Preview
FILED: KINGS COUNTY CLERK 03/09/2022 11:01 AM INDEX NO. 506931/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
--------------------------------------------------------------X SUMMONS
KALWEEN RODRIGUEZ,
Plaintiff designates
Plaintiff, Kings County as the
place of trial.
-against-
The basis of venue is:
TOV MANAGEMENT CORP., TOV PROPERTY Plaintiff's residence.
MANAGEMENT CORP., METROPOLITAN REALTY Plaintiff resides at 233
MANAGEMENT, INC., and METROPLITAN REALTY & Jamaica Avenue,
MANAGEMENT NY INC. Brooldyn, NY 11207
Defendant.
______________________________________________________________x
To the above named Defendant:
You are hereby SUMMONED to appear in this action by serving a notice
of appearance upon plaintiff's attorney undersigned within 20 days after the
service of this Summons exclusive of the day of service, or within 30 days after
service if this Summons is not personally delivered to you in the State of New
York.
TAKE NOTICE that the nature of this action and the relief sought is to
recover damages for personal injury sustained by plaintiff as a result of the
negligence of the defendant and that, if you fail to appear, judgment will be taken
against you by default for an amount in excess of the jurisdiction of all courts of
inferior jurisdiction.
Dated: NEW YORK, NY
March 9, 2022
Michael Flomenhah
THE FLOMENHAFT LAW FIRM, PLLC
Attorneys for Plaintiff Z
90 Broad Street Suited901
New York, NY 10004.
(646) 747-0300
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TO: TOV MANAGEMENT CORP.
168 Hooper Street
Brooklyn, NY 11211
TOV PROPERTY MANAGEMENT CORP.
PO Box 445
Monsey, NY 1o952
METROPOLITAN REALTY MANAGEMENT, INC
28 Liberty Street
New York, NY 10005
METROPOLITAN REALTY & MANAGEMENT NY, INC
777 Kent Avenue, suite 228
Brooldyn, NY 11205
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________________________________________________Ç
KALWEEN RODRIGUEZ,
VERIFIED
Plaintiff, COMPLAINT
Index No.:
-against-
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT, CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN REALTY &
MANAGEMENT NY INC.
Defendant.
________________________________.._______________________Ç
Plaintiff, complaining of Defendant through his attorneys, The Flomenhaft
Law Firm, PLLC, states upon information and belief that,% September 20, 2019
and at all relevant times prior thereto, at 233 Jamaica Av ue, Brooklyn, NY
11207 (unless otherwise specified):
1. Plaintiff, KALWEEN RODRIGUEZ resides at 233 Jamaica Avenue,
Brooklyn, NY 11207.
2. Defendant, TOV MANAGEMENT CORP., was and still is a profit
corporation duly organized and existing under and by virtue of the laws of the
State of New York and having its principal place of business located at 168
Hooper Street, Brooklyn, NY 11211.
3. Defendant, TOV MANAGEMENT CORP., we nd still is a domestic
business corporation organized and under by virtue of the laws
duly existing ab
of the State of New York and having its principal place of Wúsiness located at 168
Hooper Street, Brooklyn, NY 11211.
4. TOV MANAGEMENT COPR, owned and mahaged and still owns
and manages a residential building located at 233 Jamaica Avenue, Brooklyn, NY
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11207 (the Premises).
5. It was the duty of TOV MANAGEMENT CORP., to maintain
Premises in a safe and proper condition and free from dangers,
reasonably
defects, and hazards.
6. TOV MANAGEMENT CORP managed the Premises.
7. TOV MAN GEMENT CORP controlled the Premises.
8. TOV MANÁGEMENT CORP operated the Premises.
9. TOV MANAGEMENT CORP was responsible for the maintenance of
the Premises.
10. TOV MANAGEMENT CORP had the duty to inspect the Premises at
regular and reasonable intervals.
11. TOV MANAGEMENT CORP supervised personnel at the Premises.
12. TOV MANAGEMENT CORP monitored the Premises.
13. TOV MANAGEMENT CORP inspected the Premises.
14. Defendant, TOV MANAGEMENT CORP., its servants, agents and/or
employees managed, opçrated, maintained, supervised, inspected, repaired, and
controlled the Premise and the various portions thereof, including garage of the
aforesaid premises, an ad possession of said premises.
15. Defendant, TOV PROPERTY MANAGEMENT CORP., was and still is
a domestic business corporation duly organized and existing under and by virtue
of the laws of the State of New York and having its principal place of business
located at PO Box 445, Monsey New York, 10952.
16. TOV PROPERTY MANAGEMENT CORP, managed and still
manages a residential building located at 233 Jamaica Avenue, Brooldyn, NY
11207 (the Premises).
17. It was the duty of TOV PROPERTY MANAGEMENT CORP., to
maintain Premises in a treasonably safe and proper condition and free from
dangers, defects, and h Eards.
4
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18. TOV PROPERTY MANAGEMENT CORP managed the Premises.
19. TOV PROPERTY MANAGEMENT CORP controlled the Premises.
20. TOV PROPERTY MANAGEMENT CORP operated the Premises.
21. TOV PROPERTY MANAGEMENT CORP yeas responsible for the
maintenance of the Premises.
22. TOV PROPERTY MANAGEMENT CORP had the duty to inspect the
Premises at regular and reasonable intervals.
23. TOV PROPERTY MANAGEMENT CORP supervised personnel at the
Premises.
24. TOV PROPERTY MANAGEMENT CORP monitored the Premises.
25. TOV PROPERTY MANAGEMENT CORP inspected the Premises.
26. Defendant, TOV PROPERTY MANAGEMENT CORP., its servants,
agents and/or employees managed, operated, maintained, supervised, inspected,
repaired, and controlled the Premises, and the various po Éions thereof, including
garage of the aforesaid premises, and had possession of said premises.
27. Defendant, METROPOLITAN REALTY MAÑhGEMENT, INC., was
and still is a foreign business corporation duly organized tand existing under and
by virtue of the laws of the State of New York and having'its principal place of
business located at 28 Liberty Street, New York, NY 10005·
28. METROPOLITAN REALTY MANAGEMENT, INC, owned and
managed and still owns and manages a residential building located at 233
Jamaica Avenue, Brooklyn, NY 11207 (the Premises).
29. It was the duty of METROPOLITAN REALTY.MANAGEMENT,
INC., to maintain Premises in a reasonably safe and propePcondition and free
from dangers, defects, and hazards.
30. METROPOLITAN REALTY MANAGEMENT, INC managed the
Premises.
31. METROPOLITAN REALTY MANAGEMENT, INC controlled the
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Premises.
32. METROPQLITAN REALTY MANAGEMENT, INC operated the
Premises.
33. METROP LITAN REALTY MANAGEMENT, INC was responsible
for the maintenance o he Premises.
34. METROPOLITAN REALTY MANAGEMENT, INC had the duty to
inspect the Premises at regular and reasonable intervals.
35. METROPOLITAN REALTY MANAGEMENT, INC supervised
personnel at the Premises.
36. METROPOLITAN REALTY MANAGEMENT, INC monitored the
Premises.
37. METROPO ,ITAN REALTY MANAGEMENT, INC inspected the
Premises.
38. Defendan METROPOLITAN REALTY MANAGEMENT, INC., its
servants, agents and/df employees managed, operated, maintained, supervised,
inspected, repaired, and controlled the Premises, and the various portions
thereof, including garage of the aforesaid premises, and had possession of said
premises.
39. Defendant, METROPOLITAN REALTY & MANAGEMENT NY, INC.,
was and still is a domedic business corporation duly organized and existing
under and by virtue of the laws of the State of New York and having its principal
place of business locateûat 777 Kent Avenue, Suite 228, Brooldyn, NY 11205.
40. METROPOLITAN REALTY & MANAGEMENT NY, INC, owned and
managed and still ow ind manages a residential building located at 233
Jamaica Avenue, Brooldyn, NY 11207 (the Premises).
41. It was the duty of METROPOLITAN REALTY & MANAGEMENT
NY, INC., to maintain.Premises in a reasonably safe and proper condition and
free from dangers, defeefs, and hazards.
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42. METROPOLITAN REALTY & MANAGE1VIENT NY, INC managed
the Premises.
43. METROPOLITAN REALTY & MANAGEMENT NY, INC controlled
the Premises.
44. METROPOLITAN REALTY & MANAGEMENT NY, INC operated
the Premises.
45. METROPOLITAN REALTY & MANAGEMENT NY, INC was
responsible for the maintenance of the Premises.
46. METROPOLITAN REALTY & MANAGEMENT NY, INC had the duty
to inspect the Premises at regular and reasonable intervâls.
47. METROPOLITAN REALTY & MANAGEMÊ T NY, INC supervised
personnel at the Premises.
48. METROPOLITAN REALTY & MANAGEMENT NY, INC monitored
the Premises.
49. METROPOLITAN REALTY & MANAGEMENT NY, INC inspected
the Premises.
50. Defendant, METROPOLITAN REALTY & MANAGEMENT NY, INC.,
its servants, agents and/or employees managed, operated, inaintained,
supervised, inspected, repaired, and controlled the Prem s, and the various
portions thereof, including garage of the aforesaid premipes, and had possession
of said premises.
51. On September 20, 2019 Plaintiff Kalween Rodriguez, was working as
a superintended of the aforesaid premises. When he entered the garage the
concrete ceiling collapsed hitting him on his head and causing plaintiff to sustain
serious and permanent personal injuries.
52. The defendants, their agents, servants, and employees were
negligent, careless and recldess: in failing to keep and malfdain the Premises in a
safe and proper condition; in failing to properly operate, edntrol, manage,
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inspect, repair, mainta and supervise the aforesaid premises, and in particular
garage of the aforesaid premises; in causing and permitting an unsafe and
hazardous condition to exist at the aforesaid premises; in failing to remedy the
hazardous and defective condition of the ceiling which caused the concrete to fall
striking the plaintiff; in f iling to properly maintain, repair or remedy the
dangerous and hazardons conditions; in failing to properly and adequately
inspect the garage and ceiling to ensure that it was in a safe and proper condition;
in failing to repair the ce
Preview
FILED: KINGS COUNTY CLERK 03/09/2022 11:01 AM INDEX NO. 506931/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS --------------------------------------------------------------X SUMMONS KALWEEN RODRIGUEZ, Plaintiff designates Plaintiff, Kings County as the place of trial. -against- The basis of venue is: TOV MANAGEMENT CORP., TOV PROPERTY Plaintiff's residence. MANAGEMENT CORP., METROPOLITAN REALTY Plaintiff resides at 233 MANAGEMENT, INC., and METROPLITAN REALTY & Jamaica Avenue, MANAGEMENT NY INC. Brooldyn, NY 11207 Defendant. ______________________________________________________________x To the above named Defendant: You are hereby SUMMONED to appear in this action by serving a notice of appearance upon plaintiff's attorney undersigned within 20 days after the service of this Summons exclusive of the day of service, or within 30 days after service if this Summons is not personally delivered to you in the State of New York. TAKE NOTICE that the nature of this action and the relief sought is to recover damages for personal injury sustained by plaintiff as a result of the negligence of the defendant and that, if you fail to appear, judgment will be taken against you by default for an amount in excess of the jurisdiction of all courts of inferior jurisdiction. Dated: NEW YORK, NY March 9, 2022 Michael Flomenhah THE FLOMENHAFT LAW FIRM, PLLC Attorneys for Plaintiff Z 90 Broad Street Suited901 New York, NY 10004. (646) 747-0300 1 1 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 11:01 AM INDEX NO. 506931/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 TO: TOV MANAGEMENT CORP. 168 Hooper Street Brooklyn, NY 11211 TOV PROPERTY MANAGEMENT CORP. PO Box 445 Monsey, NY 1o952 METROPOLITAN REALTY MANAGEMENT, INC 28 Liberty Street New York, NY 10005 METROPOLITAN REALTY & MANAGEMENT NY, INC 777 Kent Avenue, suite 228 Brooldyn, NY 11205 2 2 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 11:01 AM INDEX NO. 506931/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________________________________________________Ç KALWEEN RODRIGUEZ, VERIFIED Plaintiff, COMPLAINT Index No.: -against- TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT, CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC. Defendant. ________________________________.._______________________Ç Plaintiff, complaining of Defendant through his attorneys, The Flomenhaft Law Firm, PLLC, states upon information and belief that,% September 20, 2019 and at all relevant times prior thereto, at 233 Jamaica Av ue, Brooklyn, NY 11207 (unless otherwise specified): 1. Plaintiff, KALWEEN RODRIGUEZ resides at 233 Jamaica Avenue, Brooklyn, NY 11207. 2. Defendant, TOV MANAGEMENT CORP., was and still is a profit corporation duly organized and existing under and by virtue of the laws of the State of New York and having its principal place of business located at 168 Hooper Street, Brooklyn, NY 11211. 3. Defendant, TOV MANAGEMENT CORP., we nd still is a domestic business corporation organized and under by virtue of the laws duly existing ab of the State of New York and having its principal place of Wúsiness located at 168 Hooper Street, Brooklyn, NY 11211. 4. TOV MANAGEMENT COPR, owned and mahaged and still owns and manages a residential building located at 233 Jamaica Avenue, Brooklyn, NY 3 3 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 11:01 AM INDEX NO. 506931/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 11207 (the Premises). 5. It was the duty of TOV MANAGEMENT CORP., to maintain Premises in a safe and proper condition and free from dangers, reasonably defects, and hazards. 6. TOV MANAGEMENT CORP managed the Premises. 7. TOV MAN GEMENT CORP controlled the Premises. 8. TOV MANÁGEMENT CORP operated the Premises. 9. TOV MANAGEMENT CORP was responsible for the maintenance of the Premises. 10. TOV MANAGEMENT CORP had the duty to inspect the Premises at regular and reasonable intervals. 11. TOV MANAGEMENT CORP supervised personnel at the Premises. 12. TOV MANAGEMENT CORP monitored the Premises. 13. TOV MANAGEMENT CORP inspected the Premises. 14. Defendant, TOV MANAGEMENT CORP., its servants, agents and/or employees managed, opçrated, maintained, supervised, inspected, repaired, and controlled the Premise and the various portions thereof, including garage of the aforesaid premises, an ad possession of said premises. 15. Defendant, TOV PROPERTY MANAGEMENT CORP., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York and having its principal place of business located at PO Box 445, Monsey New York, 10952. 16. TOV PROPERTY MANAGEMENT CORP, managed and still manages a residential building located at 233 Jamaica Avenue, Brooldyn, NY 11207 (the Premises). 17. It was the duty of TOV PROPERTY MANAGEMENT CORP., to maintain Premises in a treasonably safe and proper condition and free from dangers, defects, and h Eards. 4 4 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 11:01 AM INDEX NO. 506931/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 18. TOV PROPERTY MANAGEMENT CORP managed the Premises. 19. TOV PROPERTY MANAGEMENT CORP controlled the Premises. 20. TOV PROPERTY MANAGEMENT CORP operated the Premises. 21. TOV PROPERTY MANAGEMENT CORP yeas responsible for the maintenance of the Premises. 22. TOV PROPERTY MANAGEMENT CORP had the duty to inspect the Premises at regular and reasonable intervals. 23. TOV PROPERTY MANAGEMENT CORP supervised personnel at the Premises. 24. TOV PROPERTY MANAGEMENT CORP monitored the Premises. 25. TOV PROPERTY MANAGEMENT CORP inspected the Premises. 26. Defendant, TOV PROPERTY MANAGEMENT CORP., its servants, agents and/or employees managed, operated, maintained, supervised, inspected, repaired, and controlled the Premises, and the various po Éions thereof, including garage of the aforesaid premises, and had possession of said premises. 27. Defendant, METROPOLITAN REALTY MAÑhGEMENT, INC., was and still is a foreign business corporation duly organized tand existing under and by virtue of the laws of the State of New York and having'its principal place of business located at 28 Liberty Street, New York, NY 10005· 28. METROPOLITAN REALTY MANAGEMENT, INC, owned and managed and still owns and manages a residential building located at 233 Jamaica Avenue, Brooklyn, NY 11207 (the Premises). 29. It was the duty of METROPOLITAN REALTY.MANAGEMENT, INC., to maintain Premises in a reasonably safe and propePcondition and free from dangers, defects, and hazards. 30. METROPOLITAN REALTY MANAGEMENT, INC managed the Premises. 31. METROPOLITAN REALTY MANAGEMENT, INC controlled the 5 5 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 11:01 AM INDEX NO. 506931/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 Premises. 32. METROPQLITAN REALTY MANAGEMENT, INC operated the Premises. 33. METROP LITAN REALTY MANAGEMENT, INC was responsible for the maintenance o he Premises. 34. METROPOLITAN REALTY MANAGEMENT, INC had the duty to inspect the Premises at regular and reasonable intervals. 35. METROPOLITAN REALTY MANAGEMENT, INC supervised personnel at the Premises. 36. METROPOLITAN REALTY MANAGEMENT, INC monitored the Premises. 37. METROPO ,ITAN REALTY MANAGEMENT, INC inspected the Premises. 38. Defendan METROPOLITAN REALTY MANAGEMENT, INC., its servants, agents and/df employees managed, operated, maintained, supervised, inspected, repaired, and controlled the Premises, and the various portions thereof, including garage of the aforesaid premises, and had possession of said premises. 39. Defendant, METROPOLITAN REALTY & MANAGEMENT NY, INC., was and still is a domedic business corporation duly organized and existing under and by virtue of the laws of the State of New York and having its principal place of business locateûat 777 Kent Avenue, Suite 228, Brooldyn, NY 11205. 40. METROPOLITAN REALTY & MANAGEMENT NY, INC, owned and managed and still ow ind manages a residential building located at 233 Jamaica Avenue, Brooldyn, NY 11207 (the Premises). 41. It was the duty of METROPOLITAN REALTY & MANAGEMENT NY, INC., to maintain.Premises in a reasonably safe and proper condition and free from dangers, defeefs, and hazards. 6 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 11:01 AM INDEX NO. 506931/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 42. METROPOLITAN REALTY & MANAGE1VIENT NY, INC managed the Premises. 43. METROPOLITAN REALTY & MANAGEMENT NY, INC controlled the Premises. 44. METROPOLITAN REALTY & MANAGEMENT NY, INC operated the Premises. 45. METROPOLITAN REALTY & MANAGEMENT NY, INC was responsible for the maintenance of the Premises. 46. METROPOLITAN REALTY & MANAGEMENT NY, INC had the duty to inspect the Premises at regular and reasonable intervâls. 47. METROPOLITAN REALTY & MANAGEMÊ T NY, INC supervised personnel at the Premises. 48. METROPOLITAN REALTY & MANAGEMENT NY, INC monitored the Premises. 49. METROPOLITAN REALTY & MANAGEMENT NY, INC inspected the Premises. 50. Defendant, METROPOLITAN REALTY & MANAGEMENT NY, INC., its servants, agents and/or employees managed, operated, inaintained, supervised, inspected, repaired, and controlled the Prem s, and the various portions thereof, including garage of the aforesaid premipes, and had possession of said premises. 51. On September 20, 2019 Plaintiff Kalween Rodriguez, was working as a superintended of the aforesaid premises. When he entered the garage the concrete ceiling collapsed hitting him on his head and causing plaintiff to sustain serious and permanent personal injuries. 52. The defendants, their agents, servants, and employees were negligent, careless and recldess: in failing to keep and malfdain the Premises in a safe and proper condition; in failing to properly operate, edntrol, manage, 7 7 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 11:01 AM INDEX NO. 506931/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 inspect, repair, mainta and supervise the aforesaid premises, and in particular garage of the aforesaid premises; in causing and permitting an unsafe and hazardous condition to exist at the aforesaid premises; in failing to remedy the hazardous and defective condition of the ceiling which caused the concrete to fall striking the plaintiff; in f iling to properly maintain, repair or remedy the dangerous and hazardons conditions; in failing to properly and adequately inspect the garage and ceiling to ensure that it was in a safe and proper condition; in failing to repair the ce