FILED: NEW YORK COUNTY CLERK 05/21/2014 INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2014

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1 FILED: NEW YORK COUNTY CLERK 05/21/2014 INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x GABRIELLE DONAGHY, as Administratrix of the Goods, Chattels and Credits, which were of MARGARET DONAGHY, and GEORGE DONAGHY, -against- Plaintiffs, SILPAR REALTY INC. and JOHN PAVON, Defendants x Index No.: Date original Summons & Complaint was filed with the Clerk: Plaintiffs designate New York County as the place of trial The basis of venue is PlaintifF GEORGE DONAGHY's Residence; Decedent's residence and Defendant SILPAR REALTY INC.'s principal place of business SUMMONS Plaintiff GEORGE DONAGHY resides at: 152 Dyckman Street New York, New York Plaintiff GABRIELLE DONAGHY resides at: 107 Van Cortlandt Park Ave. Yonkers, 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, if the 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 if this 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: Roslyn, New York May 9, 2014 Yours, etc., IRA M. PERLMAN, ESQ. and ROBERT D. ROSEN, ESQ. Attorneys for Plaintiffs 55 Bryant Avenue -Penthouse Suite Roslyn, New York (516)

2 Defendants' addresses: SILPAR REALTY INC. 152 Dyckman Street New York, New York ]OHN PAVON 152 Dyckman Street New York, New York 10040

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x GABRIELLE DONAGHY, as Administratrix of the Goods, Chattels and Credits which were of MARGARET DONAGHY, and GEORGE DONAGHY, Index No. Plaintiffs, -against- SILPAR REALLY INC. and JOHN PAVON, VERIFIED COMPLAINT Defendants x Plaintiffs, by and through their attorneys, IRA M. PERLMAN, ESQ. and ROBERT D. ROSEN, ESQ., complaining of the Defendants herein, as and for a Verified Complaint in the above-entitled action, respectfully show to this Court, and allege, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF GABRIELLE DONAGHY, AS ADMINISTRATRIX OF THE ESTATE OF MARGARET DONAGHY 1. That heretofore and on the 20th day of May, 2013, the Decedent MARGARET DONAGHY was a resident of the County, City and State of New York, died intestate, and thereafter, Letters of Administration, limited to the prosecution of the within action, were duly issued and granted to the Plaintiff GABRIELLE DONAGHY by the Surrogate of New York County; the Plaintiff GABRIELLE DONAGHY duly qualified thereunder. 2. That on or about the 20th day of May, 2013, the above-named Decedent, MARGARET DONAGHY, died intestate in the County, City and State of New York and left surviving as distributees her daughter Plaintiff GABRIELLE DONAGHY, her surviving son, GEORGE DONAGHY and her daughter FELICIA DONAGHY.

4 3. That at all times hereinafter mentioned, the aforesaid distributees suffered pecuniary injuries and/or losses as defined and interpreted under the Estates, Powers and Trusts Law of the State of New York. 4. That at all times hereinafter mentioned, Defendant SILPAR REALTY INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 5. That at all times hereinafter mentioned, Defendant SILPAR REALTY INC. was a foreign corporation, duly licensed and/or authorized to do business in the State of New Yorke 6. That at ail times hereinafter mentioned, defendant ~I~~Ai~ ~~AL~ INS. owned the premises known and designated as 152 Dyckman Street in the County, City and State of New York. 7. That at all times hereinafter mentioned, Defendant ]OHN PAVON was the managing agent of the premises known and designated as 152 Dyckman Street in the County, City and State of New York. 8. That at all times hereinafter mentioned, Defendant SILPAR REALTY INC., its agents, servants and/or employees maintained the aforesaid premises known and designated as 9. That at all times hereinafter mentioned, Defendant JOHN PAVON, his agents, servants and/or employees maintained the aforesaid premises known and designated as 10e That at all times hereinafter mentioned, Defendant SILPAR REALTY INC., its agents, servants and/or employees managed the aforesaid premises known and designated as

5 il. That at all times hereinafter mentioned, Defendant JOHN PAVON, his agents, servants and/or employees managed the aforesaid premises known and designated as 12. That at all times hereinafter mentioned, Defendant SILPAR REALTY INC., its agents, servants and/or employees controlled the aforesaid premises known and designated as 13. That at all times hereinafter mentioned, Defendant JOHN PAVON, his agents, servants and/or employees controlled the aforesaid premises known and designated as 14. That at all times hereinafter mentioned, Defendant SILPAR REALTY INC., its agents, servants and/or employees operated the aforesaid premises known and designated as 15. That at all times hereinafter mentioned, Defendant JOHN PAVON, his agents, servants and/or employees operated the aforesaid premises known and designated as 16. That at all times hereinafter mentioned, and more particularly on the 11th day of May, 2013, the aforesaid premises known and designated as 152 Dyckman Street in the County, City and State of New York, had three or more families living independently of each other and as such, said building constitutes a multiple dwelling within the scope or purview of the multiple dwelling law of the State of New York. 17. That at all times hereinafter mentioned, Defendant SILPAR REALTY INC., its agents, servants and/or employees maintained and/or repaired the various operating, electrical, plumbing, heating and other installations and systems including all attachments, mechanisms, equipment and/or appurtenances relating thereto inside the aforesaid premises known and designated as 3

6 18. That at all times hereinafter mentioned, Defendant JOHN PAVON, his agents, servants and/or employees maintained and/or repaired the various operating, electrical, plumbing, heating and other installations and systems including all attachments, mechanisms, equipment and/or appurtenances relating thereto inside the aforesaid premises known and designated as 19. That at all times hereinafter mentioned, it was the duty of Defendant SILPAR REALTY INC., its agents, servants and/or employees to maintain and keep the aforesaid premises in a safe and proper condition which was necessary for the proper protection and safety of all tenants and any other lawful persons inside the aforesaid premises. 20. That at all times hereinafter mentioned, it was the duty of Defendant JOHN PAVON, his agents, servants and/or employees to maintain and keep the aforesaid premises in a safe and proper condition which was necessary for the proper protection and safety of all tenants and any other lawful persons inside the aforesaid premises, 21. That prior to the 11th day of May, 2013 Defendant SILPAR REALTY YNC. entered into an agreement with Decedent MARGARET DONAGHY and Plaintiff GEORGE DONAGHY, respectively, for the purpose of leasing an apartment designated as 3C within the premises known and designated as 152 Dyckman Street in the County, City and State of New York, 22. That on or about the 11th day of May, 2013, the respective Plaintiffs were lawful tenants residing in the aforesaid apartment 3C of the premises known and designated as 152 Dyckman Street in the County, City and State of New York. 23. That or about the 11th day of May, 2013, Plaintiff's Decedent MARGARET DONAGHY was lawfully present in apartment 3C of the aforesaid premises known and designated at 4

7 24. That on or about the 11th day of May, 2013 while PlaintifF's Decedent MARGARET DONAGFlY was lawfully present within apartment 3C of the aforementioned premises at approximately 6:20 P.M. o'clock of said day, there began a fire within the aforesaid apartment 3C of the aforesaid premises known and designated at 152 Dyckman Street in the County, City and State of New York. 25. That at the aforementioned time and location, while Plaintiff's Decedent MARGARET DONAGHY was lawfully present within apartment 3C of the aforementioned premises at approximately 6:20 P.M. o'clock of said day, there began a fire within the aforesaid apartment 3C of the aforesaid premises known and designated at 152 Dyckman Street in the County, City and State of New York causing Decedent MARGARET DONAGHY to sustain severe, massive and grievous personal injuries, which resulted in her death on or about the 2p`h day of May, That the foregoing incident and resulting personal injuries and death of the Decedent MARGARET DONAGHY were caused solely by reason of the negligence, carelessness and recklessness of the respective Defendants herein and/or their agents, servants and/or employees in the ownership, operation, management, maintenance and/or control of the aforesaid premises without any negligence on the part of the Decedent MARGARET DONAGHY contributing thereto. loquitor. 27. That the respective Defendants are liable to Plaintiff under the doctrine of res ipsa 28. That this action falls within one or more of the exceptions as enumerated in X1602 of the Civil Practice Law and Rules of the State of New York. 29. That by reason of the foregoing, Plaintiff GABRIELLE DONAGHY, as Administratrix of the Estate of MARGARET DONAGHY has been damaged in an amount in excess of the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, said amount to be determined upon the trial of this action. 5

8 AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF GABRIELLE DONAGHY AS ADMINISTRATRIX OF THE ESTATE OF MARGARET DONAGHY, DECEASED 30. Plaintiff repeats, reiterates and realleges each and every allegation as set forth in Paragraphs "1" through "28", of the First Cause of Action, inclusive of this Verified Complaint, with the same force and effect as if more fully set forth at length herein. 31. That the Decedent MARGARET DONAGHY, prior to her death, sustained and suffered great, severe and permanent injuries by reason of the negligence, carelessness and recklessness of the respective Defendants as aforesaid, and was rendered sick, sore, lame and disabled and was caused to sustain severe and permanent injuries to her body and limbs and was caused to and did sustain great permanent, physical and mental conscious pain, suffering, severe and serious nervous and mental pain and bodily shock. 32. That by reason of the foregoing, Plaintiff has been severely and permanently damaged and, accordingly, seeks appropriate recompense for the conscious pain, suffering and anguish of PlaintifF's intestate prior to her death. 33. That by reason of the foregoing, PlaintifF GABRIELLE DONAGHY, as Administratrix of the Estate of MARGARET DONAGHY has been damaged in an amount in excess of the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, said amount to be determined upon the trial of this action. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF GEORGE DONAGHY AND GABRIELLE DONAGHY AS ADMINISTRATRIX OF THE ESTATE OF MARGARET DONAGHY 34. Plaintiffs, GEORGE DONAGHY and GABRIELLE DONAGHY as Administratrix of the Estate of MARGARET DONAGHY repeat, reiterate and reallege each and every allegation as set forth in Paragraphs `~1" through '~28", of the First Cause of Action, and Paragraphs ~~30" D

9 through '~32" of the Second Cause of Action, inclusive of this Verified Complaint, with the same force and effect as if more fully set forth at length herein. 35. That Plaintiff GEORGE DONAGHY and Plaintiff's Decedent MARGARET DONAGHY, respectively, owned certain and various personal property which was located within apartment 3C of the aforesaid premises known and designated as 152 Dyckman Street in the County, City and State of New York. 36. That as a result of the negligence, recklessness and carelessness on the part of the respective Defendants, their agents, servants and/or employees without any negligence on the part of the respective Plaintiffs contributing thereto, Plaintiffs lost various and certain personal property and/or chattels which were destroyed by the aforesaid conflagration. 37. That by reason of the foregoing, respective Plaintiffs have sustained damages in an amount in excess of the monetary jurisdictional limits of any and all lower Courts which would otherwise have jurisdiction herein, said amount to be determined upon the trial of this action. WHEREFORE, Plaintiff GABRIELLE DONAGHY, as Administratrix of the Estate of MARGARET DOIVAGHY, Deceased, demands judgment against respective Defendants in the First Cause of Action in an amount in excess of the monetary jurisdictional limits of any and all lower Courts which would otherwise have jurisdiction herein, said amount to be determined upon the trial of this action; Plaintiff GABRIELLE DONAGHY, as Administratrix of the Estate of MARGARET DONAGHY, Deceased, demands judgment against respective Defendants in the Second Cause of Action in an amount in excess of the monetary jurisdictional limits of any and ali lower Courts which would otherwise have jurisdiction herein, said amount to be determined upon the trial of this action; and Plaintiffs GEORGE DONAGHY and GABRIELLE DONAGHY, as Administratrix of the Estate of MARGARET DONAGHY, Deceased, demands judgment against respective Defendants in the Third Cause of Action in an amount in excess of the 7

10 monetary jurisdictional limits of any and all lower Courts which would otherwise have jurisdiction herein, said amount to be determined upon the trial of this action, together with the costs and disbursements of this action. Dated: Roslyn, New York May 9, 2014 Yours, etc., IRA M. PERLMAN, ESQ. and ROBERT D. ROSEN, ESQ. Attorneys for Plaintiffs 55 Bryant Street -Penthouse Suite Roslyn, New York (516)

11 VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NASSAU ) I the undersigned, an attorney duly admitted to practice law in the State of New York, under penalties of perjury do affirm: That I am the attorney of record for the PlaintifFs in the within matter, and make this affirmation in accordance with C.P.L. R. 3020, I have read the within COMPLAINT and know the contents thereof to be a true to your Affirmant's own knowledge, with the exception of those matters therein stated to be alleged upon which your Affiirmant bases his belief regarding those matters based upon the contents of the file and conversations with the Plaintiffs. This verification is made by your Affirmant and not by Plaintiffs for the following reasons(s): that the Plaintiffs reside in a different county than where your Affirmant maintains an office. Dated: Roslyn, New York May 9, 2014 ROBERT D. ROSEN

12 ALL-STATE LEGAL BF BL 0]183-GV WH Index No. Year 20 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK as minis ra rix o e oo s, a e s an re i w is Were of MARGARET DONAGHY and GEORGE DONAGHY, -against- Plaintiffs, SILPAR REALTY INC. and JOHN PAVON, Defendants. SUMMONS and VERIFIED COMPLAINT Attorneys for LAW OFFICES OF IRA M. PERLMAN AND ~SD. ROSEN 55 BRYANT AVENUE PENTHOUSE SUITE ROSLYN, NEW YORK (212) (S 16) Pursuant to 22 NYCRR a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney o her persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earne then fro and t t if the matter involves potential claims for pz~l i~'~c,~y or wrongful death,-the matter o ned ' aola on of 22 NYCRR a. Dated:... Signature Service of a copy of the within Dated: Print Signer's Name...ROB~l~~~~D:~~ROSEN... is hereby admitted.... Attorneys) for PLEASE TAKE NOTICE m ~ that the within is a (certified) true copy of a q NOTICE OF entered in the office of the clerk of the within-named Court on 20 a ENTRY d that an Order of which the within is a true copy will be presented for settlement to the NOTICE OF Hon.,one of the judges of the within-named Court, SETTLEMENT CLt on 20, at M. Dated: Attorneys for LAW OFFICES OF IRA M. PERLMAN AND ROBERT D. ROSEN 55 BRYANT AVENUE