FILED: KINGS COUNTY CLERK 05/25/ /09/ :37 12:27 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2016

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1 FILED: KINGS COUNTY CLERK 05/25/ /09/ :37 12:27 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/ /09/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JEFFREY DEWITT, Plaintiff, Filed: INDEX NO. Plaintiff designates Kings County as the place of trial -against- SUMMONS The basis of venue is ASH/MAT ENTERPRISES, LLC and SUPERIOR CAR WASH, Defendants X To the above named Defendants: Defendant's address: 1998 Atlantic Avenue Brooklyn, New York YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: Far Rockaway, New York May 25, 2016 /s Marc Elefant MARC ELEFANT, P.C. By: Marc Elefant, Esq. Attorneys for Plaintiff JEFFREY DEWITT 1931 Mott Avenue, Suite 412 Far Rockaway, New York (718) of 13

2 To: ASH/MAT ENTERPRISES, LLC 150 East 58 th Street Suite 2400 New York, New York SUPERIOR CAR WASH 1998 Atlantic Avenue Brooklyn, New York In order to avoid a default judgment being taken against you, please forward this document to your insurer immediately. 2 of 13

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JEFFREY DEWITT, Plaintiff, INDEX NO. VERIFIED COMPLAINT -against- ASH/MAT ENTERPRISES, LLC and SUPERIOR CAR WASH, Defendants X Plaintiff, by his attorneys, MARC ELEFANT, P.C., as and for his Verified Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, JEFFREY DEWITT, at all times herein mentioned was and still is a resident of the County of Albany and the State of New York. 2. The defendant, ASH/MAT ENTERPRISES, LLC, at all times herein mentioned, was and still is a domestic corporation organized and existing under the laws of the State of New York, with its principal place of business situated in the County of New York and the State of New York. 3. The defendant, ASH/MAT ENTERPRISES, LLC, at all times herein mentioned, was and still is a limited liability company organized and existing under the laws of the State of New York, with its principal place of business situated in the County of New York and the State of New York. 4. At all times herein mentioned, defendant, ASH/MAT ENTERPRISES, LLC, transacted business within the State of New York. 5. At all times herein mentioned, defendant, ASH/MAT ENTERPRISES, LLC, derived substantial revenue from goods used or consumed or services rendered in the State of New York. 3 of 13

4 6. At all times herein mentioned, defendant, SUPERIOR CAR WASH, was and still is a domestic corporation organized and existing under the laws of the State of New York, with its principal place of business situated in the County of Kings and the State of New York. 7. At all times herein mentioned, defendant, SUPERIOR CAR WASH, all, was and still is a foreign corporation, and is duly licensed and authorized to do business in the State of New York. 8. At all times herein mentioned, defendant, SUPERIOR CAR WASH, transacted business within the State of New York. 9. At all times herein mentioned, defendant, SUPERIOR CAR WASH, derived substantial revenue from goods used or consumed or services rendered in the State of New York. 10. At all times herein mentioned, there exists a building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, there exists Gas station/car Wash area, located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, plaintiff was lawfully traversing Gas Station/Car Wash area adjacent to said premises. 13. At all times herein mentioned, defendant, ASH/MAT ENTERPRISES, LLC, owned the aforesaid building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, ASH/MAT ENTERPRISES, LLC, was one of the owners of the aforesaid building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York of 13

5 15. At all times herein mentioned, defendant, ASH/MAT ENTERPRISES, LLC, defendant's servants, agents and/or employees operated the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, ASH/MAT ENTERPRISES, LLC, defendant's servants, agents and/or employees maintained the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, ASH/MAT ENTERPRISES, LLC, defendant's servants, agents and/or employees managed the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, ASH/MAT ENTERPRISES, LLC, defendant's servants, agents and/or employees controlled the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York. 19. At all times herein mentioned, defendant, ASH/MAT ENTERPRISES, LLC, defendant's servants, agents and/or employees supervised the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, ASH/MAT ENTERPRISES, LLC, defendant's servants, agents and/or employees repaired the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, the defendant, ASH/MAT ENTERPRISES, LLC, defendant's servants, agents and/or employees inspected the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, the defendant, ASH/MAT ENTERPRISES, LLC, defendant's servants, agents and/or employees were responsible to manage, maintain, clean, repair, inspect and other wise keep in a safe condition free from defective or dangerous conditions the 5 of 13

6 Gas Station/Car Wash area adjacent to the building and premises located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, the defendant, ASH/MAT ENTERPRISES, LLC, was responsible for use and operation of the Gas Station/Car Wash area adjacent to its premises at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, the defendant ASH/MAT ENTERPRISES, LLC, defendant's servants, agents and/or employees were responsible to own, operate, manage, repair, alter, construct, maintain, clean and supervise said Gas Station/Car Wash area and premises located at 1998 Atlantic Avenue, Brooklyn, New York 11233, in a safe and lawful manner, such that no person lawfully thereupon would be caused to sustain personal injuries. 25. At all times herein mentioned, it was the duty of the defendant ASH/MAT ENTERPRISES, LLC, defendant s servants, agents and/or employees to own, operate, manage, repair, alter, construct, maintain, clean and supervise the Gas Station/Car Wash area adjacent to its building and premises and keep it free from any defective condition and in a safe and lawful manner, such that no person lawfully thereupon would be caused to sustain personal injuries. 26. On or about November 2, 2014 and at all times herein mentioned, there existed a dangerous condition in the Gas Station/Car Wash area adjacent to its building and premises at 1998 Atlantic Avenue, Brooklyn, New York On or about November 2, 2014 and at all times herein mentioned, there existed a dangerous condition in the Gas Station/Car Wash area adjacent to its building and premises located at 1998 Atlantic Avenue, Brooklyn, New York that defendant, ASH/MAT ENTERPRISES, LLC, had prior notice and knowledge of. 28. On or about November 2, 2014 and at all times herein mentioned, there existed a dangerous condition in the Gas Station/Car Wash area adjacent to its building and premises located 6 of 13

7 at 1998 Atlantic Avenue, Brooklyn, New York 11233, that defendant, ASH/MAT ENTERPRISES, LLC, had notice and knowledge of and failed to correct and/or repair said dangerous condition. 29. At all times herein mentioned, defendant, SUPERIOR CAR WASH, owned the aforesaid building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, SUPERIOR CAR WASH, was one of the owners of the aforesaid building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, SUPERIOR CAR WASH, defendant's servants, agents and/or employees operated the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, SUPERIOR CAR WASH, defendant's servants, agents and/or employees maintained the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, SUPERIOR CAR WASH, defendant's servants, agents and/or employees managed the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, SUPERIOR CAR WASH, defendant's servants, agents and/or employees controlled the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, defendant, SUPERIOR CAR WASH, defendant's servants, agents and/or employees supervised the building, premises and Gas Station/Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York of 13

8 36. At all times herein mentioned, defendant, SUPERIOR CAR WASH, defendant's servants, agents and/or employees repaired the building, premises and Gas Station /Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, the defendant, SUPERIOR CAR WASH, defendant's servants, agents and/or employees inspected the building, premises and Gas Station /Car Wash area located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, the defendant, SUPERIOR CAR WASH, defendant's servants, agents and/or employees were responsible to manage, maintain, clean, repair, inspect and other wise keep in a safe condition free from defective or dangerous conditions the Gas Station/Car Wash area adjacent to the building and premises located at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, the defendant, SUPERIOR CAR WASH, was responsible for use and operation of the Gas Station/Car Wash area adjacent to its premises at 1998 Atlantic Avenue, Brooklyn, New York At all times herein mentioned, the defendant, SUPERIOR CAR WASH, was responsible for use and operation of the Gas Station/Car Wash area adjacent to its building and premises located at 1998 Atlantic Avenue, Brooklyn, New York 11233, defendant's servants, agents and/or employees were responsible to own, operate, manage, repair, alter, construct, maintain, clean and supervise said Gas Station/Car Wash area and premises located at 1998 Atlantic Avenue, Brooklyn, New York 11233, in a safe and lawful manner, such that no person lawfully thereupon would be caused to sustain personal injuries. 41. At all times herein mentioned, it was the duty of the defendant, SUPERIOR CAR WASH, defendant s servants, agents and/or employees to own, operate, manage, repair, alter, construct, maintain, clean and supervise the Gas Station/Car Wash area adjacent to its building 8 of 13

9 and premises and keep it free from any defective condition and in a safe and lawful manner, such that no person lawfully thereupon would be caused to sustain personal injuries. 42. On or about November 2, 2014 and at all times herein mentioned, there existed a dangerous condition in the Gas Station/Car Wash area adjacent to its building and premises at 1998 Atlantic Avenue, Brooklyn, New York On or about November 2, 2014 and at all times herein mentioned, there existed a dangerous condition in the Gas Station/Car Wash area adjacent to its building and premises located at 1998 Atlantic Avenue, Brooklyn, New York that defendant, SUPERIOR CAR WASH, had prior notice and knowledge of. 44. On or about November 2, 2014 and at all times herein mentioned, there existed a dangerous condition in the Gas Station/Car Wash area adjacent to its building and premises located at 1998 Atlantic Avenue, Brooklyn, New York 11233, that defendant, SUPERIOR CAR WASH, had notice and knowledge of and failed to correct and/or repair said dangerous condition. 45. On or about November 2, 2014 Plaintiff was injured as a result of the aforesaid dangerous and defective condition 46. That the aforesaid incident and resulting personal injuries were due solely and wholly through and by reason of the negligence of the defendants, in the ownership, operation, management, maintenance, control, repair, supervision and inspection of the aforesaid Gas Station/Car Wash area adjacent to its building and premises; in the control and supervision of the cleaning, alteration, construction and/or repair work being performed at the aforesaid Gas Station/Car Wash area adjacent to its building and premises; in causing and/or allowing dangerous and hazardous conditions to be and remain at the aforesaid building, premises and Gas Station/Car Wash area without the necessary and required repair; in performing work at the aforesaid Gas Station/Car Wash area adjacent to its building, premises and Gas Station/Car Wash area in a 9 of 13

10 dangerous, unsafe and unlawful manner; in the ownership, operation, management, maintenance, control, repair, supervision and inspection of the aforesaid Gas Station/Car Wash area adjacent to its building and premises; in the control and supervision of the cleaning, alteration, construction and/or repair work being performed at the aforesaid building and premises; in violation of the local Administrative Code; in failing to exercise reasonable care; in failing to prevent this foreseeable occurrence, although the defendants had due notice and knowledge of same. 47. Solely as a result of the defendants negligence, carelessness and recklessness, plaintiff, JEFFREY DEWITT was caused to suffer severe and serious personal injuries to mind and body, and further, that plaintiff, JEFFREY DEWITT was subjected to great physical pain and mental anguish. 48. The aforesaid occurrence was caused by the negligence of the defendants, without any culpable conduct on the part of plaintiff, JEFFREY DEWITT. 49. By reason of the foregoing, plaintiff, JEFFREY DEWITT was severely injured and damaged, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are believed to be permanent in nature and duration, and plaintiff, JEFFREY DEWITT will be permanently caused to suffer pain, inconvenience and other effects of such injuries; plaintiff, JEFFREY DEWITT incurred and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries; and plaintiff, JEFFREY DEWITT will be unable to pursue plaintiff, JEFFREY DEWITT's usual duties with the same degree of efficiency as prior to this accident, all to plaintiff, JEFFREY DEWITT's great damage. 50. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. 51. As a result of the foregoing plaintiff has been damaged in a sum being in excess of the lower Courts. 10 of 13

11 WHEREFORE, plaintiff demands judgment against the defendants, in a sum that will fully compensate Plaintiff for his damages in excess of the jurisdiction of all lower Courts, together with the costs and disbursements of this action. Dated: Far Rockaway, New York May 25, 2016 To: /s Marc Elefant MARC ELEFANT, P.C. By: Marc Elefant, Esq. Attorneys for Plaintiff JEFFREY DEWITT 1931 Mott Avenue, Suite 412 Far Rockaway, New York (718) ASH/MAT ENTERPRISES, LLC 150 East 58 th Street Suite 2400 New York, New York SUPERIOR CAR WASH 1998 Atlantic Avenue Brooklyn, New York of 13

12 Pursuant to 22 NYCRR , the undersigned, an attorney admitted to practice law in the State of New York, certifies that to the best of my knowledge, information and belief and after reasonable inquiry, under the circumstances, the annexed papers and contentions therein are not frivolous. /s Marc Elefant Marc Elefant, Esq. 12 of 13

13 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JEFFREY DEWITT, ATTORNEY VERIFICATION Plaintiff, -against- ASH/MAT ENTERPRISES, LLC and SUPERIOR CAR WASH, Defendants X Marc Elefant, an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am of the firm of MARC ELEFANT, P.C., the attorneys of record for the plaintiff. I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiff because he is not in the County of Queens at this time, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with the said plaintiff, information contained in the said plaintiff's file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: Far Rockaway, New York May 25, 2016 /s Marc Elefant MARC ELEFANT 13 of 13