FILED: BRONX COUNTY CLERK 02/26/2016 02:59 PM INDEX NO. 20208/2015E NYSCEF DOC. NO. 73 RECEIVED IFILED: BRONX COUNTY CLERK 12/23/2015 04:10 pij INDEXNYSCEF: NO. 27059/2015E 02/26/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2015 SUPREMECOURTOFTHE STATEOF NEW YORK COUNTYOF BRONX Anthony Pacheco Index No. Date purchased -against- JASMIN EDUCATIONALENTERPRISES, INC. Plaintiff, Plaintiff designates BRONX County as the place of trial. The basis of the venue is Plaintiffs residence $UmmOn~ Defendant. Plaintiff resides at 2475 Southern Boulevard Apt. log Bronx New York 104S8 ~OU are berebp summenen 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 twenty (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. Dated: New York, New York December 23,2015 Ronald B. Groman Esq. STEINSCHWARTZCHESIR& ROSH,LLP Attorneys for Plaintiffs Office and Post Office Address 845 Third Avenue - 11th Floor New York, New York 10022 Defendants' Address: Jasmin Educational Enterprises, Inc. 5720 Mosholu Avenue Bronx, New York10471
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BROl'D{ x ANTHONY PACHECO Index No.: Plaintiff, -against- VERIFIED COMPLAINT JASMIN EDUCATIONAL ENTERPRISES, INC. Defendant. x Plaintiff, by his attorneys, Stein Schwartz Chesir & Rosh, LLP, complaining of the Defendant, JASMIN EDUCATIONAL ENTERPRISES, INe. alleges upon information and belief as follows: FIRST: At all times hereinafter mentioned, Defendant, Jasmin Educational Enterprises, Inc, (hereinafter Jasmin) was a corporation duly organized to do business in the State of New York. SECOND: At all times hereinafter mentioned Defendant, Jasmin leased and was a tenant at the premises located at 31-00 47 th Avenue, Long Island City, New York 11101, specifically the loading dock and area designated as number 11. THIRD: At all times hereinafter mentioned Defendant, Jasmin maintained the premises located at 31-00 47 th Avenue, Long Island City, New York 11101, specifically the loading dock and area designated as number 11. FOURTH: At all times hereinafter mentioned Defendant, Jasmin controlled the premises located at 31-00 47 th Avenue, Long Island City, New York 1110 l, specifically the loading dock and area designated as number 11.
FIFTH: At all times hereinafter mentioned Artcore Fine Art Service, Inc. was a co-tenant with defendant at said premises located at 31-00 47 Th Avenue, Long Island City, New York 11101 specifically the loading dock and area designated as number 11. SIXTH: At all times hereinafter mentioned, Plaintiff Anthony Pacheco was employed by Artcore Fine Art Services, Inc. located at 31-00 47th Avenue, Long Island City, New York 11101 as a truck driver. SEVENTH: On or about December 28, 2012, while Plaintiff Anthony Pacheco was carefully utilizing and operating a table saw at 31-00 47th Avenue, Long Island City, New York 1110 1, specifically the loading dock and area designated as number 11 without any negligence or carelessness on his part contributing thereto, but due solely to the aforesaid negligence of Defendant, said Plaintiff sustained serious personal injuries during the course of the operation of said table saw. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT JASMIN EDUCATIONAL ENTERPRISES, INC. EIGHTH: Plaintiff repeats, realleges and reiterates each and every allegation set forth in paragraphs of the Complaint numbered "FIRST" through "SEVENTH" with full force and effect as though at full length set forth herein. NINTH: Defendant The aforesaid occurrence was due to the negligence of Jasmin Educational Enterprises, Inc. by its agents, servants and employees in the maintenance and control of said prernises, in that the Defendant 2
failed to properly keep said premises in a safe and non-hazardous condition; in causing and permitting a hazardous and dangerous activity to be conducted in said premises namely the operation and use of a dangerous and defective table saw; in permitting a hazardous condition to exist and remain on said premises so as to be a danger and hazard to persons employed there including the Plaintiff, all with notice to this Defendant, its agents, servants and/or employees in causing Plaintiff to be injured by a table saw thereby sustaining personal injuries and in other regards, being careless and negligent. TENTH: By reason thereof, Plaintiff Anthony Pacheco sustained personal injuries, some of which will be permanent in nature. Plaintiff was seriously injured when powerfully struck by an object detonated and propelled with great force from the operation of the said saw, striking Plaintiff's Left eye and penetrating to the interior thereof causing loss of sight thereof. He was made sick, sore and disabled and so remains. He required and will require medical attention and be obligated to pay same. He lost earnings and he was otherwise damaged, all to his damage in an amount in excess of the jurisdictional limits of any lower Court, which would otherwise have jurisdiction over the matter of this action. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT JASMIN EDUCATIONAL ENTERPRISES, INC. ELEVENTH: Plaintiff repeats, realleges and reiterates each and every allegation set forth in paragraphs of the Complaint numbered "FIRST" through "TENTH" with full force and effect as though at full1ength set forth herein. 3
TWELFTH: On the injury date while Plaintiff was working at Defendant Jasmin Educational Enterprises, Inc. premises, Defendant, Jasmin Educational Enterprises, Inc. was unmindful of its lawful duty and obligation to furnish and provide said plaintiff with a safe place within which to work, failed to provide working conditions, safety devices, methods, and means which would have provided said plaintiff with a safe place in which to work; failed to comply with the Labor laws of the State of New York, sections 200, 240, and 241, the Occupational Safety and Health act, and were generally careless and reckless in the operation of their business, premises and property without any concern for the safety of said plaintiff, and all in violation of the Labor Laws of the State of New York and the laws of the United States, and unlawfully and negligently caused said plaintiff to be seriously and permanently injured as a result thereof. TIITRTEENTH: By reason thereof, Plaintiff, Anthony Pacheco sustained personal injuries, some of which will be permanent in nature. Plaintiff was seriously injured when powerfully struck by an object detonated and propelled with great force from the operation of the said saw, striking Plaintiff's Left eye and penetrating to the interior thereof causing loss of sight thereof. He was made sick, sore and disabled and so remains. He required and win require medical attention and be obligated to pay same. He lost earnings and he was otherwise damaged, all to his damage in an amount in excess of the jurisdictional limits of any lower Court, which would otherwise have jurisdiction over the matter of this action. WHEREFORE, the Plaintiff demands judgment against the Defendant on each Cause of Action in an amount in excess of the jurisdictional limits of any lower court 4
which would otherwise have jurisdiction over this matter plus costs and disbursements of this action. Dated: New York, New York December 22,2015 Yours, etc., STEIN SCHWARTZ CHESIR & ROSH, LLP,6 Ji..nr-#1 Ronald B. Groman, Esq. Attorneys for Plaintiff 140 East 45th Street New York, NY 10017 (212) 697-7220 5
VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) SS.: RONALD B. GROMAN, an attorney admitted to practice law in the Courts of the State of New York, states that I am associated with STEIN SCHWARTZ CHESIR & ROSH, LLP the attorney of record for the Plaintiff in the within action; I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not by Plaintiff is that Plaintiff does not reside in the County in which Deponent maintains his office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Information contained in the files and conversations with Plaintiff. Dated: New York, New York December 23,2015 RO
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------X ANTHONY PACHECO, INDEX NO.: Pl.aintiff, -against- JASMIN EDUCATIONAL ENTERPRISES, INC. Defendants. --------------------------------------x SUMMONS AND VERIFIED COMPLAINT Yours, ete. I STEIN SCHWARTZ CHESIR & ROSH, LLP Attorneys for Defendants ANTHONY PACHECO 845 Third Avenue, 11~ Fl.r. New York, New York 10022 (212) 212-697-7220