FILED: BRONX COUNTY CLERK 03/27/ :27 PM INDEX NO /2016E

Transcription

1 FILED : BRONX COUNTY CLERK 08/29/ :10 INDEX NO /2016E PM NYSCEF DOC. NO RECEIVED NYSCEF: 03/27/ /29/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY O F BRONX Index No.: 25084/2016E X --- Date Purchased: 07/27/2016 MARIA AGUILAR AMENDED VERIFIED Plaintiff, COMPLAINT -against- Date Filed: 08/29/2016 PARKING SERVICES, LLC., PARKING MAINTENANCE, LLC., PARKING, LLC., AND PARK LLC. s X Plaintiff, by her attorneys, THE YANKOWITZ LAW FIRM, P.C., complaining of s, respectfully alleges, upon information and belief: 1. That at all times hereinafter mentioned, Plaintiff was, and still is a resident of County of Bronx, State of New York. 2. That this action falls within one or more of exceptions as set forth in CPLR That at all times hereinafter mentioned, PARKING SERVICES, LLC was and still is a domestic corporation duly organized and existing under and by virtue of laws of County, City and State of New York. 4. That at times hereinafter mentioned, PARKING SERVICES, LLC maintained a principal place of business in County, City and State of New York. 1 of 11

2 5. On and before March 2, 2015, and at all times hereinafter mentioned, PARKING SERVICES LLC leased a portion of premises and building known as 4320 Broadway, County of New York, County, City and State of New York. 6. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING SERVICES LLC, by its agents, servants and/or employees operated aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 7. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING SERVICES LLC, by its agents, servants and/or employees managed aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 8. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING SERVICES LLC by its agents, servants and/or employees controlled aforesaid premises and sidewalkadjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 9. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING SERVICES LLC by its agents, servants and/or employees maintained aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 2 of 11

3 10. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING SERVICES LLC by its agents, servants and/or employees controlled, inspected, managed and maintained aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 11. That on March 2, 2015, and at all times hereinafter mentioned, PARKING SERVICES LLC, its agents, servants and/or employees had duty and obligation to inspect, manage and maintain sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal ofsnow and ice from 12. That at all times hereinafter mentioned, PARKING MAINTENANCE, LLC was and still is a domestic corporation duly organized and existing under and by virtue of laws of State of New York. 13. That at times hereinafter mentioned, PARKING MAINTENANCE, LLC maintained a principal place of business in County, City and State of New York. 14. On and before March 2, 2015, and at all times hereinafter mentioned, PARKING MAINTENANCE, LLC leased a portion of premises and building known as 4320 Broadway, County, City and State of New York. 15. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING MAINTENANCE, LLC by its agents, servants and/or employees operated aforesaid premises and sidewalk adjacent and abutting 3 of 11

4 building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 16. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING MAINTENANCE LLC, by its agents, servants and/or employees managed aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 17. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING MAINTENANCE LLC by its agents, servants and/or employees controlled aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 18. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING MAINTENANCE LLC by its agents, servants and/or employees maintained aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 19. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING MAINTENANCE LLC by its agents, servants and/or employees controlled, inspected, managed and maintained aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 4 of 11

5 20. That on and before March 2, 2015, and at all times hereinafter mentioned, PARKING MAINTENANCE LLC, its agents, servants and/or employees had duty and obligation to inspect, manage and maintain sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 21. That at all times hereinafter mentioned, PARKING, LLC was and still is a domestic corporation duly organized and existing under and by virtue of laws of County, City and State of New York. 22. That at times hereinafter mentioned, PARKING, LLC maintained a principal place of business in County, City and State of New York. 23. On and before March 2, 2015, and at all times hereinafter mentioned, PARKING, LLC leased a portion of premises and building known as 4320 Broadway, County of New York, County, City and State of New York. 24. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING, LLC by its agents, servants and/or employees operated aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 25. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING, LLC by its agents, servants and/or employees managed aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 5 of 11

6 26. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING, LLC by its agents, servants and/or employees controlled aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 27. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING, LLC by its agents, servants and/or employees maintained aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 28. On and before March 2, 2015 and at all times hereinafter mentioned, PARKING, LLC by its agents, servants and/or employees controlled, inspected, managed and maintained aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 29. That on March 2, 2015, and at all times hereinafter mentioned, PARKING, LLC,, its agents, servants and/or employees had duty and obligation to inspect, manage and maintain sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 30. That at all times hereinafter mentioned, PARK LLC was and still is a domestic corporation duly organized and existing under and by virtue of laws of County, City and State of New York. 6 of 11

7 31. That at times hereinafter mentioned, PARK LLC maintained a principal place of business in County, City and State of New York. 32. On and before March 2, 2015, and at all times hereinafter mentioned, PARK LLC leased a portion of premises and building known as 4320 Broadway, County of New York, County, City and State of New York. 33. On and before March 2, 2015 and at all times hereinafter mentioned, PARK LLC by its agents, servants and/or employees operated aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York,including removal of snow and ice from 34. On and before March 2, 2015 and at all times hereinafter mentioned, PARK LLC, by its agents, servants and/or employees managed aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 35. On and before March 2, 2015 and at all times hereinafter mentioned, PARK LLC by its agents, servants and/or employees controlled aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 36. On and before March 2, 2015 and at all times hereinafter mentioned, PARK LLC by its agents, servants and/or employees maintained aforesaid premises and sidewalkadjacent and abutting buildingknown as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 37. On and before March 2, 2015 and at all times hereinafter mentioned, PARK LLC by its agents, servants and/or employees controlled, inspected, 7 of 11

8 managed and maintained aforesaid premises and sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 38. That on March 2, 2015, and at all times hereinafter mentioned, PARK LLC, its agents, servants and/or employees had duty and obligation to inspect, manage and maintain sidewalk adjacent and abutting building known as 4320 Broadway, County, City and State of New York, including removal of snow and ice from 39. On March 2, 2015 Plaintiff MARIA AGUILAR was a lawful pedestrian on aforesaid sidewalk adjacent and abutting s' premises and building located at 4320 Broadway, County, City and State of New York. 40. That s' aforesaid building and premises was and still is a commercial non-residential building. 41. On March 2, 2015, while Plaintiff was lawfully walking on aforesaid sidewalk adjacent and abutting s' aforesaid building and premises, she was caused to slip and fall and sustain severe and permanent injuries, due to slippery, icy, unsafe, hazardous and dangerous conditions of aforesaid 42. The above mentioned occurrence, and results reof, were caused by joint, several and concurrent negligence of s and/or said s' agents, servants, employees and/or licensees in ownership, operation, management, supervision, inspection, maintenance and control of aforesaid premises and sidewalk; s failed to comply with and violated New York City Administrative Code Sections and of 11

9 43. That no negligence on part of Plaintiff contributed to occurrence alleged herein in any manner whatsoever. 44. That by reason of foregoing, Plaintiff MARIA AGUILAR was caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that se injuries and ir effects will be permanent; and as a result of said injuries Plaintiff has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a furr result, Plaintiff was, and will continue to be, rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant loss refrom. 45. That as a result of foregoing, Plaintiff was damaged in a sum which exceeds jurisdictional limits of all lower courts which would orwise have jurisdiction. WHEREFORE, Plaintiff demands judgment against s herein on all causes of action, in a sum exceeding jurisdictional limits of all lower courts which would orwise have jurisdiction, toger with costs and disbursements of this action. Dated: Great Neck, New York August 29, 2016 Yo s etc SKYLA. AN O TZ Q. THE YA OWI Z L W FIRM, P.C. Attorneys for Pl nti f MARIA AGUILAR 175 East Shore Road Great Neck, New York (516) Our File No of 11

10 ATTORNEY'S VERIFICATION SKYLAR K. YANKOWITZ, ESQ., an attorney duly admitted to practice before Courts of State of New York, affirms following to be true under penalties of perjury: I am an attorney at THE YANKOWITZ LAW FIRM, P.C., attorneys of record for Plaintiff, Maria Aguilar, I have read annexed AMENDED COMPLAINT and know contents reof, and same are true to my knowledge, except those matters rein which are stated to be alleged upon information and belief, and as to those matters I believe m to be true. My belief, as to those matters rein not stated upon knowledge, is based upon facts, records, and or pertinent information contained in my files. This verification is made by me because Plaintiff is not presently in county wherein I maintain my offices. DATED: Great Neck, New York August 29, 2016 SKYLAR NKO T, ESQ. 10 of 11

11 Index No. Q 508½ } sto\ be SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA AGUILAR Plaintiff, -against- PARKING SERVICES, LLC., PARKING MAINTENANCE, LLC., PARKING, LLC., AND PARK LLC. s. SUPPLEMENTAL SUMMONS AND AMENDED VERIFIED COMPLAINT THE YANKOWITZ LAW FIRM, P.C. Attorneys for PLAINTIFF 175 East Shore Road Great Neck, New York (516) TO: PARKING SERVICES, LLC. 331 W. 57th Street, Suite 456 New York, NY PARKING MAINTENANCE, LLC. C/O PARKING SERVICES, LLC. 331 W. 57th Street, Suite 456 New York, NY PARKING, 331 W. 57th Street, Suite 456 New York, NY LLC. PARK 185m LLC. C/O ANDREW MEYER 54 Diamond Street Brooklyn, New York of 11