your failure to answer, Judgment will be taken against you by default for the relief demanded in the Complaint.

Transcription

1 FILED: NEW YORK COUNTY CLERK 10/08/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/08/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SANDRA KAPLAN, -against- Plaintiff, TAI PROPERTIES LLC, and J. T. TAI & CO., INC Defendants X -X Index No.: Filing Date: SUMMONS Plaintiff designates NEW YORK County as the place of trial The basis of venue is: Plaintiff resides at nd Avenue, Apt. 2C New York, New York County ofnew York TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to appear in this action by serving a notice ofappearance on plaintiffs attorneys within 20 days after service ofthis summons, exclusive of the day of service of within 30days after service is complete if this summons is not personally delivered to you within the State ofnew York. In case of your failure to answer, Judgment will be taken against you by default for the relief demanded in the Complaint. DATED: New York, New York September 30, 2013 Yours, etc Manu6z Sniaxe^vski, Esq THE PERECMAN FIRM, PLLC Attorneys for Plaintiff 250 West 57th Street, Suite 401 New York, New York (212) Our File No.: L8430 DEFENDANT'S ADDRESSES: TAI PROPERTIES LLC 18 East 67th Street New York, New York J. T. TAI & CO., INC. do: Bill Hogan 18 East 67th Street New York, New York 1002:

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X SANDRA KAPLAN, VERIFIED COMPLAINT Plaintiff, Index No.: -against- TAI PROPERTIES, LLC, and J. T. TAI & CO., INC. Defendant....-X Plaintiff, by her attorneys, THE PERECMAN FIRM, PLLC, complaining of the defendant herein, respectfully shows to this Court, and alleges as follows: 1. That at all times hereinafter mentioned, plaintiff was and still is a resident ofthe County ofnew York, City and State ofnew York. 2 That at all times hereinafter mentioned, and upon information and belief, Defendant, TAI PROPERTIES, LLC. was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 3. That at all times hereinafter mentioned, and upon information and belief, Defendant, TAI PROPERTIES, LLC. maintained a principal place of business in New York County, State ofnew York. 4. That at all times hereinafter mentioned, and upon information and belief, Defendant, TAI PROPERTIES, LLC. owned a building and structure located at nd Avenue, New York, New York. 5. That at all times hereinafter mentioned, and upon information and belief, defendant TAI PROPERTIES LLC operated the aforesaid premises.

3 6. That at all times hereinafter mentioned, and upon information and belief, defendant TAI PROPERTIES LLC maintained the aforesaid premises. 7. That at all times hereinafter mentioned, and upon information and belief, Defendant TAI PROPERTIES LLC controlled the aforesaid premises. 8. That at all times hereinafter mentioned, and upon information and belief, Defendant TAI PROPERTIES LLC managed the aforesaid premises. 9. That at all times hereinafter mentioned, and upon information and belief, defendant TAI PROPERTIES LLC was the managing agent ofthe aforesaid premises. 10. That at all times hereinafter mentioned, and upon information and belief, Defendant TAI PROPERTIES LLC leased the aforesaid premises. 11. That at all times hereinafter mentioned, and upon information and belief, Defendant TAI PROPERTIES LLC was the lessee of the aforesaid premises. 12. That at all times hereinafter mentioned, and upon information and belief, Defendant TAI PROPERTIES LLC was the lessor ofthe aforesaid premises. 13. That at all times hereinafter mentioned, and upon information and belief, Defendant, J. T. TAI & CO., INC. was and still is a domestic corporation duly organized and existing under and by virtue of the laws ofthe State ofnew York. 14. That at all times hereinafter mentioned, and upon information and belief, defendant, J. T. TAI & CO., INC., maintained a principal place of business in New York County, State ofnew York. 15. That at all times hereinafter mentioned, and upon information and belief, defendant, J. T. TAI &CO., INC. owned abuilding and structure located at nd Avenue, New York, New York.

4 16. That at all times hereina fter mentioned, and upon information and belief, defendant J. T. TAI & CO., INC., operated the aforesaid premises. 17. T hat at all times hereinafter mentioned, and upon information and belief, Defendant J. T. TAI & CO., INC., maintained the aforesaid premises. 18. That at all times hereina fter mentioned, and upon information and belief, defendant, J. T. TAI & CO., INC., controlled the aforesaid premises. 19. That at all times hereina fter mentioned, and upon information and belief, defendant J. T. TAI & CO., INC., managed the aforesaid premises. 20. That at all times hereina fter mentioned, and upon information and belief, defendant J. T. TAI & CO., INC., was the managing agent ofthe aforesaid premises, 21. That at all times hereinafter mentioned, and upon information and belief, defendant J. T. TAI & CO., INC., leased the aforesaid premises. 22. That at all times hereinafter mentioned, and upon information and belief, defendant J. T. TAI & CO., INC., was the lessee ofthe aforesaid premises. 23. That at all times hereinafter mentioned, and upon information and belief defendant J. T. TAI & CO., INC., was the lessor ofthe aforesaid premises. 24. That on April 17, 2012, the defendants negligently, recklessly and careless suffered and permitted the aforesaid premises including but not limited to gas lines, pipes, ovens and appliances thereat to be, become and remain in a dangerous and defective condition. 25. That the defendants herein were negligent and careless in that they violated their duty to persons lawfully on the aforesaid premises and to this plaintiff in particular and knowingly, permitting, suffering and allowing the aforesaid premises

5 including but not limited to gas lines, pipes, oven and appliances thereat to be, become and remain in a defective, dangerous condition and was further negligent in failing to take suitable precautions for the safety of persons lawfully on the aforesaid premises. 26. That at all times hereinafter mentioned, plaintiffwas lawfully on the Aforesaid premises. 27. That on or about the April 17, 2012 while the plaintiffwas lawfully on the aforesaid premises, she was caused to sustain injuries hereinafter alleged. 28. That by reason of the foregoing and the negligence of the defendants, as aforesaid, this plaintiff SANDRA KAPLAN, was severely injured, bruised, wounded, suffered, still suffers and will continue to suffer for some time great physical pain and great bodily and mental injuries and became sick, sore, lame and disabled and so remained for a considerable length oftime. 29. That by reason of the foregoing, plaintiff was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liable therefore, for medicines and upon information and belief, plaintiff will necessarily incur similar expenses. 30. That by reason ofthe foregoing and the negligence ofsaid defendants, this Plaintiffhas been unable to attend to her usual occupation and avocation in the manner required. 31. That by reason ofthe foregoing and the negligence of said defendants, this Plaintiff is informed and verily believes that her aforesaid injuries are permanent and she will permanently suffer from the effects ofher aforesaid injuries and she will be caused to suffer permanent embarrassment and continuous pain and inconvenience.

6 32. This action falls within one of the exemptions enumerated in CPLR\ Section That as result ofthe defendant's negligence as aforesaid, this plaintiff, SANDRA KAPLAN, has been damaged in an amount which exceeds the jurisdictional limited of the lower courts. WHEREFORE, plaintiffsandra KAPLAN demands judgment against the defendant in an amount which exceeds the jurisdictional limited of the lower courts, together with the costs and disbursements of this action. DATED: New York, New York September 30, 2013 Yours, etc., lariu^z Sniarpv^ki, Esq THE PERECMAN FIRM, PLLC Attorneys for Plaintiff 250 West 57th Street, Suite 401 New York, New York (212) Our File No.: L8430

7 VEElFlCATiON STATE Of NEW YORK ) COUNTY OF NEW YORK ) ss. 0 I/ i being duly sworn, deposes and says: 3(AvW4 Kalian Deponent is aplaintiff in the within action; deponent has read the foregoing BILL OF PARTICULAR, and knows the contents thereof; that same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, deponent believes it to be true. r u^ Sworn and Subscribed to before me this the 30fVl day of See' see' 0 MariuszJ. Sniarowski votary Public, StateofNew York Beg#01SN Qualified in KingCounty.... e f r

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SANDRA KAPLAN, Index No.: Plaintiff, -against- TAI PROPERTIES LLC, and J. T. TAI & CO., INC Defendants SUMMONS AND VERIFIED COMPLAINT THE PERECMAN FIRM, P.L.L.C. Attorneys for Plaintiffs SANDRA KAPLAN 250 West 57th Street - Suite 401 New York, New York (212) FAX (212) To: Service of a copy of the within is hereby admitted. CERTIFICATION BY ATTORNEY STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) I, the undersigned, an attorney duly admitted to practice in the Courts of the State of New York, certify that, upon information and belief, formed after an inquiry reasonable under the circumstances, the presentation ofthe attached SUMMONS AND VERIFIED COMPLAINT and the contentions contained therein are not frivolous, as that term is defined in Section (c) of the rules of the Chief Administrator. Dated: New York, New York September 30, 2013 PLEASE TAKE NOTICE: Notice of Entry Notice of Settlement Yours, etc., The Perecman Firm, PLLC