of this Complaint herein as though more fully set forth herein at length. 6 of 10 FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 46. Prior to March 26, 2018, the defendants herein, their agents, servants and/or employees, knew, or in the exercise of reasonable care should have known, of the dangerous and defective conditions existing at the premises. 47. Prior to March 26, 2018, the defendants herein, their agents, servants and/or employees knew to furnish or erect, or caused to be furnished or erected for the performance of such labor at the premises as was then and the being performed, scaffolding, hoists, stays, ladders, slings, hangars, blocks, pulleys, braces, irons, ropes and/or other devices which were so constructed, placed and/or operated as to give plaintiff proper protection in the course of her employment. 48. Prior to March 26, 2018, the defendants herein, their agents, servants and/or employees, knew, or in the exercise of reasonable care should have known, that the dangerous and defective conditions as aforesaid were in violation of relevant and applicable provisions of the Labor Law of the State of New York. 49. Prior to March 26, 2018, the defendants herein, their agents, servants and/or employees, failed and neglected to cure and/or correct the dangerous and defective conditions as aforesaid, and further failed and/or neglected to correct the violations of the relevant and applicable provisions of the Labor Law of the State of New York. 50. Prior to March 26, 2018, the defendants herein, their agents, servants and/or employees, caused, permitted and/or allowed the premises to become and remain in the aforesaid dangerous and defective condition. 51. The conditions as aforesaid which existed on and before March 26, 2018, constituted a substantial and unjustifiable risk of death, dismemberment and serious injury to any users thereof, including plaintiff. 52. The defendants herein, their agents, servants and/or employees had actual knowledge, prior to the occurrence complained of, of the aforesaid dangers and risks. 53. Notwithstanding the foregoing, the defendants herein, their agents, servants and/or employees, caused, permitted and/or allowed plaintiff to perform his work in and upon the premises. 54. Notwithstanding the foregoing, the defendants herein, their agents, servants and/or employees, failed to give any sign, signal or warning to plaintiff and others of the dangerous and defective conditions as aforesaid. 55. The aforesaid acts of the defendants herein, their agents, servants and/or employees, constituted a conscious disregard of the substantial unjustifiable risk of death, dismemberment and serious injury to the plaintiff as aforesaid, and further constituted a gross and significant deviation and departure from the standards of conduct that a reasonable person would have observed under the circumstances. 7 of 10 FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 56. The amount of damages sought in this action by plaintiff exceeds the jurisdic all lower courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF PURSUANT TO NEW YORK STATE LABOR LAW SECTION 57. Plaintiff repeats, reiterates and realleges each and every allegation paragraphs of this Complaint herein as though more fully set forth herein at lengt 58. At all times herein mentioned, the conduct of the defenda-ts were gover York Labor Law and more particularly Labor Law Section 200. defeñdañts' 59. That the aforesaid occurred by reason of violation of New Law Sechen 200 in that defendants failed to construct, equip, arrange and o premises so as to provide reasonable and adequate protection to the life, hea plaintiff, and failed to provide all that madé1ery, equipment and devices at the and failed to so place, operate and/or guard them so as to provide reasonable protection to plaintiff. 60. The ament of damages sought in this action by plaintiff exceeds the jüiisdic all lower courts which would otherwise have jurisdiction. WHEREFORE, plaintiff demands judgment against the defendants herein action, in a sum exceeding the jurisdictional limits of all lower courts which woul jurisdiction, together with the costs and disbursements of this action. Dated: Deer Park, New York October 30, 2018 HALLOCK & MALERBA, for Plaintiff Attorney Office & P.O. Address 1955 Deer Park Avenue Deer Park, New York 11729 Telephone No.: (631) 482-88 8 of 10 FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 ATTORNEY'S AFFIRMATION STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) I, the üñdersigned, an attorney sEned to practice in the courts of New that: 1. I am an ãssociate of the law firm of Hallock & Malerba, the attorne plaintiff in the within action. 2. I have read the foregoing VERIFIED COMPLAINT and know the The same is true to my own knowledge, except as to those matters therein information and belief, and as to those matters I believe it to be true. 3. The reason this verification is made by me and not by the Plaintiffs the Plaintiff does not reside in the County of Suffolk in which said law firm is locate 4. The grounds of my belief as to all matters not stated upon my own follows: based on records and does-cuts in deponents possession and conversat plaintiff. I affirm that the foregoing statments are true, under the penalues of perjury. Dated: October 30, 2018 ALLEN GOLDBERG 9 of 10 FILED: KINGS COUNTY CLERK 10/30/2018 03:21 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JULIE AYALA, Plaintiff, -against- 94TH AVENUE JAMAICA, LLC and ARTIMUS CONSTRUCTION INC., Defendants. SUMMONS AND VERIFIED COMPLAINT HALLOCK & MALERBA, PC Attorneys for Plaintiff 1955 Deer Park Avenue Deer Park, New York 11729 (631) 482-8888 10 of 10