FILED : NEW µyork COUNTY CLERK 10/24 /2014 04 : 5 4 INDEX NO. at ~ PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2014 NEW' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------X X KAELIN ISABELLE SUH, an infant ~ by her father r and Index No.: /14 natural guardian, CHAN SUH and Date Purchased: /14 CHAN SUH, individually, ~ SUMMONSI Plaintiffs, a Plaintiffs designate New York -against- County as the place of trial. DUNWELL ELEVATOR ELECTRICAE Basis of venue: Plaintiffs' INDUSTRIES, INC., RECHERCHE REALTY INC. residence address: ~ ~ and SYNOPTIC MANAGEMENT CORP., 428 ~ Broome w Street New York, New York 10013. Defendants. ------------------------------------------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY a 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 attorneys 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 Stater of New York); and in case of your failure r to appear or answer, judgment will be taken ~ against you by default a for the relief demanded ~ in the complaint. Dated:..I New York, New York October 20, 2014. Yours etc., ~ ~ GAIR, GAIR, CONASON, STEIGMAN, ' r MACKAUF, BLOOM & RUBINOWITZ Attorneys for Plaintiffs BEN B. RU INO TZ -- 34' 34* 80«I Pine ' Street, Floor New York, New York 10005 (212) 943-1090 a ~ ~ TO: SEE ATTACHED SERVICE RIDER
SERVICE RIDER DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC, 879 Grand Street Brooklyn, New York 11572 RECHERCHE REALTY INC. c/o Hanley & Goble 233 Broadway, Suite 2701 New York, New York 10279 SYNOPTIC MANAGEMENT CORP. c/o David Steinberg 89d" 252 East Street New York, New York 10028 2
CHAN SUH, individually, VERIFIED COMPLA1NT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------X -- â â â KAELIN ISABELLE SUH, an infant by her father and Index No.: /14 natural guardian, CHAN SUH and Plaintiffs, -against- DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., RECHERCHE REALTY INC. and SYNOPTIC MANAGEMENT CORP., -----------------------------------------X Defendants, Plaintiffs, complaining of the defendants, by and through their attorneys, GAIR, GAIR, CONASON, STEIGMAN, MACKAUF, BLOOM 8 RUBINOWITZ, respectfully allege as follows: 1. Upon information and belief, that at all times herein mentioned, defendant, DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., was and still is a domestic business corporation duly existing under and by virtue of the laws of the State of New York. 2. Upon information and belief, that at all times herein mentioned, defendant, RECHERCHE REALTY INC., was and still is a domestic business corporation duly existing under and by virtue of the laws of the State of New York. 3. Upon information and belief, that at all times herein mentioned, defendant, SYNOPTIC MANAGEMENT CORP., was and still is a domestic business corporation duly existing under and by virtue of the laws of the State of New York. 4. Upon information and belief, that at all times herein mentioned, defendant, RECHERCHE REALTY INC., was the owner of the premises located at 428 Broome Street/41
Crosby Street, New York, New York 10013, including, but not limited, the elevator and its appurtenances. 5. Upon information and belief, on March 21, 2014, and for sometime prior thereto, defendant, RECHERCHE REALTY INC., maintained, managed, operated and controlled the aforesaid premises located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 6. Upon information and belief, on March 21, 2014, and for sometime prior thereto, defendant, RECHERCHE REALTY INC., maintained, managed, operated and controlled the elevator and its appurtenances located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 7. Upon information and belief, that at all times herein mentioned, defendant SYNOPTIC MANAGEMENT CORP., was the managing agent of the premises located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 8. Upon information and belief, that at all times herein mentioned, defendant SYNOPTIC MANAGEMENT CORP., its agents, servants and employees maintained, managed, operated and controlled the aforesaid premises located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 9. Upon information and belief, on March 21, 2014, and for sometime prior thereto, defendant, SYNOPTIC MANAGEMENT CORP,, its agents, servants and employees maintained, managed, operated and controlled the elevator and its appurtenances located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 10. Upon information and belief, at sometime prior to March 21, 2014, defendant, DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., entered into a contract with 2
defendant, RECHERCHE REALTY INC., to keep and maintain the elevator and its appurtenances in good repair located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 11. Upon information and belief, that at all times herein mentiond, defendant, DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., had assumed exclusive control of the elevator and its appurtenances located at 428 Broome Street/41 Crosby Street, New York, New York 10013, pursuant to the aforesaid contract with defendant, RECHERCHE REALTY INC. 12. Upon information and belief, the aforesaid contract between defendant, DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., and defendant, RECHERCHE REALTY INC., was in effect on March 21, 2014. 13. Upon information and belief, at sometime prior to March 21, 2014, defendant, DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., entered into a contract with defendant, SYNOPTIC MANAGEMENT CORP., to keep and maintain the elevator and its appurtenances in good repair located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 14. Upon information and belief, that at all times herein mentioned, defendant, DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., had assumed exclusive control of the elevator and its appurtenances located at 428 Broome Street/41 Crosby Street, New York, New York 10013, pursuant to the aforesaid contract with defendant, SYNOPTIC MANAGEMENT CORP, 15. Upon information and belief, the aforesaid contract between defendant, 3
DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., and defendant, SYNOPTIC. MANAGEMENT CORP., was in effect on March 21, 2014. 16. Upon information and belief, at all times herein mentioned and for some time prior thereto, defendant, DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., serviced the elevator and its appurtenances located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 17. Upon information and belief, that at all times herein mentioned and for some time prior thereto, defendant, DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., maintained the elevator and its appurtenances located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 18. Upon information and belief, that at all times herein mentioned and for some time prior thereto, defendant, DUNWELL ELEVATOR ELECTRICAL INDUSTRIES, INC., inspected the elevator and its appurtenances located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 19. Upon information and belief, that at all times herein mentioned and for some time prior thereto, defendant, DUNWELL BLEVATOR ELECTRICAL INDUSTRIES, INC., repaired the elevator and its appurtenances located at 428 Broome Street/41 Crosby Street, New York, New York 10013. 20. On March 21, 2014, and for some time prior thereto, the aforesaid elevator and its appurtenances were in a dangerous, defective, hazardous and unsafe condition. 21. On March 21, 2014, and for some time prior thereto, the defendants knew, or should have known, that the aforesaid elevator and its appurtenances were in a dangerous, 4
defective, hazardous and unsafe condition. 22. On March 21, 2014, the infant plaintiff, KAELIN ISABELLE SUH, attempted to board the elevator located at 428 Broome Street/41 Crosby Street and was caused to sustain severe and permanent injuries when she fell into the elevator shaft due to the dangerous, defective, hazardous and unsafe conditions of the elevator and its appurtenances. 23. The aforesaid occurrence was caused and contributed to by the negligence, carelessness and recklessness of the defendants, their agents, servants and employees in the ownership, maintenance, management, operation, control, repair, service, installation arid inspection of the aforesaid elevator and its appurtenances in: violating the American Society of Mechanical Engineers/American National Standards Institute's and/or other applicable organizations' safety codes and standards for elevators; causing, permitting and allowing a defective, dangerous, hazardous and unsafe condition on the subject elevator of which the defendants had actual and/or constructive notice; failing to correct or rectify the defective, dangerous, hazardous and unsafe condition despite actual and/or constructive knowledge; negligently failing to post warnings with regard to the defective, dangerous, hazardous and unsafe condition on the elevator; failing to properly and adequately warn elevator passengers of the defective, dangerous, hazardous and unsafe condition on the elevator; failing to employ adequate safety measures, procedures and protocols to prevent the opening of the elevator doors when the elevator car was not present; failing to use reasonable care in the operation of the elevator; failing to install sensors or other safety devices on the elevator designed to prevent the elevator doors from opening when the elevator was not present; and lacking the requisite skill, training, knowledge and experience in the operation, inspection, maintenance and repair of the 5
elevator. 24. By reason of the foregoing, the infant plaintiff, KAELIN ISABELLE SUH, sustained severe and permanent injuries to her head, limbs and body, including, but not limited to, multiple fractures necessitating surgical intervention, a severe shock to her nervous system, certain internal injuries and has been caused to suffer severe physical pain and mental anguish as a result thereof, and upon information and belief, some or all of these injuries are of a permanent and lasting nature; that the infant plaintiff, KAELIN ISABELLE SUH, has been caused to be confined to hospital, bed and home as a result thereof, and has been forced to abstain from the duties of her vocation and/or school, and has expended or will become obligated to expend sums of money for medical expenses. 25. It is hereby alleged pursuant to CPLR 1603 that the foregoing cause of action is exempt from the operation of CPLR 1601 by reason of one or more of the exemptions provided in CPLR 1602, including but not limited to CPLR I602(7) and 1602(2)(iv). 26. That the amount of damages sought exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 27. The plaintiffs repeat, reiterate, and reallege each and every allegation contained in those paragraphs of this complaint marked "1" through "26" inclusive, with the same force and effect as if fully set forth at length herein. 28. By reason of the foregoing, plaintiff, CHAN SUH, has been deprived of the services and companionship of his daughter, the infant plaintiff, KAELIN ISABELLE SUH, which accrued to him by reason of his parental status, and has been caused to expend sums of 6
money for medical and other care and treatment of the infant plaintiff and, upon information and belief, will continue to incur such medical and other expenses on behalf of the infant plaintiff. 29. It is hereby alleged pursuant to CPLR 1603 that the foregoing cause of action is exempt from the operation of CPLR 1601 by reason of one or more of the exemptions provided in CPLR 1602, including but not limited to CPLR 1602(7) and 1602(2)(iv). 30. That the amount of damages sought exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, the plaintiffs demand judgment against the defendants on the first and second causes of action for compensatory damages together with interest, costs and disbursements of this action. Dated: New York, New York October 20, 2014 Yours etc., GAIR, GAIR, CONASON, STEIGMAN, MACKAUF, BLOOM & RUBINOWITZ Attorneys for Plaintiffs BEN B. RU I OWITZ 34th 80 Pine Street, Floor New York, New York 10005 (212) 943-1090 i 7
STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) ss.: CHAN SUH, being duly sworn, deposes and says: I am a plaintiff in the within action; I have read the foregoing SUMMONS AND VERIFIED COMPLAINT and know the contents thereof; that 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. CHAN S & Sworn to before me this day of October, 2014 otary Public MIN M005 NHN'Plf8UC 30@qfW%rk Ho. 0lhkl5012017 Quauffedin SuffolkCount y Corurrusuiurr ExpiresAurprst 17, 20J9