KIERA MAGUIRE, PROOF OF SERVICE Plaintiff,: -against- Index No.: /2017

Transcription

1 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X KIERA MAGUIRE, PROOF OF SERVICE Plaintiff,: -against- Index No.: /2017 AUDRA O'DONOVAN, Defendant.: X Attached is a true copy of an affidavit of service of the Summons, Verified Complaint, and Notice of Commencement of Action Subject to Mandatory Electronic Filing. Dated: New York, New York May 30, 2017 Yours, etc., DILLON HOROWITZ & GOLDSTEIN LLP Attorneys for Plaintiff KIERA MAGUIRE B MICHAELGOLDSTEI 11 Hanover Square - 20th Floor New York, New York (212) of 13

2 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK County of New York AFFIDAVIT OF SERVICE ;t;i83727;o; Index no : /2017 Keira Maguire vs. Plaintiff(s), Audra O'Donovan Defendant(s). STATE OF CONNECTICUT HARTFORD COUNTY ss: East Hartford Eric Rubin, the undersigned, being duly sworn, deposes and says that I was at the time of service over the age of eighteen and not a party to this action. I reside in the State of Connecticut. On 05/23/2017 at 8 :15 PM, I served the within Notice of Commencement of Action Subject to Mandatory Electronic Filing, Summons, Verified Complaint with Index Number and Date Filed on Audra O'Donovan at 25 Perna Lane, Riverside, CT in the manner indicated below: INDIVIDUAL: By delivering a true copy of each to said recipient personally; deponent knew the person to be the person described as said person therein. A description of the Recipient, or other person served on behalf of the Recipient is as follows: Sex lcolor of skin/race I color of hair AP"e THeiP"ht Twei!Yht Female I caucasian IRed 45 15'7" h6o Other Features: Your deponent asked the person spoken to whether the Recipient was in the active military service and received a negative reply. Upon information and belief I have; being based on the conversations and observations above narrated, Recipient is not in the military service. Sworn to and subscribed before me on May 24,2017 by an affiant who is personally known to me or produced identification. AR.k x Eric Rubin CJ- Connecticut Process Serving, LLC 67 Burnside Ave East Hartford,CT Atty File#: AMY J. CHANTRY NOTA.RY PUBUC MY COMMISSION EXPIRES 2 of 13

3 NYSCEF!FILED: DOC. NEW NO. 2YORK COUNTY CLERK 05/19/ :35 PM] RECEIVED INDEX NYSCEF: NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/19/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X KIERA MAGUIRE, Plaintiff designates New York County as the place of trial. AUDRA O'DONOVAN, -against- Plaintiffs,: SUMMONS Index No: 15"464 \ /2017 Date Purchased: 5 I ll_;zo 17 Defendants.: X The basis of venue is To the above named Defendant: Plaintiff's residence: 311 West 127th Street, Apt. 402 New York, New York YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, on the Plaintiffs Attomey(s) 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: New York, New York May 17,2017 Yours, etc., Plaintitrs Address: KIERA MAGUIRE 311 West 127th Street, Apt. 402 New York, New York Defendant's Address: DILLON HOROWITZ & GOLDSTEIN LLP Attorneys for Plaintiff By/~ MIHAELGOLDSTE 11 Hanover Square - 20th Floor New York, New York (212) AUDRA O'DONOVAN 25 Perna Lane Riverside, Connecticut of 8 3 of 13

4 NYSCEF!FILED: DOC. NEW NO. 2YORK COUNTY CLERK 05/19/ :35 PM! RECEIVED INDEX NYSCEF: NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/19/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X KIERA MAGUIRE, Plaintiff,: -against- AUDRA O'DONOVAN, Defendant.: X VERIFIED COMPLAINT Index No.: \54,6 41/2017 Date Filed: J5 I li_;20 17 Plaintiff, KIERA MAGUIRE by and through her attorneys, DILLON HOROWITZ & GOLDSTEIN LLP, as and for a Verified Complaint in the abovecaptioned action respectfully show to this Court and allege upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. That prior to the service of this summons and complaint, plaintiff purchased an Index Number from the Clerk ofthe New York County Court in accordance with the CPLR. 2. One or more ofthe exemptions ofcplr 1602 apply to all the causes of action set forth herein. In particular, plaintiffs allege that CPLR1602 (2)(iv) is or may be applicable as plaintiffs are making claims based on the violation of a non-delegable duty. Plaintiffs also allege that CPLR 1602 (7) may be applicable if defendants are deemed to have acted with reckless disregard for the safety of others. 3. As all times hereinafter mentioned and currently, plaintiffkiera MAGUIRE resides at 311 West 127th Street, apt. 402, New York, New York On February 10, 2017, defendant AUDRA O'DONOVAN was the owner of. the premises known by street address 227 East 235th Street, Bronx, New York of 8 4 of 13

5 FILED: NEW YORK COUNTY CLERK 05/19/ :35 03:16 PM INDEX NO /2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/19/ At all the times herein stated, the premises commonly known as 227 East 235th Street, Bronx, New York was and is a multiple dwelling as defined in the Building Code of the City of New York and the Housing Maintenance Code of the City of New York. 6. At all the times herein stated, the defendant AUDRA O DONOVAN did and continues to operate the premises commonly known as 227 East 235th Street, Bronx, New York At all the times herein stated, the defendant AUDRA O DONOVAN did and continues to maintain the premises commonly known as 227 East 235th Street, Bronx, New York At all the times herein stated, the defendant AUDRA O DONOVAN did and continues to control the premises commonly known as 227 East 235th Street, Bronx, New York At all the times herein stated, the defendant AUDRA O DONOVAN did and continues to supervise the premises commonly known as 227 East 235th Street, Bronx, New York At all the times herein stated, the defendant AUDRA O DONOVAN did and continues to possess the premises commonly known as 227 East 235th Street, Bronx, New York At all the times herein stated, the defendant AUDRA O DONOVAN is, was and continues to be the managing agent of the premises commonly known as 227 East 2 53 of 13 8

6 FILED: NEW YORK COUNTY CLERK 05/19/ :35 03:16 PM INDEX NO /2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/19/ th Street, Bronx, New York At all the times herein stated, the defendant AUDRA O DONOVAN was the lessor of the premises commonly known as 227 East 235th Street, Bronx, New York At all the times herein stated, the defendant AUDRA O DONOVAN did not actually reside in the premises commonly known as 227 East 235th Street, Bronx, New York That on or about February 10, 2017, the plaintiff, KIERA MAGUIRE, was lawfully present upon or at the premises commonly known as 227 East 235th Street, Bronx, New York 10470, including front steps and abutting sidewalk, when, by and through the negligence, carelessness, recklessness, violations of law, and otherwise wrongfully conduct on the part of the defendants, their agents, servants and/or employees as hereinafter alleged, she was caused to fall, causing her to sustain serious and severe injuries. 15. That the aforesaid occurrence occurred as the result of the negligence, recklessness and carelessness and violations of law of the defendant, her agents, servants, employees and/or licensees in the operation, management, maintenance, possession and control of the aforesaid premises, including without limitation based on defendant AUDRA O DONOVAN s failure to adequately and properly remove snow and ice from the sidewalk abutting said premises and front steps of the premises and/or her non-delegable duty for the failure of others to adequately and properly remove snow and 3 64 of 13 8

7 FILED: NEW YORK COUNTY CLERK 05/19/ :35 03:16 PM INDEX NO /2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/19/2017 ice from the abutting sidewalk and steps of the premises and/or by her creation of a hazard and/or increase of the natural hazard by her failure to maintain or repair the appurtenances of the premises, including the drain pipe. 16. That as a result of the aforementioned negligence and violations of law of the defendants and/or each of them, the plaintiff KIERA MAGUIRE became, still is and for a long time, will be sick, sore, lame, bruised, injured, disabled and wounded in and about the various parts of her head, neck body and limbs and suffers severe and extreme emotional shock, anguish and psychic injuries and the plaintiff was otherwise injured, and upon information and belief said injuries are permanent; that by reason of the foregoing, the plaintiff was obligated to and did necessarily employ medical aid, hospital services, medicinal and medical supplies in an attempt to cure the aforesaid injuries and has been prevented from performing her usual duties and will be so prevented for a long time to come. 17. That as a result of the foregoing, the plaintiff, KIERA MAGUIRE has sustained monetary damages that exceed the jurisdiction of the lower court. AS AND FOR A SECOND CAUSE OF ACTION 18. Plaintiff repeats and re alleges each and every allegation set forth in paragraphs 1 through 17 as if set forth herein at length. 19. Defendant AUDRA O DONOVAN failed to maintain the sidewalk and steps of the premises in reasonably safe condition of 13 8

8 FILED: NEW YORK COUNTY CLERK 05/19/ :35 03:16 PM INDEX NO /2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/19/ Defendant AUDRA O'DONOVAN violated Administrative Code of the City ofnew York 7-210[a] & [b]. WHEREFORE, the plaintiff, KIERA MAGUIRE demands judgment as and against the defendant in an amount which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction together with interest, costs and disbursements of this action. Dated: New York, New York May17,2017 Yours, etc., DILLON HOROWITZ & GOLDSTEIN Attorneys for Plaintiff By //~ MitHAEL GOLDSTEIN 11 Hanover Square, 20th Floor New York, New York (212) of 13 8

9 FILED: NEW YORK COUNTY CLERK 05/19/ :35 03:16 PM INDEX NO /2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/19/2017 VERIFICATION STATEOFNEWYORK ) ). ss.: COUNTY OF NEW YORK ) KIERA MAGUIRE, being duly sworn, deposes and says: 1. That she is the plaintiff in the within action~ she has read the foregoing SUMMONS & COMPLAINT and knows the contents thereof~ that the same is true to her own knowledge, except as to the matters therein stated to be alleged upon information and belief~ and that as to those matters she believes them to be true. Sworn to before me this fl day of May, 2017 NOTARY PUBLIC SEAN J. DOWNES Nolaly Public, State of New Vadl No Qualified in Queens c"""" My Commission Expire& May 27, of 13 8

10 FILED: NEW YORK COUNTY CLERK 05/19/ :35 03:16 PM INDEX NO /2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/19/2017 Index No. Year 2017 Supreme Court ofthe State ofnew York County ofnew York KIERA MAGUIRE, Plaintiff, -against- AUDRA O'DONOVAN, Defendant. SUMMONS and VERIFIED COMPLAINT DILLON HOROWITZ & GOLDSTEIN LLP Attorneys for Plaintiff 11 Hanover Square -20th Floor New York, New York (212) (212) /ax Service of a copy of the within Dated,, 20_ is hereby admitted. Attorneys for Sirs/Madams: -- Please take notice Notice ofentry that the within is a true copy of a named court on duly entered in the office of the clerk of the within Notice of Settlement that an of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 20 at M. 108 of 813

11 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X KIER MAGUIRE, Plaintiff,: -against- Index No AUDRA O'DONOVAN, Defendant X NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) ofthat Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section bb(e) must immediately record their representation within thee-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section bb, consult the NYSCEF website at or contact the NYSCEF Resource Center at or efile@courts.state.ny. us Dated: New York, New York May 22,2017 Yours etc., DILLON HOROWITZ & GOLDSTEIN LLP By: 11 Hanover Square, 20th Floor New York, New York (212) mgoldstein@dhgattomeys.com 1 11 of 13

12 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: TO: AUDRA O'DONOVAN 25 Perna Lane Riverside, Connecticut of 13

13 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: Index No. Yea r 2017 Supr eme Court ofthe State ofnew York County ofnew York KIERA MAGUIRE, Plaintiff, -against- AUDRA O'DONOVAN, Defenda nt. PROOF OF SERVICE DILLON HOROWITZ & GOLDSTEIN LLP Attorneys for Plaintiff 11 Hanover Square- 20th Floor New York, New York (212) (212) /ax Service of a copy of the within Dated,, 20_ is hereby admitted. Attorneys for Sirs/Madams: --Please take notice Notice ofentry that the within is a true copy of a named court on duly entered in the office of the clerk of the within Notice of Settlement that an of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 20 at M. 13 of 13