SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X X Index No.: 158809/2016 ELIZABETH STORELLI, Plaintiff, -against- AMENDED SUMMONS McCONNER STREET HOLDINGS, LLC, --------------------------------------------------------------------X Defendants. Jury Trial Demanded X To the above named defendants(s): 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 plaintiffs attorney 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. The basis of venue is the plaintiff's residence in New York City. Dated: New York, New York December 1, 2016 NAPOLI SHKOLNIK, PLLC Attorneys for Plaintiff By ph apoli, Esq. 11" 360 Lexington Avenue, New York, NY 10017 (212) 397-1000 Floor Defendants' addresses: McCONNER STREET HOLDINGS, LLC C/O Stonberg Moran, LLP 505 Eight Ave, Suite 2302 New York, NY 10018 1
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X â â â â â â â â â â â â â â â â â â â â â X Index No.: 158809/2016 ELIZABETH STORELLI, -against- -again' Plaintiff, t- AMENDED VERIFIED COMPLAINT McCONNER STREET HOLDINGS, LLC, ---------------------------------------X Defendants. Plaintiff, by her attorneys, NAPOLI SHKOLNIK, PLLC as and for a cause of action allege, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION: NEGLIGENCE 1. At all times mentioned herein, Plaintiff, ELIZABETH STORELLI is a person of good moral character. 2. At the time of the commencement of this action, plaintiff was and still is a resident of the County of New York City. 3. The cause of action herein alleged arose in the County and State of New York. 4. That at all times herein mentioned, the Defendant, MCCONNER STREET HOLDINGS, LLC, was and still is a domestic not-for-profit corporation duly organized and existing under and by virtue of the laws of the City and State of New York. 5. On or about July 24, 2015, and at all times herein mentioned, the Defendant, MCCONNER STREET HOLDINGS, LLC, was a domestic corporation doing business in the State of New York 6. On or about July 24, 2015, and at all times herein mentioned, the Defendant, 2
MCCONNER STREET HOLDINGS, LLC was a partnership doing business in the State ofnew York. 7. On or about July 24, 2015, and at all times herein mentioned, the Defendant, MCCONNER STREET HOLDINGS, LLC derives substantial revenue from goods used or consumed or services rendered in the State of New York. 8. On or about February 23,2015, and at all times herein mentioned, the Defendant MCCONNER STREET HOLDINGS, LLC and/or by its agents, servants and/or employees, owned a certain building known as 2049 Broadway, New York, NY. 9. On or about July 24, 2015, and at all times herein mentioned, the Defendant and/or by its agents, servants and/or employees, controlled a certain building at 2049 Broadway, New York, NY. 10. On or about July 24, 2015, and at all times herein mentioned, the Defendant and/or by its agents, servants and/or employees, maintained a certain building known as McDonald's. 11. On or about July 24, 2015, and at all times herein mentioned, the Defendant, and/or by its agents, servants and/or employees, was the lessor of the building. 12. On or about July 24, 2015, and at all times herein mentioned, the Defendant and/or by its agents, servants and/or employees, was the lessee. 13. On or about July 24, 2015, and at all times herein mentioned, while plaintiff, was a customer at the McDonald's plaintiff was physically and verbally assaulted, and/or maliciously assaulted. 14. That the Defendant has a duty to insure the safety of its customers lawfully present in the above described premises. 15. On or about July 24, 2015, and at all times herein mentioned, plaintiff, was a lawful 3
customer. 16. On or about July 24, 2015, at the Premise, permitting and allowing customers to threaten and carry out physical and verbal attacks, and/or physical and verbal assaults, and/or malicious assaults, upon plaintiffherein. 17. As a direct and proximate cause of the actions of the Defendants, plaintiff sustained serious severe, permanent personal, emotional, psychological and economic injuries. 18. On or about July 24, 2015, and at all times herein mentioned, the said injuries suffered by plaintiff were foreseeably related to the Defendants' negligence, gross negligence, recklessness, willful and wanton conduct. 19. On or about July 24, 2015, and at all times herein mentioned, the Defendants have engaged in a negligent, careless and reckless manner, without regard for the safety of its customers and the plaintiff in particular. 20. On or about July 24, 2015, and at all times herein mentioned, the said injuries suffered by plaintiff were caused solely by the carelessness, negligence, gross negligence, recklessness failure to supervise willful and wanton conduct of the Defendants, without any negligence on the part ofthe plaintiff contributing thereto. 21. That by reason of the foregoing, plaintiff has been and will be caused great bodily injury, pain, embarrassment, humiliation, shock, and mental anguish; and has become and still continues to be sick, sore, lame and disabled; and upon information and belief, these injuries, except as to those of superficial nature, are permanent. That by reason thereof, plaintiff has been prevented from following plaintiffs usual vocation and has been obliged to incur expense and obligations for medicines, medical care, and attention, and treatment and continuous pain and suffering and unable to follow plaintiffs usual vacation, all to plaintiffs damages in the sum which amount sought exceeds the jurisdictional limits of all courts lower than Supreme Court. 4
22. This action falls within one or more of the exemptions set forth in CPLR 1602. 23. Said occurrence and resulting damages occurred with any fault or wrongdoing on the part of the plaintiff contributing thereto. 24. That by reason of the foregoing, plaintiff has been and will be caused great bodily injury, pain, embarrassment, humiliation, shock, and mental anguish; and has become and still continues to be sick, sore, lame and disabled; and upon information and belief, these injuries, except as to those of superficial nature, are permanent. That by reason thereof, plaintiff has been prevented from following her usual vocation and has been obliged to incur expense and obligations for medicines, medical care, and attention, and treatment and continuous pain and suffering and unable to follow his usual vacation, all to her damage in the sum which amount sought exceeds the jurisdictional limits of all courts lower than Supreme Court. WHEREFORE, Plaintiffs demand judgment against the defendants in the sum of an amount that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction over all causes of action, together with the costs and disbursements of this action and interest from the date of verdict rendered thereto. Dated: New York, NY December 1, 2016 NAPOLI SHKOLNIK, PLLC. Attorneys 'or Plaintiff ' Jo. h Napoli, Esq. 11" 360 Lexington Avenue, 1 1 Floor New York, NY 10017 (212) 397-1000 5
ATTORNEY'S VERIFICATION STATE OF NEW YORK } COUNTY OF NEW YORK } } ss.: Joseph Napoli, an attorney duly licensed to practice law in the State of New York hereby affirms the following statements to be true under penalties of perjury: I am a Partner with the law firm of NAPOLI SHKOLNIK, PLLC attorneys of record for the Plaintiff herein. I have read the foregoing AMENDED SUMMONS AND AMENDED VERIFIED 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 as to those matters I believe them to be true. This verification is made by me and not by the Plaintiff because the Plaintiff is not within New York County, the County in which my office is located. The grounds of my belief as to all matters not stated to be upon my own knowledge are as follows: Interviews with the Plaintiff, review of records, reports, documents and letters contained in the file. Dated: New York, New York December 1, 2016 Joseph Napoli, Esq. 6