Preview
FILED: KINGS COUNTY CLERK 10/01/2018 06:13 PM INDEX NO. 519726/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.:
MARTHE MILIUS, Plaintiff designates
Plaintiff(s), COUNTY OF KINGS
As the place of trial
The basis of the venue is
plaintiff's residence.
against
SUMMONS
Plaintiff resides at
56th
1322 East Street
Brooklyn, NY 11234
ISABELLE CHARLES, County of KINGS
Defendant(s).
.........--------------.................................----_____...... _...................................
To the above-named Defendant(s)
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice
of appearance, on the plaintiff's Attorney(s) within 20 days after the service of this
summons, excluded of the day of service (or within 30 days after the service is complete if
this summons is not perscñaily delivered to you within the State of New York), and in case
of your failure to appear or answer a judgment will be taken against you by default for the
relief demanded in the complaint.
Date: October 1, 2018
Mar/© J. Limier
Mark J. Linder, Esq.
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, NY 10016
Defendant'
address:
ISABELLE CHARLES
56th
1322 East Street
Brooklyn, NY 11234
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------------x
MARTHE MILIUS,
Plaintiff,
-against- VERIFIED
COMPLAINT
Index No.:
ISABELLE CHARLES,
Defendant.
------------------------------------------------------ ----------------x
Plaintiff complaining of the defeñdañt herein, by her attorneys HARMON, LINDER &
ROGOWSKY, respectfully sets forth and alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
1. That at the time of the commencerñênt of this action plaintiff was a resident of the
County of Kings, City and State of New York.
2. That defendant ISABELLE CHARLES was and still is a natural person conducting
business in the State of New York.
3. That the location of the plaintiff's accident giving rise to this action was the interior
56th
stairs !ocated on and upon the lands and premises 1322 East Street, in the County of
Kings, City and State of New York.
4. That on June 19, 2016 while the plaintiff herein was lawfully traversing the interior
stairs and steps at said locatioñ when the plaintiff was caused to slip and fall due to
dangêrous condition(s) including but not limited to: (1) steps that are of irregular and/or
improper riser height; (2) step treads that are improperly sized; (3) excessively worn stairs
and steps; (4) stairs and steps covered with water, debris and/or slippery substances; (5)
absence of proper/adequate hand rails; (5) absence of non-slip tread app|icaticñs on said
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stairs and steps; (6) absence of proper/adequate illuminaticñ; (7) staircase that is
excessively steep; (8) stair treads that were loose, cracked, broken, etc.; (9) stair treads
that were uneven and/or (10) defective handrail thereby sustaining severe injuries as
herein after set forth, due to the negligence of the defendant herein.
5. That the defendant, at all relevant times, and for many weeks and months prior
thereto, caused, created, allowed and/or permitted the stairs and steps of said location, to
remain in a dangerous condition.
6. That the defeñdañt knew or should have known that anyone, including the plaintiff,
using said stairs and steps would be at risk in doing so due to said dangerous conditions
being present.
7. The defendant, at the time of the accident, negligently caused, created, allowed
and/or permitted the stairs and steps to remain in a dangerous condition and failed to
correct the ccñditica. The defendant had actual and constructive notice of the condition on
the day of the accident.
8. That defendant ISABELLE CHARLES owned said location.
9. That defendant ISABELLE CHARLES operated said location.
10. That defendant ISABELLE CHARLES managed said location.
11. That defêñdant ISABELLE CHARLES maintained said location.
12. That defendant ISABELLE CHARLES conticiled said location.
13. That defendant ISABELLE CHARLES through its acts and/or oniissicñs
inadequately and/or improperly owned, operated, managed, maintained and/or controlled
said location.
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14. That defeñdañt ISABELLE CHARLES through its acts and/or omissions ñegligently,
careless|y, inadequately and/or improperly cleaned/repaired/inspected and/or failed to
clean/repair/inspect said location.
15. That the defendant was at all times under a duty to keep said location in a safe,
proper and secured manner to prevent injury to the plaintiff and others, in a conditicñ free
from dangerous conditions.
16. That at all times herein mentioned defendant, their agents, servants and/or
employees thorough their acts and/or omissions were careless and ñegligent in the
ownership, operation and contici of the aforesaid premises; in causing, allowing and/or
permitting the aforesaid premises to become and remain in dangerous condition; in a
dilapidated, unmaintained, negligent, improper and/or unsafe condition; in causing,
alicwiñg and/or permitting aforesaid premises to be and remain in a hazardous condition;
in failing to make proper, timely and adequate inspection thereof; in failing to clean and/or
maintain the aforesaid premises in a proper manner; in the negligeñt and dangerous
design, installation, maintenance and management of the aforesaid area; in failing to set
up proper safeguards and/or barriers; in allowing and/or failing to amend a reoccurring
condition of slippery stairs and steps which was a dangerous condition; in failing to warn
perscñs lawfully traversiñg the area of the aforesaid dangerous and hazardous ecñdition;
in failing to have sufficient and adequate manpower; in failing to pictect invitee of said
area; in creating a nuisance or trap; in failing to provide and/or use proper equipmeñt; and
in otherwise failing to use due care, caution and prudence on the premises.
17. That as a result of the foregoing, the plaintiff was caused to and did sustain severe
and serious injuries and was required to seek and obtain medical care and attention in an
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effort to cure and alleviate same and, upon information and belief will be compelled to do
so in the future.
18. That this occurrence and the injuries sustained by the plaintiff were caused by the
negligence of defendant, without any negligence on the part of the plaintiff contributing
there to.
19. That this action falls within one or more of the exceptions set forth in Section 1602
of the CPLR.
20. That by reason of the foregoing, plaintiff has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
"1"
21. Plaintiff repeats and re-aileges each and every allegation contained in paragraphs
through "20", as if the same were fully hereinafter set forth at length.
defendant'
22. That the conduct as earlier described was ñegligent and careless in inter
alia:
(a) Failing to take proper precautions for the safety and wellbeing of the
plaintiff;
(b) That the defendant was negligent in the hiring, screening, training, and
supervising of its employees;
(c) Failing to adopt appropriate procedures for the protecticñ of invitees
including the plaintiff;
(d) Negligence at law.
23. That the defendant should have known that its failure in such regards would cause
harm.
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24. That by reascñ of the foregoing, plaintiff has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdicti0ñ.
WHEREFORE, plaiñtiff demands judgment against the defendant on the First
and Second Causes of Action together with interest and the costs and disbursemeñts of
this action.
Dated: New York, New York
October 1, 2018
Mulo J. LW
Mark J. Linder, Esq.
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
23rd
3 Park Avenue, Floor, Suite 2300
New York, NY 10016
ACD
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
I, the undersigñêd, am an attorñêy admitted to practice in the Courts of New York
State, and say that:
I am the attorney of record or of counsel with the attorñey(s) of record for the
plaintiff.
I have read the aññexed SUMMONS AND VERIFIED COMPLAINT and know the
contents thereof and the same are true to my knowledge, except those matters thereiñ
which are stated to be alleged on information and belief. As to those matters, I bêIieve
them to be true. My belief, as to those matters therein not stated upon knowledge is based
upon the following:
Interviews and/or discussions held with the p|aintiff(s) and papers and/or documents
in the file.
The reason I make this affirmation instead of the plaintiff is because said plaintiff
resides outside of the county from where your deponent maintains his office for the
practice of law.
Dated: New York, NY
October 1, 2018
Marlo J. LW
Mark J. Linder, Esq.
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Index No.: Year:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________ _____________________________________________________________ ______
MARTHE MILIUS,
Plaintiff(s),
-against-
ISABELLE CHARLES,
Defendant(s).
___.._____.........-___________................. _____ ____-______-...
VERIFIED SUMMONS AND COMPLAINT
._______ _________________________________________________________________
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016
Tel: (212) 732-3665 Fax: (212) 732-1462
_________--------- ____.__________________
To:
Attorney(s) for
.. __----________________ _____________---- __________
Service of a Copy of the within is hereby admitted.
Dated:
Attorneys for
___________ _____________ _________
PLEASE TAKE NOTICE:
NOTICE OF That the within is a (certified) true copy of a
ENTRY êiltered in the office of the clerk of the within named Court on 20_
NOTICE OF that an Order of which the within is a true copy will be presented for sett|emant to the
SETTLEMENT Hon. one of the Judges of the within named Court, on
20_, at M.
Dated:
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016
Tel: (212) 732-3665 Fax: (212) 732-1462
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Preview
FILED: KINGS COUNTY CLERK 10/01/2018 06:13 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: MARTHE MILIUS, Plaintiff designates Plaintiff(s), COUNTY OF KINGS As the place of trial The basis of the venue is plaintiff's residence. against SUMMONS Plaintiff resides at 56th 1322 East Street Brooklyn, NY 11234 ISABELLE CHARLES, County of KINGS Defendant(s). .........--------------.................................----_____...... _................................... To the above-named Defendant(s) YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's Attorney(s) within 20 days after the service of this summons, excluded of the day of service (or within 30 days after the service is complete if this summons is not perscñaily delivered to you within the State of New York), and in case of your failure to appear or answer a judgment will be taken against you by default for the relief demanded in the complaint. Date: October 1, 2018 Mar/© J. Limier Mark J. Linder, Esq. HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, NY 10016 Defendant' address: ISABELLE CHARLES 56th 1322 East Street Brooklyn, NY 11234 1 of 8 FILED: KINGS COUNTY CLERK 10/01/2018 06:13 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------------x MARTHE MILIUS, Plaintiff, -against- VERIFIED COMPLAINT Index No.: ISABELLE CHARLES, Defendant. ------------------------------------------------------ ----------------x Plaintiff complaining of the defeñdañt herein, by her attorneys HARMON, LINDER & ROGOWSKY, respectfully sets forth and alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF 1. That at the time of the commencerñênt of this action plaintiff was a resident of the County of Kings, City and State of New York. 2. That defendant ISABELLE CHARLES was and still is a natural person conducting business in the State of New York. 3. That the location of the plaintiff's accident giving rise to this action was the interior 56th stairs !ocated on and upon the lands and premises 1322 East Street, in the County of Kings, City and State of New York. 4. That on June 19, 2016 while the plaintiff herein was lawfully traversing the interior stairs and steps at said locatioñ when the plaintiff was caused to slip and fall due to dangêrous condition(s) including but not limited to: (1) steps that are of irregular and/or improper riser height; (2) step treads that are improperly sized; (3) excessively worn stairs and steps; (4) stairs and steps covered with water, debris and/or slippery substances; (5) absence of proper/adequate hand rails; (5) absence of non-slip tread app|icaticñs on said 2 of 8 FILED: KINGS COUNTY CLERK 10/01/2018 06:13 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 stairs and steps; (6) absence of proper/adequate illuminaticñ; (7) staircase that is excessively steep; (8) stair treads that were loose, cracked, broken, etc.; (9) stair treads that were uneven and/or (10) defective handrail thereby sustaining severe injuries as herein after set forth, due to the negligence of the defendant herein. 5. That the defendant, at all relevant times, and for many weeks and months prior thereto, caused, created, allowed and/or permitted the stairs and steps of said location, to remain in a dangerous condition. 6. That the defeñdañt knew or should have known that anyone, including the plaintiff, using said stairs and steps would be at risk in doing so due to said dangerous conditions being present. 7. The defendant, at the time of the accident, negligently caused, created, allowed and/or permitted the stairs and steps to remain in a dangerous condition and failed to correct the ccñditica. The defendant had actual and constructive notice of the condition on the day of the accident. 8. That defendant ISABELLE CHARLES owned said location. 9. That defendant ISABELLE CHARLES operated said location. 10. That defendant ISABELLE CHARLES managed said location. 11. That defêñdant ISABELLE CHARLES maintained said location. 12. That defendant ISABELLE CHARLES conticiled said location. 13. That defendant ISABELLE CHARLES through its acts and/or oniissicñs inadequately and/or improperly owned, operated, managed, maintained and/or controlled said location. 3 of 8 FILED: KINGS COUNTY CLERK 10/01/2018 06:13 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 14. That defeñdañt ISABELLE CHARLES through its acts and/or omissions ñegligently, careless|y, inadequately and/or improperly cleaned/repaired/inspected and/or failed to clean/repair/inspect said location. 15. That the defendant was at all times under a duty to keep said location in a safe, proper and secured manner to prevent injury to the plaintiff and others, in a conditicñ free from dangerous conditions. 16. That at all times herein mentioned defendant, their agents, servants and/or employees thorough their acts and/or omissions were careless and ñegligent in the ownership, operation and contici of the aforesaid premises; in causing, allowing and/or permitting the aforesaid premises to become and remain in dangerous condition; in a dilapidated, unmaintained, negligent, improper and/or unsafe condition; in causing, alicwiñg and/or permitting aforesaid premises to be and remain in a hazardous condition; in failing to make proper, timely and adequate inspection thereof; in failing to clean and/or maintain the aforesaid premises in a proper manner; in the negligeñt and dangerous design, installation, maintenance and management of the aforesaid area; in failing to set up proper safeguards and/or barriers; in allowing and/or failing to amend a reoccurring condition of slippery stairs and steps which was a dangerous condition; in failing to warn perscñs lawfully traversiñg the area of the aforesaid dangerous and hazardous ecñdition; in failing to have sufficient and adequate manpower; in failing to pictect invitee of said area; in creating a nuisance or trap; in failing to provide and/or use proper equipmeñt; and in otherwise failing to use due care, caution and prudence on the premises. 17. That as a result of the foregoing, the plaintiff was caused to and did sustain severe and serious injuries and was required to seek and obtain medical care and attention in an 4 of 8 FILED: KINGS COUNTY CLERK 10/01/2018 06:13 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 effort to cure and alleviate same and, upon information and belief will be compelled to do so in the future. 18. That this occurrence and the injuries sustained by the plaintiff were caused by the negligence of defendant, without any negligence on the part of the plaintiff contributing there to. 19. That this action falls within one or more of the exceptions set forth in Section 1602 of the CPLR. 20. That by reason of the foregoing, plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF "1" 21. Plaintiff repeats and re-aileges each and every allegation contained in paragraphs through "20", as if the same were fully hereinafter set forth at length. defendant' 22. That the conduct as earlier described was ñegligent and careless in inter alia: (a) Failing to take proper precautions for the safety and wellbeing of the plaintiff; (b) That the defendant was negligent in the hiring, screening, training, and supervising of its employees; (c) Failing to adopt appropriate procedures for the protecticñ of invitees including the plaintiff; (d) Negligence at law. 23. That the defendant should have known that its failure in such regards would cause harm. 5 of 8 FILED: KINGS COUNTY CLERK 10/01/2018 06:13 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 24. That by reascñ of the foregoing, plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdicti0ñ. WHEREFORE, plaiñtiff demands judgment against the defendant on the First and Second Causes of Action together with interest and the costs and disbursemeñts of this action. Dated: New York, New York October 1, 2018 Mulo J. LW Mark J. Linder, Esq. HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 23rd 3 Park Avenue, Floor, Suite 2300 New York, NY 10016 ACD 6 of 8 FILED: KINGS COUNTY CLERK 10/01/2018 06:13 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) I, the undersigñêd, am an attorñêy admitted to practice in the Courts of New York State, and say that: I am the attorney of record or of counsel with the attorñey(s) of record for the plaintiff. I have read the aññexed SUMMONS AND VERIFIED COMPLAINT and know the contents thereof and the same are true to my knowledge, except those matters thereiñ which are stated to be alleged on information and belief. As to those matters, I bêIieve them to be true. My belief, as to those matters therein not stated upon knowledge is based upon the following: Interviews and/or discussions held with the p|aintiff(s) and papers and/or documents in the file. The reason I make this affirmation instead of the plaintiff is because said plaintiff resides outside of the county from where your deponent maintains his office for the practice of law. Dated: New York, NY October 1, 2018 Marlo J. LW Mark J. Linder, Esq. 7 of 8 FILED: KINGS COUNTY CLERK 10/01/2018 06:13 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 Index No.: Year: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________ _____________________________________________________________ ______ MARTHE MILIUS, Plaintiff(s), -against- ISABELLE CHARLES, Defendant(s). ___.._____.........-___________................. _____ ____-______-... VERIFIED SUMMONS AND COMPLAINT ._______ _________________________________________________________________ HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 Tel: (212) 732-3665 Fax: (212) 732-1462 _________--------- ____.__________________ To: Attorney(s) for .. __----________________ _____________---- __________ Service of a Copy of the within is hereby admitted. Dated: Attorneys for ___________ _____________ _________ PLEASE TAKE NOTICE: NOTICE OF That the within is a (certified) true copy of a ENTRY êiltered in the office of the clerk of the within named Court on 20_ NOTICE OF that an Order of which the within is a true copy will be presented for sett|emant to the SETTLEMENT Hon. one of the Judges of the within named Court, on 20_, at M. Dated: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 Tel: (212) 732-3665 Fax: (212) 732-1462 8 of 8