FILED: BRONX COUNTY CLERK 12/21/ :39 PM INDEX NO /2015E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2015

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1 FILED: BRONX COUNTY CLERK 12/21/ :39 PM INDEX NO /2015E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX EMMA VAIRO, -against- Plaintiff, THE CITY OF NEW YORK, and the NEW YORK CITY DEPARTMENT OF TRANSPORTATION, JOHN DOE 1 and JOHN DOE 2 agents of SUMMONS Index No. Plaintiff designates Bronx County as Place of trial The basis of venue is Plaintiff s residence Defendants. 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, if the complaint is not served with this summons to serve a notice of appearance on Plaintiff s attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if the summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York December17, 2014 CHARLES R. SABEL, ESQ. Attorneys for Plaintiff 444 Madison Avenue, 18 th Floor New York, New York (212) TO DEFENDANTS: City of New York and NYC Department of Transportation c/o Corporation Counsel of the City of New York 100 Church Street New York, NY 10007

2 CONSOLIDATED EDISON CO. OF NY 4 Irving Place New York, NY JOHN DOE 1 JOHN DOE 2

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX EMMA VAIRO, -against- Plaintiff, Index No. COMPLAINT THE CITY OF NEW YORK, and the NEW YORK CITY DEPARTMENT OF TRANSPORTATION, JOHN DOE 1 and JOHN DOE 2 agents of Defendants. Plaintiff, EMMA VAIRO, by her attorney, Charles R. Sabel, Esq., as and for her complaint, alleges as follows: 1. At all times herein Plaintiff was and still is a resident of the City and State of New York, County of Bronx. 2. At all times herein Defendant, the City of New York, as and still is a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York, and the Department of Transportation is a department of said City. 3. At all times herein defendant (hereinafter referred to as "Con Ed"), was and still is a corporation duly organized and existing under and by virtue of the laws of the State of New York, maintaining its principal place of business at 4 Irving Place, New York, NY. 4. Upon information and belief, at all times herein defendants John Doe 1 and 2 were and still are corporations duly organized and existing under and by virtue of the laws of the State of New York, or were and still are foreign corporations, or partnerships, or sole proprietorships, and

4 maintain their principal places of business in the State of New York and were doing and/or soliciting business in the State of New York. 5. Upon information and belief, at all times herein mentioned defendants John Doe 1 and John Doe 2 derived substantial revenue from doing business in the State of New York. 6. Notice of Plaintiff's intention to sue, setting forth the time when, the place where and the manner in which the hereinafter described injuries were sustained was duly served by the Plaintiffs upon defendant City of New York. More than thirty (30) days have elapsed since the presentation of said claim as aforesaid and this matter has not been adjusted. A hearing pursuant to section 50H of the General Municipal Law was held December 16, Defendants had prior knowledge and written notice of the condition and the NYC Department of Transportation and/or Con Ed had inspected and/or scheduled repairs at and made repairs at the condition complained of below prior to the date of Plaintiff s accident. 8. This action is being commenced within one year and ninety (90) days from the date said cause of action accrued. 9. On or about June 30, 2015, and on dates certain prior thereto, Defendants were the owners and/or parties responsible for the maintenance and repair of a certain sidewalk in front of the premises known as 2884 St. Theresa Avenue and 2882 St. Theresa Avenue, including the area at or within a foot of the property line between the two properties, located in the County of Bronx, City and State of New York. Pictures of the location and the defect thereat are annexed hereto. Exhibit A shows the front of the properties. The defect is circled. Exhibit B was taken from down the street from the property and shows the direction Claimant was walking at the time of the accident. Exhibit C was taken from the opposite direction from which the Claimant was walking at the time of the accident. Exhibit D is the defect.

5 10. On or about June 30, 2015, Defendants maintained and controlled and were responsible for the condition of the aforesaid sidewalk. Prior thereto, they had performed work and repairs, and/or inspections thereat. 11. On or about June 30, 2015, at approximately 11:00 am, plaintiff EMMA VAIRO was lawfully on the said sidewalk. 12. At or about the aforesaid time and place, plaintiff EMMA VAIRO was caused to trip, fall and be violently precipitated to the ground thereat due to a dangerous, hazardous, defective, unsafe and unfit condition, to wit: a broken, raised, depressed, irregular, cracked and holed section of pavement in the sidewalk. 13. The aforesaid incident and resulting injuries sustained by the Plaintiff EMMA VAIRO were caused or precipitated by the negligent, reckless and callous conduct of the Defendants herein, their agents, servants, and/or employees and through no fault of her own. 14. Plaintiff EMMA VAIRO was seriously injured, which injuries included, among other things, fractures to her right knee, left wrist, hand and arm, and damage to the muscles, ligaments, tendons, nerves, blood vessels and soft tissue surrounding the affected areas and causing injuries and damage thereto, as well as mental anguish and emotional distress. 15. By reason of the aforesaid, Plaintiff EMMA VAIRO has been damaged in the sum of Three Hundred Fifty Thousand ($350,000.00) dollars. WHEREFORE, Plaintiffs demand judgment in favor of plaintiff EMMA VAIRO and against defendants THE CITY OF NEW YORK, the NEW YORK CITY DEPARTMENT OF TRANSPORTATION and JOHN DOE 1 and JOHN DOE 2 contractors of CONSOLIDATED EDISON CO. OF NY jointly and severally in the amount of $350,000.00, the costs and disbursements of these actions, and for such other and

6 further relief as the Court may deem just and proper. Dated: New York, New York December 17, 2015 Charles R. Sabel Charles R. Sabel, Esq. Attorney for Plaintiff 444 Madison Avenue,18th Floor New York, New York (212) Charles R. Sabel, Esq., hereby certifies that, pursuant to 22 NYCRR sec a, that the attached documents are not frivolous nor frivolously presented, Dated: December 17, 2015 Charles R. Sabel, Esq.