NYSCEF DOC. NO. 2 NDEX NO. 153967/2017 RECEVED NYSCEF: 05 01/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK t MARA E. DAZ, Plaintiff designates New York County as the place of Trial. Plaintiff(s), The basis of the venue is plaintiffs residence -against- SUPPLEMENTAL SUMMONS TME WARNER CABLE, VERZON NEW Plaintiff resides at. YORK NC, CON EDSON CORP, and 2383 2nd Avenue, Apt 604 GENEST PROPERTES, LLC New York, NY 10035 To the above named Defendant(s): Defendant(s). NDEX 0 153967/17 FEED 4/30/17 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. n the event that Article 16 of the CPLR applies, this case falls within en exception to the same. Dated: New York, New York Defendant(s)' May 1, 2017 Address(es): Time Warner Cable nc., Serve Through Secretary of State) Yours, etc., / -' BY THOMAS P. 'ARK T, SQ OF MRMAN, A TS 4 ' LANDAU, P.C. ' Attorney r Pl tiff(s) Office a d st Office Address 291 Br way - 6th Floor New York, New York 10007 Tel. No.: (212) 227-4000 File No.: 212772 NO SERVCE BY FAX ACCEPTED r' Verizon New York, nc, 140 West Street - 29th Floçr New York, NY 10007 Con Edison Corp., ' 4 rving Place New York, NY 10003 Genest Proeprties LLC P.O. Box 935 Tallman, New York 10982 and by Secy. State PLEASE FORWARD TO YOU S RANCE COMPANY
NYSCEF DOC. NO. 2 NDEX NO. 153967/2017 RECEVED NYSCEF : 05 01/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW Y ORK MARA E. DAZ, Plaintiff(s), AMENDED COMPLANT -against- TME WARNER CABLE, VERZON NEW YORK NC., CON EDSON CORP, and GENEST PROPERTES LLC. Defendant(s). Plaintiffs, by their attorney, MRMAN, MARKOVTS & LANDAU, P.C., for their complaint against the Defendants, allege as follows: AS AND FOR A FRST CAUSE OF ACTON ON BEHALF OF NEW YORK 1, Upon information and belief, at all the dates and times liereinafter mentioned, defendant Time Warner Cable nc., owned premises known as 2212 3rd Avenue, County of 2. Upon information and belief, at all the dates and times hereinafter men'tioned, defendant Time Warner Cable nc. operated premises known as 2212 3rd Avenue, County of 3. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Time Warner Cable nc. controlled premises known as 2212 3rd Avenue, County of 4. Upon information and belief, at all the dates and times hereinafter meptioned, the Defendant Time Warner Cable nc managed premises known as 2212 3rd Avenue, County of 5. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Time Warner Cable nc maintained premises known as 2212 3rd Avenue, County of 6. Upon information and belief, at all the dates and times hereinafter mentioned, Defendant Verizon New York, nc, owned premises known as 2212 3rd Avenue; County of New York, State of New York. 2of6
NYSCEF DOC. NO. 2 NDEX NO, 153 67/2017.. RECEVED NYSCEF: 05 01/2017 7. Upon information and belief, at all the dates and times hereinafter mentioned, defendant Verizon New York, nc operated premises known as 2212 3rd Avenue, County of 8. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Verizon New York, nc controlled premises known as 2212 3rd Avenue, County of 9. Upon information and belief, at all the dates and times hereinafter ment oned, the Defendant Verizon ' New York, nc managed premises known as 2212 3rd Avenue,;County of 10. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Verizon New York, nc maintained premises known as 2212 3rd Avenue, County of 11. Upon information and belief, at all the dates and times hereinafter mentioned, Defendant Con Edison Corp., owned premises known as 2212 3rd Avenue, County of New York, State of New York. 12. Upon information and belief, at all the dates and times hereinafter meptioned, Defendant Con Edison Corp operated premises known as 2212 3rd Avenue, Couâty of New York, State of New York. 1' 13. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Con Edison Corp controlled premises known as 2212 3rd Avenue, County of New York, State of New York. 1' 14. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Con Edison Corp managed premises known as 2212 3rd Avenue, County of New York, State of New York. 1' 15. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Con Edison Corp maintained premises known as 2212 3rd Avenue, County of New York, State of New York. 1' 6. Upon information and belief, at all the dates and times hereinafter mentioned, Defendant Genest Properties LLC, owned premises known as 2212 3rd Avenue, County of New 3 of 6
NYSCEF DOC. NO. 2 NDEX NO. 153 67/2017 RECEVED NYSCEF: 05 01/2017 York, State of New York. 17. Upon information and belief, at all the dates and times hereinafter mentioned, Defendant Genest Properties LLC operated premises known as 2212 3rd Avenue, County of 18. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Genest Properties LLC controlled premises known as 2212 3rd Avenue County of 19. Upon information arid belief, at all the dates and times hereinafter mentioned, the Defendant Genest Properties LLC managed premises known as 2212 3rd Avenue, County of 20. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Genest Properties LLC maintained premises known as 2212 3rd Avenue, County of ' ' 1' 21. Upon information and belief, at all the dates and times hereinafter mentioned, the Plaintiff was lawfully upon and at the premises known as 2212 3rd Avenue, located at County of 22. On or about 7/6/2016, at the premises known as 2212 3rd Avenue, County of New York State of New York, Plaintiff Maria E. Diaz was caused to be injured. ' 23. That the aforesaid injuries to plaintiff Maria E. Diaz occurred solely and wholly through the negligence of the defendants, their agents, servants and employees, in the ownership, leasing, operation, maintenance, control and management of their respective premises and more particularly premises known as 2212 3rd Avenue, County of New York, State of New York, although said defendants knew or should have known of the dangers and hazards there existing and nonetheless failed to remedy same. 24. As a result of the aforesaid, the Plaintiff was rendered sick, sore, lame and disabled, was caused to suffer great pain, was and is internally and externally injured, will continue to ' endure great pain and suffering, and has sustained and will continue to sustain special damages, all to Plaintiffs damage. 25. That as a result of the foregoing, the defendant acted recklessly and wantonly and 4of6
NYSCEF DOC, NO. 2 NDEX NO. 153 67/2017 RECEVED NYSCEF: 05 01/2017 without any regard to the safety of Plaintiff. WHEREFORE, Plaintiff(s) demand judgment against the defendants TM1 WARNER CABLE, VERZONNEW YORK NC and CON EDSON CORP and GENEST PROPERTES, LLC. on the First Cause of Action, together with interest, costs and disbursements of this action. n the event that Article 16 of the CPLR applies, this case falls within an exception to the same. J Dated: New York, New York May 1, 2017 Yours, etc., / MRMAN, M VT 4 LANDAU,.C. Attorney for mtiff(s) Office and Post Office Address 291 Broadway - 6th Floor New York, New York 10007 Tel. No.: (212) 227-4000 File No.: 212772 NO SERVCE BY FAX ACCEPTED 5 of 6
J t.. NDEX NO. 153 67/2017 NYSCEF DOC. NO. 2 RECEVED NYSCEF: 05 01/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARA E. DEAZ, Plaintiff(s), -against- TME WARNER CABLE, VERZON NEW YORK NC., CON EDSON CORP, and GENEST PROPERTES, LLC. Defendant(s). SUMMONS & COMPLANT MRMAN, MARKOVTS 4 LANDAU, P.C. 291 Broadway - 6th Floor New York, New York 10007 Tel. No. (212) 22-4000 6 of.6
f CWk]p S PREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------x â MARA E. DAZ, ndex No.: 153967/2017 -against- Plaintiff(s), VERFED ANSWER TO AMENDED COMPLANT TME WARNER CABLE, VERZON NEW YORK NC. CON EDSON CORP., and GENEST PROPERTES LLC, ----------------------------------------------------x Defendant(s). Defendant TME WARNER CABLE NEW YORK CTY LLC s/h/a TME WARNER CABLE by its attorneys, NEWMAN MYERS KRENES GROSS HARRS, P.C., as and for its answer to plaintiffs verified amended complaint, alleges upon information and belief as follows: 1. Denies each and every allegation contained in paragraphs 1, 2, 3, 4, 5, 23, 24 and 25 of plaintiffs verified amended complaint. 2. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 of plaintiffs verified amended complaint. AS AND FOR A FRST, SEPARATE AND COMPLETE AFFRMATVE DEFENSE 3. f the injuries and damages were sustained by the plaintiff at the time and place and in the manner alleged in the plaintiffs complaint, such damages and injuries are attributable, in whole or in part, to the comparative negligence and culpable conduct of the plaintiff, and if any damages are recoverable against this answering defendant, the amount of such damages shall be diminished in the proportion which the comparative
negligence and culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages. ASAND FORASECOND,SEPARATE AND COMPLETE AFFRMATVE DEFENSE 4. f plaintiff establishes that the condition alleged relates to work performed at the request of the answering defendant, then it will be shown that such work was performed by an independent contractor for whose negligence, if any, this answering defendant is not responsible as a matter of law. AS AND FOR A THRD, SEPARATE AND COMPLETE AFFRMATVE DEFENSE 5. Any and all risks, hazards, defects and damages alleged are of an open, obvious and apparent nature and inherent and known or should have been known to the plaintiff herein, and the plaintiff willingly and voluntarily assumed all such risks, hazards, defects and dangers. AS AND FOR A FOURTH, SEPARATE AND COMPLETE AFFRMATVE DEFENSE 6. That the plaintiff has failed to comply with provisions of CPLR 304, and this summons and complaint is therefore a nullity. AS AND FOR A FFTH, SEPARATE AND COMPLETE AFFRMATVE DEFENSE 7. That this action does not fall within one or more of the exceptions set forth in CPLR 1602 and thus this answering defendant is responsible only for its pro rata share of any verdict that may be rendered against it. -2-
AS AND FOR A SXTH, SEPARATE AND COMPLETE AFFRMATVE DEFENSE i 8. That in the event of any judgment or verdict on behalf of the plaintiff, this defendant is entitled to a set-off or verdict with respect to the amounts of any payments made to the plaintiff for medical and other expenses prior thereto pursuant to Section 4545 of the CPLR. AS AND FOR A SEVENTH, SEPARATE AND COMPLETE AFFRMATVE DEFENSE 9. This action is barred pursuant to 34 R.C.N.Y. 2-11(e) and (f). AS AND FOR AN EGHTH, SEPARATE AND COMPLETE AFFRMATVE DEFENSE 10. n the event plaintiff recovers a verdict or judgment, the verdict or judgment must exclude or be reduced by amounts which, with reasonable certainty, will pay or indemnify plaintiff for past or future medical costs, health care, life care or other economic loss or benefit that is mandated by the Patient Protection and Affordable Care Act, AS AND FOR A CROSS-CLAM AGANST DEFENDANTS, VERZON NEW YORK NC. CON EDSON CORP., and GENEST PROPERTES LLC Defendants" (hereinafter "Cross-Claimed Defendants"), DEFENDANT, TME WARNER CABLE NEW YORK CTY LLC s/h/a TME WARNER CABLE ALLEGES UPON NFORMATON AND BELEF AS FOLLOWS: 11. That if the plaintiff was caused to sustain damages in the manner set forth in the plaintiff's complaint by reasons other than plaintiff's own negligence, breach of contract, violation of law or other acts of omission or commission including but -3-
not limited to those set forth herein, then said damages were sustained by reason of the acts, unjust enrichment, fraud, misrepresentations, breach of contract, violation of law or other acts of omission or commission of the Cross-Claimed Defendants without any breach or fault of this answering defendant TME WARNER CABLE NEW YORK CTY LLC s/h/a TME WARNER CABLE contributing thereto; and if any judgment is recovered herein by the plaintiff against this answering defendant, who will be damaged thereby, Cross-Claimed Defendants are or will be responsible in whole or in part thereof. 12. That by reason of the foregoing, Cross-Claimed Defendants will be liable to this answering defendant, who will be entitled to contribution and to be indemnified in the full amount of said judgment, in the event of a recovery herein by the plaintiff, caused by the relative responsibility of Cross-Claimed Defendants, and Cross- Claimed Defendants are bound to pay any and all attorneys' fees, costs, and disbursements, all to TME WARNER CABLE NEW YORK CTY LLC s/h/a TME WARNER CABLE's special damage, and Cross-Claimed Defendants will be bound to indemnify this answering defendant for any and all judgments, counsel fees, costs and disbursements. WHEREFORE, answering defendant TME WARNER CABLE NEW YORK CTY LLC s/h/a TME WARNER CABLE demands judgment dismissing the plaintiffs verified amended complaint herein as to the said answering defendant and for judgment in
its favor on each of its cross-claims with costs and disbursements, and for such other and further relief as this court deems just and proper. Dated: New York, New York June 2, 2017 Respectfully submitted, NEWMAN MYERS KRENES GROSS HARRS, P.C. Attorneys for Defendant TME WARNER CABLE NEW YORK CTY LLC s/h/a TME WARNER CABLE f fl f f TO: MRMAN, MARKOVTS 8 LANDAU, P.C. Tel. No. (212) 227-4000 No ' Fax No.: (212) 227-5011 By: Charles W. Kreines 40 Wall Street - 26* Floor New York, New York 10005 (212) 619-4350 Our Ref. No.: NTWA 22076 Attorneys for Plaintiff. 291 Broadway - 6th Floor New York, New York 10007 Attention: Thomas P. Markovits, Esq. Verizon New York, nc. 140 West Street - 29th Floor New York, New York 10007 Con Edison Corp. 4 rving Place New York, New York 10003 Genest Properties LLC P.O. Box 935 Tallman, New York 10982-5-
t t f ATTORNEY'S VERFCATON STATE OF NEW YORK ) COUNTY OF NEW YORK ) :ss.:."ss.'. Charles W. Kreines, an attorney admitted to practice in the State of New York, affirms: That the undersigned is a Member of the firm of NEWMAN MYERS KRElNES GROSS HARRS, P.C., attorneys for Defendant TME WARNER CABLE NEW YORK CTY LLC s/h/a TME WARNER CABLE in the within action; that the undersigned has read the foregoing Verified Answer and knows the contents thereof; that the same are true to affirmant's own knowledge, except as to the matters therein stated to be alleged on information and belief; and as to those matters affirmant believes them to be true. The undersigned further states that the reason this affirmation is made by the undersigned and not by defendant is that the defendant resides in a different county than counsel's office. The undersigned affirms that the foregoing statements are true, under the penalty of perjury. Dated:New York, New York June 2, 2017 Charles W. Kreines -6-
AFFDAVT OF SERVCE STATE OF NEW YORK ) :ss.: COUNTY OF NEW YORK ) Jessie Polito, being duly sworn, deposes and says: York. am not a party to this action, am over 18 years of age and reside in Kings County, New On June 2, 2017 served the within VERFED ANSWER TO AMENDED COMPLANT, upon the parties listed below at the addresses designated by said party for that purpose by depositing a true copy of same enclosed in a postpaid, properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. TO: MRMAN, MARKOVTS 8 LANDAU, P.C. Verizon New York, nc. Attorneys for Plaintiff 140 West Street - 29th Floor 291 - Broadway 6th Floor New York, New York 10007 New York, New York 10007 Attention: Thomas P. Markovits, Esq. Con Edison Corp. Genest Properties LLC 4 rving Place P.O. Box 935 New York, New York 10003 Tallman, New York 10982 Sworn to before me this 2 day o yune, 2017, Jessie Polito t NOTARY PUBLC Charles W. Kreines Notary Public, State of New York No. 24-4800077 Qualified in Kings County Commission Expires February 2, 2018-7-
NTWA 22076 f ndex No. 153967 Year 2017 RJi No. Hon.. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARA E. DAZ, Plaintiff(s), -against- TME WARNER CABLE, VERZON NEW YORK NC. CON EDSON CORP., and GENEST PROPERTES LLC, Defendant(s).. VERFED ANSWER TO AMENDED COMPLANT NEWMAN MYERS KRENES GROSS HARRS, P.C. Attorneys for Defendant - TWC Office and Post Office Address, Telephone 40WALL STREET-26 FLOOR NEwYoRK, NEWYORK 10005 (212)619-4350 To Signature (Rule 130-1.1-a)... Print name beneath Attorney(s) for Service of a copy of the within is hereby admitted. Dated,... Attorney(s) for Please take notice Li NOT(CE OFENTRY that the within is a (certified) true copy of a duly entered n the office of the clerk of the within named court on O NOTCE OFSETTLEMENT that an order 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 at M Dated, Yours, etc. NEWMAN MYERS KRENES GROSS HARRS, P.C. Attomeys for To Office and Post Office Address 40 WALLSTREET- 26 26 FLOOR Attorney{s) for NEw YoRK, NEw YoRK 10005