Preview
FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NEW YORK
SUMMONS
-----------------------------------------------------------------------------------X,
ROSA PERALTA,
Plaintiff, Date of Purchase:
-against- Plaintiff designates
New York County as the
P & M CLASSIC PlZZA & RESTAURANT INC., AW HOLDING L.P., place of trial.
THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, and NEW YORK CITY DEPARTMENT OF PARKS The basis of venue isthe
AND RECREATION, Place of Occurrence
Defendants, The incident occurred in the
County of New York and
------------------------------------------------------------------------------------X
State of New York
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer, or, ifthe Complaint is not served with this Summons, to serve a Notice of
Appearance, on the Plaintiff's attorneys within 20 days after the service of this Summons,
exclusive of the day of service (or within 30 days after the service is complete, ifthis Summons
is not personally delivered to you within the State of Ifèw York); and in case of your failure to
appear or answer, judgment will be taken against yod by default for the relief demanded in the
Complaint. ,1
/
Dated: New York, New York Yo rs, e c.,
May 30, 2018
Enrique Guerrero, Esq.
GUERRERO & ROSENGARTEN
Attort eys for Plaintiff(s)
ROSA PERALTA
7th 7th
363 Avenue 7 Floor
New York, New York 10001
Telephone: (212) 533-2606
Defendants'
Addresses:
P & M CLASSIC PlZZA & RESTAURANT INC.
Attn: Legal Department
1747 Amsterdam Avenue
New York, New York 10031
AW HOLDING L.P.
Attn: Legal Department
1461Third Avenue, Second Floor
New York, New York 10028
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AW HOLDING L.P.
Attn: Legal Department
1220 Lexington Avenue, #2E
New York, New York 10028
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
NEW YORK CITY DEPARTMENT OF TRANSPORTATION
55 Water Street
New York, New York 10004
NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION
2 Broadway
New York, New York 10004
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------------------X
ROSA PERALTA,
Plaintiff, Index No.:
-against-
VERIFIED COMPLAINT
P & M CLASSIC PIZZA & RESTAURANT , INC., AW HOLDING L.P.,
THE CITY OF NEW YORK, THE CITY OF NEW YORK NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, and NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION ,
Defendants.
----------------------------------------------------------------------------------X
Plaintiff , ROSA PERALTA, by and through her attorneys, GUERRERO & ROSENGARTEN ,
as and for her Verified Complaint, upon information and belief, alleges the following:
1. At all times hereinafter mentioned, the Plaintiff , ROSA PERALTA, was and still is a
resident of Bronx County and the State of New York.
2. At all times hereinafter mentioned, Defendant, P & M CLASSIC PlZZA & RESTAURANT
INC's principal place of business is inthe County of New York and State of New York.
3. At alltimes hereinafter mentioned, the Defendant, P & M CLASSIC PlZZA & RESTAURANT
INC , was a domestic corporation duly licensed to do business under the laws of the State of
New York.
4. At alltimes hereinafter mentioned, the Defendant, P & M CLASSIC PlZZA & RESTAURANT
INC , was a foreign corporation duly licensed to do business under the laws of the State of New
York.
5. At alltimes hereinafter mentioned, the Defendant, P & M CLASSIC PIZZA & RESTAURANT
INC, was a partnership authorized to do business in the State of New York.
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6. At alltimes hereinafter mentioned, the Defendant, P & M CLASSIC PlZZA & RESTAURANT
INC, was a franchisee authorized to do business in the State of New York.
7. At alltimes hereinafter mentioned, the Defendant, P & M CLASSIC PlZZA & RESTAURANT
INC, transacted business within the State of New York; regularly did or solicited business within
the State of New York or engaged in other persistent courses, conduct and/or derived
substantial revenue from goods used or consumed or services rendered in the State of New
York and expected or should have reasonably expected its acts to have consequences within
the State of New York and/or derived substantial revenue from interstate or international
commerce.
8. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PlZZA & RESTAURANT INC, owned the premises with an address commonly known and
designated as 1747 Amsterdam Avenue, in the County of New York and State of New York.
9. That on March 2, 2017 and at all times hereinafter alleged, Defendant, P & M CLASSIC
PlZZA & RESTAURANT INC, was the lessee of the premises with an address commonly known
and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York.
10. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PIZZA & RESTAURANT INC, was the lessor of the premises with an address commonly known
and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York.
11. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PlZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or
employees, operated the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York.
12. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PIZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or
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employees, managed the premises with an address commonly known and designated as 1747
Amsterdam Avenue, in the County of New York and State of New York.
13. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PlZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or
employees, maintained the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York.
14. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PIZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or
employees, controlled the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York.
15. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PlZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or
employees, supervised the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York.
16. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PlZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or
employees, operated the sidewalk situated in front of and/or abutting the premises with an
address commonly known and designated as 1747 Amsterdam Avenue, in the County of New
York and State of New York.
17. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PlZZA 5 RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or
employees, managed the sidewalk situated in front of and/or abutting the premises with an
address commonly known and designated as 1747 Amsterdam Avenue, in the County of New
York and State of New York.
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18. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PIZZA & RESTAURANT INC, through itsshareholders, officers, directors, agents, servants and/or
employees, maintained the sidewalk situated in front of and/or abutting the premises with an
address commonly known and designated as 1747 Amsterdam Avenue, in the County of New
York and State of New York.
19. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC
PIZZA & RESTAURANT INC, through itsshareholders, officers, directors, agents, servants and/or
employees, controlled the sidewalk situated in front of and/or abutting the premises with an
address commonly known and designated as 1747 Amsterdam Avenue, in the County of New
York and State of New York.
20. That the Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, was at all times under a
duty to give the Plaintiff a reasonably safe passageway and a reasonably safe place to traverse
upon.
21. That at all times hereinafter mentioned, it was the responsibility of the Defendant,
P & M CLASSIC PlZZA & RESTAURANT INC, to maintain the public thoroughfare, sidewalk,
situated in front of and/or abutting the premises with an address commonly known and
'
designated as 1747 Amsterdam Avenue, in the County of New York and State of New York free
from dangerous and hazardous condition.
22. That at all times hereinafter mentioned, it was the duty of the Defendant,
P & M CLASSIC PlZZA & RESTAURANT INC, to properly maintain the public thoroughfare,
sidewalk situated in front of and/or abutting the premises with an address commonly known
and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York,
so that itwas in a proper and safe condition for those lawfully traversing thereat.
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23. That upon information and belief, the Defendant, P & M CLASSIC PIZZA 5 RESTAURANT
INC, had a non-delegable duty to properly maintain the public thoroughfare, situated in front of
and/or abutting the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York, in a reasonably
safe condition, free of dangers and hazards to those persons lawfully traversing the sidewalk
thereat, including the Plaintiff.
24. At all times hereinafter mentioned, Defendant, AW HOLDING L.P.'s principal place of
business is inthe County of New York and State of New York.
25. At all times hereinafter mentioned, the Defendant, AW HOLDING L.P., was a domestic
corporation duly licensed to do business under the laws of the State of New York.
26. At all times hereinafter mentioned, the Defendant, AW HOLDING L.P., was a foreign
corporation duly licensed to do business under the laws of the State of New York.
27. At alltimes hereinafter mentioned, the Defendant, AW HOLDING L.P., was a partnership
authorized to do business in the State of New York.
28. At all times hereinafter mentioned, the Defendant, AW HOLDING L.P., was a franchisee
authorized to do business in the State of New York.
29. At all times hereinafter mentioned, the Defendant, AW HOLDING L.P., transacted
business within the State of New York; regularly did or solicited business within the State of
New York or engaged in other persistent courses, conduct and/or derived substantial revenue
from goods used or consumed or services rendered in the State of New York and expected or
should have reasonably expected its acts to have consequences within the State of New York
and/or derived substantial revenue from interstate or international commerce.
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30. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., owned the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York.
31. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., was the lessee of the premises with an address commonly known and
designated as 1747 Amsterdam Avenue, in the County of New York and State of New York.
32. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., was the lessor of the premises with an address commonly known and
designated as 1747 Amsterdam Avenue, in the County of New York and State of New York.
33. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or
employees, operated the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York.
34. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or
employees, managed the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York.
35. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or
employees, maintained the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York.
36. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or
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employees, controlled the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York.
37. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or
employees, supervised the premises with an address commonly known and designated as
1747 Amsterdam Avenue, in the County of New York and State of New York.
38. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or
employees, operated the sidewalk situated in front of and/or abutting the premises with an
address commonly known and designated as 1747 Amsterdam Avenue, in the County of
New York and State of New York.
39. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or
employees, managed the sidewalk situated in front of and/or abutting the premises with an
address commonly known and designated as 1747 Amsterdam Avenue, in the County of
New York and State of New York.
40. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or
employees, maintained the sidewalk situated in front of and/or abutting the premises with an
address commonly known and designated as 1747 Amsterdam Avenue, in the County of
New York and State of New York.
41. That on March 2, 2017 and at all times hereinafter alleged, Defendant,
AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or
employees, controlled the sidewalk situated in front of and/or abutting the premises with an
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address commonly known and designated as 1747 Amsterdam Avenue, in the County of
New York and State of New York.
42. That the Defendant, AW HOLDING L.P.,was at all times under a duty to give the Plaintiff
a reasonably safe passageway and a reasonably safe place to traverse upon.
43. That at all times hereinafter mentioned, it was the responsibility of the Defendant,
AW HOLDING L.P.,to maintain the public thoroughfare, sidewalk, situated in front of and/or
abutting the premises with an address commonly known and designated as 1747 Amsterdam
Avenue, in the County of New York and State of New York free from dangerous and hazardous
condition.
44. That at all times hereinafter mentioned, itwas the duty of the Defendant, AW HOLDING
L.P., to properly maintain the public thoroughfare, sidewalk situated in front of and/or abutting
the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in
the County of New York and State of New York, so that itwas in a proper and safe condition for
those lawfully traversing thereat.
45. That upon information and belief, the Defendant, AW HOLDING L.P., had a
non-delegable duty to properly maintain the public thoroughfare, situated in front of and/or
abutting the premises with an address commonly known and designated as 1747 Amsterdam
Avenue, in the County of New York and State of New York, in a reasonably safe condition, free
of dangers and hazards to those persons lawfully traversing the sidewalk thereat, including the
Plaintiff.
46. That the Plaintiff has complied with all of the conditions precedent to the bringing of
this action, and has complied with allthe provisions of the General Municipal Law and the
Public Authorities Law in relation thereto and, in particular, has presented a claim hereinafter
mentioned to the Defendants, THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF
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TRANSPORTATION and NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION for
adjustment, and more than thirty (30) days have elapsed since the presentation of said Notice
of Claim on or about May 31, 2017 and said claim remains unadjusted, and said Defendants
have failed and refused to make any adjustment of the same, and a pre-suit hearing was
conducted on August 28, 2017. This action is brought within one year and ninety days of the
date that the claim arose or within the time allowed by law.
47. At all times hereinafter mentioned, Defendant, THE CITY OF NEW YORK, was and stillis
municipal corporation existing under the laws of the State of New York.
48. That on March 2, 2017 and at all times hereinafter alleged the public thoroughfare,
146th
sidewalk and/or curb located on the eastern side of Amsterdam Avenue between West
147th
Street and West Street, adjacent and/or abutting the premises with an address known
and designated as 1747 Amsterdam Avenue, existed in the County of New York and State of
New York.
49. That on March 2, 2017 and at all times hereinafter alleged, the public thoroughfare,
146th
sidewalk and/or curb located on the eastern side of Amsterdam Avenue between West
147th
Street and West Street adjacent and/or abutting the premises with an address known and
designated as 1747 Amsterdam Avenue in the County of New York and State of New York was
owned by Defendant, THE CITY OF NEW YORK.
50. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK,
through its officers, directors, agents, servants and/or employees, operated the public
thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between
146th 147th
West Street and West Street, adjacent and/or abutting the premises with an
address known and designated as 1747 Amsterdam Avenue in the County of New York and
State of New York.
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51. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK,
through its officers, directors, agents, servants and/or employees, managed the public
thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between
146th 147th
West Street and West Street, adjacent and/or abutting the premises with an
address known and designated as 1747 Amsterdam Avenue in the County of New York and
State of New York.
52. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK,
through its officers, directors, agents, servants and/or employees, maintained the public
thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between
146th 147th
West Street and West Street, adjacent and/or abutting the premises with an
address known and designated as 1747 Amsterdam Avenue in the County of New York and
State of New York.
53. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK,
through its officers, directors, agents, servants and/or employees, controlled the public
thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between
146th 147th
West 146 Street and West Street, adjacent and/or abutting the premises with an
address known and designated as 1747 Amsterdam Avenue in the County of New York and
State of New York.
54. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK,
through its officers, directors, agents, servants and/or employees, supervised the public
thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between
146th 147th
West Street and West Street, adjacent and/or abutting the premises with an
address known and designated as 1747 Amsterdam Avenue in the County of New York and
State of New York.
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55. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK,
through its officers, directors, agents, servants and/or employees, repaired the public
thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between
146th 147th
West Street and West Street, adjacent and/or abutting the premises with an
address known and designated as 1747 Amsterdam Avenue in the County of New York and
State of New York.
56. That the Defendant, THE CITY OF NEW YORK, was at alltimes under a duty to give the
Plaintiff a reasonably safe passageway and a reasonably safe place to traverse upon.
57. That at all times hereinafter mentioned, itwas the responsibility of the Defendant,
THE CITY OF NEW YORK, to maintain the public thoroughfare, sidewalk and/or curb, located on
146th 147th
the eastern side of Amsterdam Avenue between West Street and West Street,
adjacent and/or abutting the premises with an address known and designated as 1747
Amsterdam Avenue in the County of New York and State of New York, free from dangerous and
hazardous condition.
58. That at all times hereinafter mentioned, it was the duty of the Defendant,
THE CITY OF NEW YORK, to properly maintain the public thoroughfare, sidewalk and/or curb,
146th 147th
located on the eastern side of Amsterdam Avenue between West Street and West
Street, adjacent and/or abutting the premises with an address known and designated as 1747
Amsterdam Avenue in the County of New York and State of New York, so that itwas in a proper
and safe condition for those lawfully traversing thereat.
59. That upon information and belief, the Defendant, THE CITY OF NEW YORK, had a
non-delegable duty to properly maintain the public thoroughfare, sidewalk and/or public
thoroughfare, sidewalk and/or curb, located on the eastern side of Amsterdam Avenue
146' 147'
between West Street and West Street, adjacent and/or abutting the premises with
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an address known and designated as 1747 Amsterdam Avenue in the County of New York and
State of New York in a reasonably safe condition, free of dangers and hazards to those persons
lawfully traversing the sidewalk thereat, including the Plaintiff.
60. At all times hereinafter mentioned, Defendant, NEW YORK CITY DEPARTMENT OF
TRANSPORTATION was and stillis municipal corporation existing under the laws of the State of
New York.
61. That on March 2, 2017 and at alltimes hereinafter alleged, the public thoroughfare,
146th
sidewalk and/or curb located on the eastern side of Amsterdam Avenue between West
147th
Street and West Street, adjacent and/or abutting the premises with an address known
and designated as 1747 Amsterdam Avenue in the County of New York and State of New York
was owned by Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION.
62. That on March 2, 2017, and hereinafter alleged, Defendant, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, through its officers, directors, agents, servants and/or
employees, operated the public thoroughfare, sidewalk and/or curb located on the eastern side
146th 147th
of Amsterdam Avenue between West Street and West Street, adjacent and/or
abutting the premises with an address known and designated as 1747 Amsterdam Avenue in
the County of New York and State of New York.
63. That on March 2, 2017, and hereinafter alleged, Defendant, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, through its officers, directors, agents, servants and/or
employees, managed the public thoroughfare, sidewalk and/or curb located on the eastern side
146th 147th
of Amsterdam Avenue between West 146 Street and West Street, adjacent and/or
abutting the premises with an address known and designated as 1747 Amsterdam Avenue in
the County of New York and State of New York.
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64. That on March 2, 2017, and hereinafter alleged, Defendant, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, through its officers, directors, agents, servants and/or
employees, maintained the public thoroughfare, sidewalk and/or curb located on the eastern
146th 147th
side of Amsterdam Avenue between West 146 Street and West 147 Street, adjacent and/or
abutting the premises with an address known and designated as 1747 Amsterdam Avenue in
theCounty of New York and State of New York.
65. That on March 2, 2017, and hereinafter alleged, Defendant, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, through its officers, directors, agents, servants and/or
employees, controlled the public thoroughfare, sidewalk and/or curb located on the eastern
146th 147th
side of Amsterdam Avenue between West Street and West Street, adjacent and/or
abutting the premises with an address known and designated as 1747 Amsterdam Avenue in
the County of New York and State of New York.
66. That on March 2, 2017, and hereinafter alleged, Defendant, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, through its officers, directors, agents, servants and/or
employees, supervised the public thoroughfare, sidewalk and/or curb located on the eastern
146th 147th
side of Amsterdam Avenue between West Street and West Street, adjacent and/or
abutting the premises with an address known and designated as 1747 Amsterdam Avenue in
the County of New York and
Preview
FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NEW YORK SUMMONS -----------------------------------------------------------------------------------X, ROSA PERALTA, Plaintiff, Date of Purchase: -against- Plaintiff designates New York County as the P & M CLASSIC PlZZA & RESTAURANT INC., AW HOLDING L.P., place of trial. THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, and NEW YORK CITY DEPARTMENT OF PARKS The basis of venue isthe AND RECREATION, Place of Occurrence Defendants, The incident occurred in the County of New York and ------------------------------------------------------------------------------------X State of New York To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer, or, ifthe Complaint is not served with this Summons, to serve a Notice of Appearance, on the Plaintiff's attorneys within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete, ifthis Summons is not personally delivered to you within the State of Ifèw York); and in case of your failure to appear or answer, judgment will be taken against yod by default for the relief demanded in the Complaint. ,1 / Dated: New York, New York Yo rs, e c., May 30, 2018 Enrique Guerrero, Esq. GUERRERO & ROSENGARTEN Attort eys for Plaintiff(s) ROSA PERALTA 7th 7th 363 Avenue 7 Floor New York, New York 10001 Telephone: (212) 533-2606 Defendants' Addresses: P & M CLASSIC PlZZA & RESTAURANT INC. Attn: Legal Department 1747 Amsterdam Avenue New York, New York 10031 AW HOLDING L.P. Attn: Legal Department 1461Third Avenue, Second Floor New York, New York 10028 1 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 AW HOLDING L.P. Attn: Legal Department 1220 Lexington Avenue, #2E New York, New York 10028 THE CITY OF NEW YORK 100 Church Street New York, New York 10007 NEW YORK CITY DEPARTMENT OF TRANSPORTATION 55 Water Street New York, New York 10004 NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION 2 Broadway New York, New York 10004 2 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------------X ROSA PERALTA, Plaintiff, Index No.: -against- VERIFIED COMPLAINT P & M CLASSIC PIZZA & RESTAURANT , INC., AW HOLDING L.P., THE CITY OF NEW YORK, THE CITY OF NEW YORK NEW YORK CITY DEPARTMENT OF TRANSPORTATION, and NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION , Defendants. ----------------------------------------------------------------------------------X Plaintiff , ROSA PERALTA, by and through her attorneys, GUERRERO & ROSENGARTEN , as and for her Verified Complaint, upon information and belief, alleges the following: 1. At all times hereinafter mentioned, the Plaintiff , ROSA PERALTA, was and still is a resident of Bronx County and the State of New York. 2. At all times hereinafter mentioned, Defendant, P & M CLASSIC PlZZA & RESTAURANT INC's principal place of business is inthe County of New York and State of New York. 3. At alltimes hereinafter mentioned, the Defendant, P & M CLASSIC PlZZA & RESTAURANT INC , was a domestic corporation duly licensed to do business under the laws of the State of New York. 4. At alltimes hereinafter mentioned, the Defendant, P & M CLASSIC PlZZA & RESTAURANT INC , was a foreign corporation duly licensed to do business under the laws of the State of New York. 5. At alltimes hereinafter mentioned, the Defendant, P & M CLASSIC PIZZA & RESTAURANT INC, was a partnership authorized to do business in the State of New York. 3 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 6. At alltimes hereinafter mentioned, the Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, was a franchisee authorized to do business in the State of New York. 7. At alltimes hereinafter mentioned, the Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, transacted business within the State of New York; regularly did or solicited business within the State of New York or engaged in other persistent courses, conduct and/or derived substantial revenue from goods used or consumed or services rendered in the State of New York and expected or should have reasonably expected its acts to have consequences within the State of New York and/or derived substantial revenue from interstate or international commerce. 8. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, owned the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 9. That on March 2, 2017 and at all times hereinafter alleged, Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, was the lessee of the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 10. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PIZZA & RESTAURANT INC, was the lessor of the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 11. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or employees, operated the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 12. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PIZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or 4 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 employees, managed the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 13. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or employees, maintained the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 14. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PIZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or employees, controlled the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 15. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or employees, supervised the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 16. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or employees, operated the sidewalk situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 17. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PlZZA 5 RESTAURANT INC, through its shareholders, officers, directors, agents, servants and/or employees, managed the sidewalk situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 5 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 18. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PIZZA & RESTAURANT INC, through itsshareholders, officers, directors, agents, servants and/or employees, maintained the sidewalk situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 19. That on March 2, 2017 and at alltimes hereinafter alleged, Defendant, P & M CLASSIC PIZZA & RESTAURANT INC, through itsshareholders, officers, directors, agents, servants and/or employees, controlled the sidewalk situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 20. That the Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, was at all times under a duty to give the Plaintiff a reasonably safe passageway and a reasonably safe place to traverse upon. 21. That at all times hereinafter mentioned, it was the responsibility of the Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, to maintain the public thoroughfare, sidewalk, situated in front of and/or abutting the premises with an address commonly known and ' designated as 1747 Amsterdam Avenue, in the County of New York and State of New York free from dangerous and hazardous condition. 22. That at all times hereinafter mentioned, it was the duty of the Defendant, P & M CLASSIC PlZZA & RESTAURANT INC, to properly maintain the public thoroughfare, sidewalk situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York, so that itwas in a proper and safe condition for those lawfully traversing thereat. 6 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 23. That upon information and belief, the Defendant, P & M CLASSIC PIZZA 5 RESTAURANT INC, had a non-delegable duty to properly maintain the public thoroughfare, situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York, in a reasonably safe condition, free of dangers and hazards to those persons lawfully traversing the sidewalk thereat, including the Plaintiff. 24. At all times hereinafter mentioned, Defendant, AW HOLDING L.P.'s principal place of business is inthe County of New York and State of New York. 25. At all times hereinafter mentioned, the Defendant, AW HOLDING L.P., was a domestic corporation duly licensed to do business under the laws of the State of New York. 26. At all times hereinafter mentioned, the Defendant, AW HOLDING L.P., was a foreign corporation duly licensed to do business under the laws of the State of New York. 27. At alltimes hereinafter mentioned, the Defendant, AW HOLDING L.P., was a partnership authorized to do business in the State of New York. 28. At all times hereinafter mentioned, the Defendant, AW HOLDING L.P., was a franchisee authorized to do business in the State of New York. 29. At all times hereinafter mentioned, the Defendant, AW HOLDING L.P., transacted business within the State of New York; regularly did or solicited business within the State of New York or engaged in other persistent courses, conduct and/or derived substantial revenue from goods used or consumed or services rendered in the State of New York and expected or should have reasonably expected its acts to have consequences within the State of New York and/or derived substantial revenue from interstate or international commerce. 7 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 30. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., owned the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 31. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., was the lessee of the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 32. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., was the lessor of the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 33. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or employees, operated the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 34. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or employees, managed the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 35. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or employees, maintained the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 36. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or 8 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 employees, controlled the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 37. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or employees, supervised the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 38. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or employees, operated the sidewalk situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 39. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or employees, managed the sidewalk situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 40. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or employees, maintained the sidewalk situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 41. That on March 2, 2017 and at all times hereinafter alleged, Defendant, AW HOLDING L.P., through its shareholders, officers, directors, agents, servants and/or employees, controlled the sidewalk situated in front of and/or abutting the premises with an 9 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York. 42. That the Defendant, AW HOLDING L.P.,was at all times under a duty to give the Plaintiff a reasonably safe passageway and a reasonably safe place to traverse upon. 43. That at all times hereinafter mentioned, it was the responsibility of the Defendant, AW HOLDING L.P.,to maintain the public thoroughfare, sidewalk, situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York free from dangerous and hazardous condition. 44. That at all times hereinafter mentioned, itwas the duty of the Defendant, AW HOLDING L.P., to properly maintain the public thoroughfare, sidewalk situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York, so that itwas in a proper and safe condition for those lawfully traversing thereat. 45. That upon information and belief, the Defendant, AW HOLDING L.P., had a non-delegable duty to properly maintain the public thoroughfare, situated in front of and/or abutting the premises with an address commonly known and designated as 1747 Amsterdam Avenue, in the County of New York and State of New York, in a reasonably safe condition, free of dangers and hazards to those persons lawfully traversing the sidewalk thereat, including the Plaintiff. 46. That the Plaintiff has complied with all of the conditions precedent to the bringing of this action, and has complied with allthe provisions of the General Municipal Law and the Public Authorities Law in relation thereto and, in particular, has presented a claim hereinafter mentioned to the Defendants, THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF 10 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 TRANSPORTATION and NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION for adjustment, and more than thirty (30) days have elapsed since the presentation of said Notice of Claim on or about May 31, 2017 and said claim remains unadjusted, and said Defendants have failed and refused to make any adjustment of the same, and a pre-suit hearing was conducted on August 28, 2017. This action is brought within one year and ninety days of the date that the claim arose or within the time allowed by law. 47. At all times hereinafter mentioned, Defendant, THE CITY OF NEW YORK, was and stillis municipal corporation existing under the laws of the State of New York. 48. That on March 2, 2017 and at all times hereinafter alleged the public thoroughfare, 146th sidewalk and/or curb located on the eastern side of Amsterdam Avenue between West 147th Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue, existed in the County of New York and State of New York. 49. That on March 2, 2017 and at all times hereinafter alleged, the public thoroughfare, 146th sidewalk and/or curb located on the eastern side of Amsterdam Avenue between West 147th Street and West Street adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York was owned by Defendant, THE CITY OF NEW YORK. 50. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK, through its officers, directors, agents, servants and/or employees, operated the public thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between 146th 147th West Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York. 11 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 51. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK, through its officers, directors, agents, servants and/or employees, managed the public thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between 146th 147th West Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York. 52. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK, through its officers, directors, agents, servants and/or employees, maintained the public thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between 146th 147th West Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York. 53. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK, through its officers, directors, agents, servants and/or employees, controlled the public thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between 146th 147th West 146 Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York. 54. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK, through its officers, directors, agents, servants and/or employees, supervised the public thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between 146th 147th West Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York. 12 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 55. That on March 2, 2017, and hereinafter alleged, Defendant, THE CITY OF NEW YORK, through its officers, directors, agents, servants and/or employees, repaired the public thoroughfare, sidewalk and/or curb located on the eastern side of Amsterdam Avenue between 146th 147th West Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York. 56. That the Defendant, THE CITY OF NEW YORK, was at alltimes under a duty to give the Plaintiff a reasonably safe passageway and a reasonably safe place to traverse upon. 57. That at all times hereinafter mentioned, itwas the responsibility of the Defendant, THE CITY OF NEW YORK, to maintain the public thoroughfare, sidewalk and/or curb, located on 146th 147th the eastern side of Amsterdam Avenue between West Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York, free from dangerous and hazardous condition. 58. That at all times hereinafter mentioned, it was the duty of the Defendant, THE CITY OF NEW YORK, to properly maintain the public thoroughfare, sidewalk and/or curb, 146th 147th located on the eastern side of Amsterdam Avenue between West Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York, so that itwas in a proper and safe condition for those lawfully traversing thereat. 59. That upon information and belief, the Defendant, THE CITY OF NEW YORK, had a non-delegable duty to properly maintain the public thoroughfare, sidewalk and/or public thoroughfare, sidewalk and/or curb, located on the eastern side of Amsterdam Avenue 146' 147' between West Street and West Street, adjacent and/or abutting the premises with 13 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York in a reasonably safe condition, free of dangers and hazards to those persons lawfully traversing the sidewalk thereat, including the Plaintiff. 60. At all times hereinafter mentioned, Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION was and stillis municipal corporation existing under the laws of the State of New York. 61. That on March 2, 2017 and at alltimes hereinafter alleged, the public thoroughfare, 146th sidewalk and/or curb located on the eastern side of Amsterdam Avenue between West 147th Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York was owned by Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION. 62. That on March 2, 2017, and hereinafter alleged, Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, through its officers, directors, agents, servants and/or employees, operated the public thoroughfare, sidewalk and/or curb located on the eastern side 146th 147th of Amsterdam Avenue between West Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York. 63. That on March 2, 2017, and hereinafter alleged, Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, through its officers, directors, agents, servants and/or employees, managed the public thoroughfare, sidewalk and/or curb located on the eastern side 146th 147th of Amsterdam Avenue between West 146 Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York. 14 of 24 FILED: NEW YORK COUNTY CLERK 05/30/2018 09:14 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018 64. That on March 2, 2017, and hereinafter alleged, Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, through its officers, directors, agents, servants and/or employees, maintained the public thoroughfare, sidewalk and/or curb located on the eastern 146th 147th side of Amsterdam Avenue between West 146 Street and West 147 Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in theCounty of New York and State of New York. 65. That on March 2, 2017, and hereinafter alleged, Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, through its officers, directors, agents, servants and/or employees, controlled the public thoroughfare, sidewalk and/or curb located on the eastern 146th 147th side of Amsterdam Avenue between West Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and State of New York. 66. That on March 2, 2017, and hereinafter alleged, Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, through its officers, directors, agents, servants and/or employees, supervised the public thoroughfare, sidewalk and/or curb located on the eastern 146th 147th side of Amsterdam Avenue between West Street and West Street, adjacent and/or abutting the premises with an address known and designated as 1747 Amsterdam Avenue in the County of New York and