FILED: KINGS COUNTY CLERK 01/29/2016 02:48 PM INDEX NO. 501194/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/29/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------)( JASON FALCON, Plaintiff, -against- THE CITY OF NEW YORK, NYC DEPARTMENT OF TRANSPORTATION, WELSBACH ELECTRIC CORP, AND DENZIL OF HAMILTON, Index No.: Date Purchased: SUMMONS Plaintiff designates KINGS County as the place of trial. The basis of venue is: Place of Occurrence Defendants. --------------------------------------------------------------------)( To the above named Defendant(s) You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, of if the complaint is not served with this summons, to serve a notice of appearance on the plaintiffs attomey(s) within twenty days after the services of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York January 27, 2016 ( By:. MERLINO, l\tto eys for Plaintiffs A ess and Telephon Number 2 Madison A venue New York, NY 10016 (212) 685-7800 File No.: SRY16-002 TO: THE CITY OF NEW YORK 100 Church Street New York, NY 10007
NYC DEPARTMENT OF TRANSPORTATION Office of the New York City Comptroller Municipal Building New York, NY 10007 WELSBACH ELECTRIC CORP CIO EMCOR GROUP 301 Merrit Seven/ 6 1 h Floor Norwalk, CT 06851 DENZIL OF HAMIL TON 447 Newport Street Brooklyn, NY 11207 This Summons and Complaint is being Served pursuant to New York State Vehicle and Traffic Law 253
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------)( JASON FALCON, Plaintiff, -against- Index No.: Date Purchased: VERIFIED COMPLAINT THE CITY OF NEW YORK, NYC DEPARTMENT OF TRANSPORTATION, WELSBACH ELECTRIC CORP, AND DENZIL OF HAMILTON, Defendants. --------------------------------------------------------------------)( Plaintiff, JASON FALCON by his attorneys, WILLIAM SCHWITZER & ASSOCIATES, P.C., complaining of the defendant herein, respectfully shows to this court and alleges as follows: 1. That at all of the times hereinafter mentioned, and upon information and belief, the defendant, THE CITY OF NEW YORK, was a municipal corporation duly organized and existing under and by virtue of the Laws of the State of New York. 2. That on February 3, 2015, a Notice of Claim was served on the defendant, THE CITY OF NEW YORK, prior to the commencement of this action. 3. That on February 3, 2015, JASON FALCON, herein duly presented in writing to the defendant, THE CITY OF NEW YORK, the claim for damages herein set forth and upon which this action is founded and that said claim was presented for adjustment.
4. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, THE CITY OF NEW YORK, has failed and refused to make an adjustment of any claim herein set forth. 5. A hearing pursuant to 50(h) of the General Municipal Law was waived by defendant, THE CITY OF NEW YORK. 6. That at all of the times hereinafter mentioned, and upon information and belief, the defendant, NYC DEPARTMENT OF TRANSPORTATION, was a municipal corporation duly organized and existing under and by virtue of the Laws of the State of New York. 7. That on February 3, 2015, a Notice of Claim was served on the defendant, NYC DEPARTMENT OF TRANSPORTATION, prior to the commencement of this action. 8. That on February 3, 2015, JASON FALCON, herein duly presented in writing to the defendant, NYC DEPARTMENT OF TRANSPORTATION, the claim for damages herein set forth and upon which this action is founded and that said claim was presented for adjustment. 9. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, NYC DEPARTMENT OF TRANSPORTATION, has failed and refused to make an adjustment of any claim herein set forth. 10. A hearing pursuant to 50(h) of the General Municipal Law was waived by defendant, NYC DEPARTMENT OF TRANSPORTATION. 2
11. That all conditions precedent to the bringing of this action have been complied with. 12. That this action was commenced within one year and ninety (90) days after the accrual of the cause of action herein. 13. That at all the times hereinafter alleged, and upon information and belief, the defendant, WELSBACH ELETRIC CORP, was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of Connecticut. 14. That at all the times hereinafter alleged, and upon information and belief, the defendant, WELSBACH ELETRIC CORP, was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of Connecticut. 15. That at all the times hereinafter alleged, and upon information and belief, the defendant, WELSBACH ELETRIC CORP, was a company organized and existing under and by virtue of the laws of the State of Connecticut. 16. That at all of the times hereinafter mentioned, and upon information and belief, the defendant, WELSBACH ELETRIC CORP, maintained a principal place of business in the City of Norwalk and State of Connecticut. 17. That at all the times hereinafter alleged, and upon information and belief, the defendant, THE CITY OF NEW YORK, owned the traffic light on Saratoga A venue at near or its intersection with Livonia Avenue, in the County of Kings, City and State of New York. 3
18. That at all the times hereinafter alleged, and upon information and belief, the defendant, THE CITY OF NEW YORK, operated the traffic light on Saratoga A venue at near or its intersection with Livonia Avenue, in the County of Kings, City and State of New York. 19. That at all the times hereinafter alleged, and upon information and belief, the defendant, THE CITY OF NEW YORK, maintained the traffic light on Saratoga Avenue at near or its intersection with Livonia Avenue, in the County of Kings, City and State of New York. 20. That at all the times hereinafter alleged, and upon infonnation and belief, the defendant, THE CITY OF NEW YORK, controlled the traffic light on Saratoga Avenue at near or its intersection with Livonia Avenue, in the County of Kings, City and State of New York. 21. That at all the times hereinafter alleged, and upon information and belief, the defendant, NYC DEPARTMENT OF TRANSPORTATION, owned the traffic light on Saratoga A venue at near or its intersection with Livonia A venue, in the County of Kings, City and State of New York. 22. That at all the times hereinafter alleged, and upon information and belief, the defendant, NYC DEPARTMENT OF TRANSPORTATION, operated the traffic light on Saratoga A venue at near or its intersection with Livonia A venue, in the County of Kings, City and State of New York. 23. That at all the times hereinafter alleged, and upon information and belief, the defendant, NYC DEPARTMENT OF TRANSPORTATION, maintained the traffic light on Saratoga A venue at near or its intersection with Livonia A venue, in the County of Kings, City and 4
State of New York. 24. That at all the times hereinafter alleged, and upon information and belief, the defendant NYC DEPARTMENT OF TRANSPORTATION, controlled the traffic light on ' Saratoga Avenue at near or its intersection with Livonia Avenue, in the County of Kings, City and State of New York. 25. That at all the times hereinafter alleged, and upon information and belief, the defendant, WELSBACH ELETRIC CORP, owned the traffic light on Saratoga Avenue at near or its intersection with Livonia A venue, in the County of Kings, City and State of New York. 26. That at all the times hereinafter alleged, and upon information and belief, the defendant, WELSBACH ELETRIC CORP, operated the traffic light on Saratoga Avenue at near or its intersection with Livonia A venue, in the County of Kings, City and State of New York. 27. That at all the times hereinafter alleged, and upon information and belief, the defendant, WELSBACH ELETRIC CORP, maintained the traffic light on Saratoga Avenue at near or its intersection with Livonia Avenue, in the County of Kings, City and State of New York. 28. That at all the times hereinafter alleged, and upon information and belief, the defendant, WELSBACH ELETRIC CORP, controlled the traffic light on Saratoga Avenue at near or its intersection with Livonia Avenue, in the County of Kings, City and State of New York. 29. That on November 9, 2014, and upon information and belief, the plaintiff, JASON FALCON, operated a motor vehicle bearing New York registration number T619189C. 5
30. That on November 9, 2014, and upon information and belief, the defendant, DENZIL OF HAMILTON, was the owner of a motor vehicle bearing New York registration number EEYl 935. 31. That on November 9, 2014, and upon information and belief, the defendant, DENZIL OF HAMILTON, operated a motor vehicle bearing New York registration number EEY1935. 32. That on November 9, 2014, and upon information and belief, the defendant, DENZIL OF HAMILTON, maintained a motor vehicle bearing New York registration number EEY1935. 33. That on November 9, 2014, and upon information and belief, the defendant, DENZIL OF HAMILTON, managed a motor vehicle bearing New York registration number EEY1935. 34. That on November 9, 2014, and upon information and belief, the defendant, DENZIL OF HAMIL TON, controlled a motor vehicle bearing New York registration number EEY1935. 35. That on November 9, 2014, at all of the times hereinafter mentioned Saratoga A venue at near or its intersection with Livonia A venue, in the County of Kings, City and State of New York, was and still is a public highway used extensively by the public in general. 6
36. That on November 9, 2014, at the aforesaid location, the aforesaid motor vehicles came in contact one with the other. 37. That the aforesaid accident and injuries resulting there from were due solely and wholly as a result of the careless and negligent manner in which the defendants owned, operated, maintained, managed and controlled their motor vehicles without the plaintiffs in any way contributing thereto. 38. That by reason of the foregoing and the negligence of the defendants, the plaintiff JASON FALCON, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 39. That by reason of the foregoing, the plaintiff, JASON FALCON, was compelled to and did necessarily r.equire medical aid and attention, and did necessarily pay and become liable therefore for medicines and upon information and belief, the plaintiff, JASON FALCON, will necessarily incur similar expenses. 40. That by reason of the foregoing, the plaintiff, JASON FALCON, has been unable to attend to his usual occupation in the manner required. 41. That by reason of the wrongful, negligent and unlawful actions of the defendants, as aforesaid, the plaintiff, JASON FALCON, sustained serious injuries as defined in Section 5102 ( d) of the Insurance Law of the State of New York, and has sustained economic loss greater than basic economic loss as defined in Section 5102 of the said Insurance Law. 7
42. That one or more of the exceptions of 1602 of the Civil Practice Law and Rules applies to the within action. 43. That as a result of the foregoing, the plaintiff, JASON FALCON sustained damages in the amount that exceeds the jurisdictional limits of the lower Courts. AND AS FOR A SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF, JASON FALCON 44. Plaintiffs repeat and reiterate each and every allegation contained in paragraphs of the First Cause of Action marked "1" through "43" inclusive, with the same force and effect as though more fully set forth at length herein. functional. 45. That on November 9, 2014, the traffic light at the aforementioned location was not 46. That the aforesaid accident was due solely and wholly as a result of the careless and negligent manner in which the defendants owned, operated, maintained, controlled and managed the aforesaid non-working, defective and/or broken traffic light at the aforesaid location, without the plaintiff in any way contributing thereto. 47. That the defendants herein were negligent, reckless and careless in that they violated their duties to persons on the aforesaid non-working, defective and/or broken traffic light at the aforesaid location and to this plaintiff in particular, in knowingly permitting, suffering and allowing the aforesaid non-working, defective and/or broken traffic light at the aforesaid location to be, 8
become and remain in a defective, unsafe and dangerous condition, and was further negligent in failing to take suitable precautions for the safety of persons lawfully using the aforesaid nonworking, defective and/or broken traffic light at the aforesaid location. 48. That by reason of the foregoing and the negligence of the defendants, the plaintiff, JASON FALCON, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 49. That by reason of the foregoing, the plaintiff, JASON FALCON, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liable therefore for medicines and upon information and belief, the plaintiff, JASON FALCON, will necessarily incur similar expenses. 50. That by reason of the foregoing, the plaintiff, JASON FALCON, has been unable to attend to his usual occupation in the manner required. 51. That by reason of the wrongful, negligent and unlawful actions of the defendants, as aforesaid, the plaintiff, JASON FALCON, sustained serious injuries as defined in Section 5102 (d) of the Insurance Law of the State of New York, and has sustained economic loss greater than basic economic loss as defined in Section 5102 of the said Insurance Law. 52. That one or more of the exceptions of 1602 of the Civil Practice Law and Rules applies to the within action. 9
53. That as a result of the foregoing, the plaintiff, JASON FALCON, sustained damages in the amount that exceeds the jurisdictional limits of the lower Courts. WHEREFORE, plaintiff, JASON FALCON, demands judgment against the defendants in the amount that exceeds the jurisdictional limits of the lower Courts, all together with costs and disbursements of this action. Dated: New York, New York January 27, 2016 TZER & ASSOCIATES, P.C. 10
ST A TE OF NEW YORK ) SS COUNTY OF NEW YORK) I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff(s) in ths: within action; I have read the foregoing SUMMONS AND 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 to be true. The reason this verification is made by me and not by my client(s), is that my client(s) are not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York January 27, 2016 11
.. Index No. SUPREME COURT OF THE STA TE OF NEW YORK COUNTY OF KINGS JASON FALCON, -against- Plaintiff, THE CITY OF NEW YORK, NYC DEPARTMENT OF TRANSPORTATION, WELSBACH ELECTRJC CORP, AND DENZIL OF HAMILTON Defendants. =========================================--==-~-===================== SUMMONS AND VERIFIED COMPLAINT WILLIAM SCHWITZER & ASSOCIATES, P.C. Attorneys for Plaintiffs 112 MADISON A VENUE NEW YORK, N.Y. 10016 (212) 685-7800 Our File: SRY16-002 12