Preview
FILED: KINGS COUNTY CLERK 10/30/2018 06:07 PM INDEX NO. 521855/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
______________________________________________________ Filed:_____________
HOWARD LOCKRIDGE, INDEX NO.
Plaintiff, Plaintiff designates Kings
County as the place of trial.
-against-
SUMMONS
TALLA REALTY LLC,
The basis of venue is
Defendant. the County in which the
______________________________________________________ cause of action arose.
To the above named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer on the plaintiff's attorneys within 20 days after the service of this
summons, exclusive of the day of service of this summons, or within 30 days after service of this
summons is complete if this summons is not personally delivered to you within the State of New
York.
In case of your failure to answer this summons, a judgment by default will be taken
against you for the relief demanded in the complaint, together with the costs of this action.
Dated: New York, New York
October 30, 2018
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
TALLA REALTY LLC
704 Hillside Avenue
New Hyde Park, New York
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____________________________________________________
INDEX NO.
HOWARD LOCKRIDGE,
Plaintiff,
VERIFIED COMPLAINT
-against-
TALLA REALTY LLC,
Defendant.
_____________________________________________________
Plaintiff, by his attorneys, ASHER & ASSOCIATES, P.C., as and for his Verified
Complaint, respectfully alleges, upon information and belief:
1. The plaintiff, HOWARD LOCKRIDGE, at all times herein mentioned was and still is
a resident of the County of Kings and the State of New York.
2. The defendant TALLA REALTY LLC, at all times herein mentioned, was and still is a
corporation organized and existing under the laws of the State of New York.
3. The defendant, TALLA REALTY LLC, at all times herein mentioned was and still is a
limited liability corporation doing business in the County of Nassau and the State of New York.
4. On September 17, 2018, HOWARD LOCKRIDGE was lawfully upon defendant's
premises.
5. On September 17, 2018, the premises located at 427 Throop Avenue, Brooklyn, New
York was under construction of a multiple dwelling as defined by the Multiple Dwelling Law of
the State of New York.
6. On September 17, 2018, the premises located at 427 Throop Avenue, Brooklyn, New
York was intended to be occupied as the residence of at least three families living independently
of one another.
7. On September 17, 2018, the defendant TALLA REALTY LLC owned the premises
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located at 427 Throop Avenue, Brooklyn, New York.
8. On September 17, 2018, the defendant TALLA REALTY LLC was one of the owners
of the premises located at 427 Throop Avenue, Brooklyn, New York.
9. On September 17, 2018, the defendant TALLA REALTY LLC was a lessee of the
premises located at 427 Throop Avenue, Brooklyn, New York.
10. On September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants,
agents and/or employees operated the premises located at 427 Throop Avenue, Brooklyn, New
York.
11. On September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants,
agents and/or employees maintained the premises located at 427 Throop Avenue, Brooklyn, New
York.
12. On September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants,
agents and/or employees managed the premises located at 427 Throop Avenue, Brooklyn, New
York.
13. On September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants,
agents and/or employees controlled the premises located at 427 Throop Avenue, Brooklyn, New
York.
14. On September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants,
agents and/or employees supervised the premises located at 427 Throop Avenue, Brooklyn, New
York.
15. On or before September 17, 2018, the defendant TALLA REALTY LLC, defendant's
servants, agents and/or employees repaired the premises located at 427 Throop Avenue,
2
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Brooklyn, New York.
16. On or before September 17, 2018, the defendant TALLA REALTY LLC, defendant's
servants, agents and/or employees inspected the premises located at 427 Throop Avenue,
Brooklyn, New York.
17. On or before September 17, 2018, the defendant TALLA REALTY LLC, defendant's
servants, agents and/or employees constructed the premises located at 427 Throop Avenue,
Brooklyn, New York.
18. On or before September 17, 2018, the defendant TALLA REALTY LLC, defendant's
servants, agents and/or employees designed the premises located at 427 Throop Avenue,
Brooklyn, New York.
19. On September 17, 2018, it was the duty of the defendant TALLA REALTY LLC,
defendant's servants, agents and/or employees to maintain said premises located at 427 Throop
Avenue, Brooklyn, New York, in a reasonably safe and suitable condition and in good repair.
20. On September 17, 2018, while plaintiff was lawfully traversing the sidewalk adjacent to
the aforementioned premises he was caused to trip and fall.
21. On September 17, 2018, while plaintiff was lawfully traversing the aforementioned
sidewalk he was caused to sustain severe and protracted personal injuries.
22. On September 17, 2018, while plaintiff was lawfully on the aforementioned sidewalk
he was caused to be injured due to the negligence, carelessness and recklessness of the defendants
herein.
23. That the said accident and the injuries and damages to the plaintiff resulting
therefrom were caused solely and wholly by reason of the negligence, carelessness and
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recklessness of the defendants, their agents, servants, employees and/or licensees in the
ownership, operation, control and maintenance of the premises located as aforesaid in that they
caused, permitted and/or allowed the aforementioned sidewalk to be, become and remain for a
period of time after notice, either actual or constructive, in a defective, dangerous and
hazardous condition and to be so maintained and constructed as to prevent safe passage over
and along the same by plaintiff and other pedestrians lawfully traversing said sidewalk; in that
they failed to make timely, adequate and proper inspections of the condition of said sidewalk;
in that they failed to make timely, adequate and proper maintenance to said sidewalk and/or
made improper and inadequate maintenance to same; in that they failed to employ adequate
and competent personnel to inspect, maintain and/or repair said sidewalk; in that they
maintained said sidewalk in reckless disregard for the safety of plaintiff and others lawfully
traversing the same; in that they failed to warn plaintiff of the dangerous, traplike, unsafe and
hazardous condition of said sidewalk and in that they failed to take all necessary and proper
means and precautions to avoid the said accident.
24. The defendant TALLA REALTY LLC caused and created said dangerous, defective
and unsafe condition.
25. Solely as a result of the defendant's negligence, carelessness and recklessness,
HOWARD LOCKRIDGE was caused to suffer severe and serious personal injuries to mind and
body, and further, that HOWARD LOCKRIDGE was subjected to great physical pain and
mental anguish.
26. By reason of the foregoing, HOWARD LOCKRIDGE was severely injured and
damaged, sustained severe nervous shock and mental anguish, great physical pain and emotional
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upset, some of which injuries are believed to be permanent in nature and duration, and
HOWARD LOCKRIDGE will be permanently caused to suffer pain, inconvenience and other
effects of such injuries; HOWARD LOCKRIDGE incurred and in the future will necessarily
incur further hospital and/or medical expenses in an effort to be cured of said injuries; and
HOWARD LOCKRIDGE will be unable to pursue HOWARD LOCKRIDGE's usual duties with
the same degree of efficiency as prior to this accident, all to HOWARD LOCKRIDGE's great
damage.
27. This action falls within one or more of the exceptions set forth in Section 1602 of the
Civil Practice Law and Rules.
28. Due to defendant's negligence, plaintiff is entitled to damages.
WHEREFORE, the plaintiff demands judgment awarding damages, in an
amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise
have jurisdiction, together with interest and the costs and disbursements of this action, and such
other and further relief as to this Court seems just and proper.
Dated: New York, New York
October 30, 2018
Roberta D. Asher
______________________________
By: Roberta D. Asher
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
5
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____________________________________________________
INDEX NO.
HOWARD LOCKRIDGE,
Plaintiff, ATTORNEY'S
VERIFICATION
-against-
TALLA REALTY LLC,
Defendant.
_____________________________________________________
Roberta D. Asher, an attorney duly admitted to practice law in the State of New York,
makes the following affirmation under the penalty of perjury:
I am of the firm of ASHER & ASSOCIATES, P.C., the attorneys of record for the
plaintiff.
I have read the foregoing 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 that as to those matters, I believe them to be true.
This verification is made by affirmant and not by plaintiff because he is not in the County
of New York, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are correspondence had with the said plaintiff, information contained in the said plaintiff's file,
which is in affirmant's possession, and other pertinent data relating thereto.
Dated: New York, New York
October 30, 2018
Roberta D. Asher
_______________________________
ROBERTA D. ASHER
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______________________________________________________________
HOWARD LOCKRIDGE,
Plaintiff,
-against-
TALLA REALTY LLC,
Defendant.
_______________________________________________________________
SUMMONS and VERIFIED COMPLAINT
_______________________________________________________________
_______________________________________________________________
The Documents within are hereby certified pursuant to 22 N.Y.C.R.R. 130-1.1-a:
Roberta D. Asher
By:_________________
Roberta D. Asher
________________________________________________________________
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
_______________________________________________________________
PLEASE TAKE NOTICE
NOTICE OF
ENTRY
that the within is a (certified) true copy of a duly entered in the office of the Clerk
of the
within named Court on , 2018 .
NOTICE OF
SETTLEMENT
that an of which the within is a true copy will be presented to the Hon. one of
the
of the within named Court, at , New York, on , 2018 , at 9:30
A.M.
Dated:
8 of 8
Preview
FILED: KINGS COUNTY CLERK 10/30/2018 06:07 PM INDEX NO. 521855/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ______________________________________________________ Filed:_____________ HOWARD LOCKRIDGE, INDEX NO. Plaintiff, Plaintiff designates Kings County as the place of trial. -against- SUMMONS TALLA REALTY LLC, The basis of venue is Defendant. the County in which the ______________________________________________________ cause of action arose. To the above named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: New York, New York October 30, 2018 ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 TALLA REALTY LLC 704 Hillside Avenue New Hyde Park, New York 1 of 8 FILED: KINGS COUNTY CLERK 10/30/2018 06:07 PM INDEX NO. 521855/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ INDEX NO. HOWARD LOCKRIDGE, Plaintiff, VERIFIED COMPLAINT -against- TALLA REALTY LLC, Defendant. _____________________________________________________ Plaintiff, by his attorneys, ASHER & ASSOCIATES, P.C., as and for his Verified Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, HOWARD LOCKRIDGE, at all times herein mentioned was and still is a resident of the County of Kings and the State of New York. 2. The defendant TALLA REALTY LLC, at all times herein mentioned, was and still is a corporation organized and existing under the laws of the State of New York. 3. The defendant, TALLA REALTY LLC, at all times herein mentioned was and still is a limited liability corporation doing business in the County of Nassau and the State of New York. 4. On September 17, 2018, HOWARD LOCKRIDGE was lawfully upon defendant's premises. 5. On September 17, 2018, the premises located at 427 Throop Avenue, Brooklyn, New York was under construction of a multiple dwelling as defined by the Multiple Dwelling Law of the State of New York. 6. On September 17, 2018, the premises located at 427 Throop Avenue, Brooklyn, New York was intended to be occupied as the residence of at least three families living independently of one another. 7. On September 17, 2018, the defendant TALLA REALTY LLC owned the premises 2 of 8 FILED: KINGS COUNTY CLERK 10/30/2018 06:07 PM INDEX NO. 521855/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 located at 427 Throop Avenue, Brooklyn, New York. 8. On September 17, 2018, the defendant TALLA REALTY LLC was one of the owners of the premises located at 427 Throop Avenue, Brooklyn, New York. 9. On September 17, 2018, the defendant TALLA REALTY LLC was a lessee of the premises located at 427 Throop Avenue, Brooklyn, New York. 10. On September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants, agents and/or employees operated the premises located at 427 Throop Avenue, Brooklyn, New York. 11. On September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants, agents and/or employees maintained the premises located at 427 Throop Avenue, Brooklyn, New York. 12. On September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants, agents and/or employees managed the premises located at 427 Throop Avenue, Brooklyn, New York. 13. On September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants, agents and/or employees controlled the premises located at 427 Throop Avenue, Brooklyn, New York. 14. On September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants, agents and/or employees supervised the premises located at 427 Throop Avenue, Brooklyn, New York. 15. On or before September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants, agents and/or employees repaired the premises located at 427 Throop Avenue, 2 3 of 8 FILED: KINGS COUNTY CLERK 10/30/2018 06:07 PM INDEX NO. 521855/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 Brooklyn, New York. 16. On or before September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants, agents and/or employees inspected the premises located at 427 Throop Avenue, Brooklyn, New York. 17. On or before September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants, agents and/or employees constructed the premises located at 427 Throop Avenue, Brooklyn, New York. 18. On or before September 17, 2018, the defendant TALLA REALTY LLC, defendant's servants, agents and/or employees designed the premises located at 427 Throop Avenue, Brooklyn, New York. 19. On September 17, 2018, it was the duty of the defendant TALLA REALTY LLC, defendant's servants, agents and/or employees to maintain said premises located at 427 Throop Avenue, Brooklyn, New York, in a reasonably safe and suitable condition and in good repair. 20. On September 17, 2018, while plaintiff was lawfully traversing the sidewalk adjacent to the aforementioned premises he was caused to trip and fall. 21. On September 17, 2018, while plaintiff was lawfully traversing the aforementioned sidewalk he was caused to sustain severe and protracted personal injuries. 22. On September 17, 2018, while plaintiff was lawfully on the aforementioned sidewalk he was caused to be injured due to the negligence, carelessness and recklessness of the defendants herein. 23. That the said accident and the injuries and damages to the plaintiff resulting therefrom were caused solely and wholly by reason of the negligence, carelessness and 3 4 of 8 FILED: KINGS COUNTY CLERK 10/30/2018 06:07 PM INDEX NO. 521855/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 recklessness of the defendants, their agents, servants, employees and/or licensees in the ownership, operation, control and maintenance of the premises located as aforesaid in that they caused, permitted and/or allowed the aforementioned sidewalk to be, become and remain for a period of time after notice, either actual or constructive, in a defective, dangerous and hazardous condition and to be so maintained and constructed as to prevent safe passage over and along the same by plaintiff and other pedestrians lawfully traversing said sidewalk; in that they failed to make timely, adequate and proper inspections of the condition of said sidewalk; in that they failed to make timely, adequate and proper maintenance to said sidewalk and/or made improper and inadequate maintenance to same; in that they failed to employ adequate and competent personnel to inspect, maintain and/or repair said sidewalk; in that they maintained said sidewalk in reckless disregard for the safety of plaintiff and others lawfully traversing the same; in that they failed to warn plaintiff of the dangerous, traplike, unsafe and hazardous condition of said sidewalk and in that they failed to take all necessary and proper means and precautions to avoid the said accident. 24. The defendant TALLA REALTY LLC caused and created said dangerous, defective and unsafe condition. 25. Solely as a result of the defendant's negligence, carelessness and recklessness, HOWARD LOCKRIDGE was caused to suffer severe and serious personal injuries to mind and body, and further, that HOWARD LOCKRIDGE was subjected to great physical pain and mental anguish. 26. By reason of the foregoing, HOWARD LOCKRIDGE was severely injured and damaged, sustained severe nervous shock and mental anguish, great physical pain and emotional 4 5 of 8 FILED: KINGS COUNTY CLERK 10/30/2018 06:07 PM INDEX NO. 521855/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 upset, some of which injuries are believed to be permanent in nature and duration, and HOWARD LOCKRIDGE will be permanently caused to suffer pain, inconvenience and other effects of such injuries; HOWARD LOCKRIDGE incurred and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries; and HOWARD LOCKRIDGE will be unable to pursue HOWARD LOCKRIDGE's usual duties with the same degree of efficiency as prior to this accident, all to HOWARD LOCKRIDGE's great damage. 27. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. 28. Due to defendant's negligence, plaintiff is entitled to damages. WHEREFORE, the plaintiff demands judgment awarding damages, in an amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with interest and the costs and disbursements of this action, and such other and further relief as to this Court seems just and proper. Dated: New York, New York October 30, 2018 Roberta D. Asher ______________________________ By: Roberta D. Asher ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 5 6 of 8 FILED: KINGS COUNTY CLERK 10/30/2018 06:07 PM INDEX NO. 521855/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ INDEX NO. HOWARD LOCKRIDGE, Plaintiff, ATTORNEY'S VERIFICATION -against- TALLA REALTY LLC, Defendant. _____________________________________________________ Roberta D. Asher, an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am of the firm of ASHER & ASSOCIATES, P.C., the attorneys of record for the plaintiff. I have read the foregoing 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 that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiff because he is not in the County of New York, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with the said plaintiff, information contained in the said plaintiff's file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: New York, New York October 30, 2018 Roberta D. Asher _______________________________ ROBERTA D. ASHER 7 of 8 FILED: KINGS COUNTY CLERK 10/30/2018 06:07 PM INDEX NO. 521855/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______________________________________________________________ HOWARD LOCKRIDGE, Plaintiff, -against- TALLA REALTY LLC, Defendant. _______________________________________________________________ SUMMONS and VERIFIED COMPLAINT _______________________________________________________________ _______________________________________________________________ The Documents within are hereby certified pursuant to 22 N.Y.C.R.R. 130-1.1-a: Roberta D. Asher By:_________________ Roberta D. Asher ________________________________________________________________ ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 _______________________________________________________________ PLEASE TAKE NOTICE NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the Clerk of the within named Court on , 2018 . NOTICE OF SETTLEMENT that an of which the within is a true copy will be presented to the Hon. one of the of the within named Court, at , New York, on , 2018 , at 9:30 A.M. Dated: 8 of 8