NYSCEF DOC. NO. 21 RECEVED NDEXNYSCEF: NO. 155819/2016 02/27/2018 FLED: NEW YORK COUNTY CLERK 07/13/2016 04 : 42 PM NYSCEF DOC. NO. 1 RÈCEVED NYSCEF: 07/13/2016 Supreme Court of the State of New York County of New York SUSAN J. ElNBNDER and JEFFREY S. ENBNDER, ndex # Date Filed: Plaintiff(s) designatg(s) New York County as the place of trial The basis of venue is resi- -against- -re gltzsl- RESTORATON HARDWARE, NC., TANGER PROPERTES LMTED PARTNERSHP, TANGER FACTORY OUTLET CENTERS, NC. and HOGAN Plaintiff(s). dence of a party. Summons RVERHEAD, LLC Plaintiff(s) reside(s) at Defendant(s). 102 Farmers Aventle Bethpage, NY 11714 County of Nassau 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, or, if the complaint is not served with the summons, to serve a notice of appearance, on the Plaintiffs Attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (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, July 8, 2016 Defendants address: Tanger Properties Limited Partnership c/o CT Steven B. Ewall, Esq. Corporation System, 111 Eighth Ave, New York, NY 10011; Atto Tanger Factory Outlet Centers, nc. c/o CT Corporation System, Ewall k Ewall, y s or Esqs. 1 inti f 111 Eighth Ave, New York, NY 10011; Office and Post Office Address Restoration Hardware, nc., 15 Koch Road, Suite K, Corte CA 94925; Madera,Huntington N w Yo k 11743-4548 Hogan Riverhead, LLC, 108 Forest Ave, Locust Valley, NY 11560 Notice: The nature of this action is in negligence for personal injuries and loss of services. The relief sought is: an amount which exceeds the jurisdictional limits of all lower courts which Would otherwise have jurisdiction Upon your failure to appear, judgment will be taken against you for default for an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction with interest from November 2, 2014 and the costs of this action.
NYSCEF DOC. NO. 21 RECEVED NYSCEF: 02/27/2018 f : i. SUPREMECOURTOFTHESTATEOFNEWYORK COUNTY OF NEW YORK SUSAN J. ENBNDERandJEFFREY S. ENBNDER VERFED COMPLANT -against- Plaintiff(s), ndex # RESTORATON HARDWARE, NC., TANGER PROPERTES LMTED PARTNERSHP, TANGER,. FACTORY OUTLET CENTERS, NC. and HOGAN t RVERHEAD,LLC, Defendant(s). Plaintiffs, by their attorneys Ewall & Ewall, Esqs. complaining of the defendants, upon t information and belief, allege as follows: AS AND FOR A FRST CAUSE OF ACTON N BEHALF OF THE PLANTFF SUSAN J. ENBNDER 1. At all times hereinafter mentioned, the plaintiffs were and still is are residents of the County of Suffolk, State of New York. 2. At all times hereinafter mentioned, defendant RESTORATON HARDWARE, LNC. was and still is a foreign corporation duly authorized to transact business within the State of New York, with a principal place of business within the State located in the County of New York, } City and State of New York. l 3. At all times hereinafter mentioned, defendant TANGER PROPERTES JMTED i j ; PARTNERSHP was and still is a foreign corporation duly authorized to transact business within l i VeriTied Verified Comphint Complaint Susan Sttsaa J, J. Hnbinder Ei nl>i>tder e( et ano. aaa. ~s.- -t s.- Resupration Re,vtaratina Hardware. Hardl~are. nc, nc. e( et al. Pals, Page 1 ef of 11l 2 of 14
the State of New York, with a principal place of business within the State located in the County of New York, City and State of New York. ; 4. At all times hereinafter mentioned, defendant TANGER FACTORY OUTLET CENTERS, NC. was and still is a foreign corporation duly authorized to transact business within the State of. New York, with a principal place of business within the State located in the County of New :, York, City and State of New York. 5. At all times hereinafter mentioned, the defendant HOGAN RVERHEAD, LLC was and still is a general partnership organized and existing under and by virtue of the laws of the state of ;; New York, with a principal place of business within the State located within the County of New York, City and State of New York. j 6. That at all times hereinafter mentioned, defendant RESTORATON HARDWARE, NC. operated, maintained and controlled the outlet store known as Restoration Hardware Outlet store, located at the Tanger Factory Outlet shopping area 1770 West Main Street, #512, Riverhead, Hardware" :,, County of Suffolk and State of New York (hereinafter "Restoration Hardware") including the sidewalk, footway and parking areas abutting and in the vicinity of the store. 7. That at all times hereinafter mentioned, the defendant TANGER PROPERTES :,: LMTED PARTNERSHP was the lessee of the premises commonly known as the Tanger Factory Outlet Center (hereinafter "Tanger Outlets") at 1770 West Main Street, Riyerhead, Verified Complaint Susan J. Einbinder et ano. -use Restoration Hardware. nc. et al. Page2 of 1 3 of 14
,, County of Suffolk and State of New York, including the sidewalk, footway and parking areas in abutting and in the vicinity of Restoration Hardware. 8. That at all times hereinafter mentioned, the defendant TANGER FACTORY OUTLET CENTERS, NC. was the property manager of the premises commonly known as the Tanger Outlets at 1770 West Main Street, Riverhead, County of Suffolk and State of New York, including the sidewalk, footway and parking areas abutting and in the vicinity of Restoration Hardware. :. 9. That at all times hereinafter mentioned, the HOGAN RVERHEAD, LLC was the owner of the premises commonly known as the Tanger Outlets at 1770 West Main Street, Riverhead,, County of Suffolk and State of New York, including the sidewalk, footway and parking areas abutting and in the vicinity of Restoration Hardware. 10. At all times hereinafter mentioned, the aforesaid Restoration Hardware store located at 1770 West Main Street, #512, Riverhead, County of Suffolk and State of New York was located within the Tanger Outlets owned, operated, maintained and/or controlled by defendants. 11. That at all times hereinafter mentioned, the defendant RESTORATON HARDWARE, NC. maintained, operated and controlled the premises, and that portion of the sidewalkjootway.: and/or parking lot of the premises where the accident hereinafter alleged occurred. * t f â vs.- of Verified Complaint Susan J. Einbinder et ano. -vsc Restoration Hardware, nc. et al. Page3 of 1 4 of 14
12. That at all times hereinafter mentioned, the defendant TANGER PROPERTES LMTED PARTNERSHP maintained, operated and controlled the premises, and that portion of : the sidewalk, footway and/or parking lot of the premises where the accident hereinafter alleged ~ occurred. 13. That at all times hereinafter mentioned, the defendant TANGER FACTORY OUTLET CENTERS, NC. maintained, operated and controlled the premises, and that portion of the.; sidewalk, footway and/or parking lot of the premises where the accident hereinafter alleged :: occurred. 14. That at all times hereinafter mentioned, the defendant HOGAN RVERHEAD, LLC ; maintained, operated and controlled the premises, and that portion of the sidewalk, footway and/or parking lot of the premises where the accident hereinafter alleged occurred. - i 15. That at all times hereinafter mentioned, defendant RESTORATON HARDWARE, NC. was a tenant in possession of the store known as the Restoration Hardware Outlet store located at.the Tanger Factory Outlet shopping area 1770 West Main Street, #512, Riverhead, County of Suffolk and State of New York. f 16. That at all times hereinafter mentioned, defendant TANGER PROPERTES UMTED : PARTNERSHP was the landlord of the premises that was rented to defendant RESTORATON.: HARDWARE, NC. which premises constituted the Restoration Hardware and the sidewalk, Verified Complaint Susan J. Einbinder et ano. â -use i s,- Restoration Hardware. nc. et al. Page 4 of 1 5 of 14
: footway and parking lot in the vicinity of Restoration Hardware located at the Tanger Outlets, 1770 West Main Street, #512, Riverhead, County of Suffolk and State of New York. 17. That at all times hereinafter mentioned, defendant TANGER FACTORY OUTLET,. CENTERS, NC. was the overtenant of the premises that was subleased to defendant :: RESTORATON HARDWARE, NC. which premises constituted the Restoration Hardware and the sidewalk, footway and parking lot in the vicinity of Restoration Hardware located at the. Tanger Outlets, 1770 West Main Street, #512, Riverhead, County of Suffolk and Stat of New ; York.. 18. That at all times hereinafter mentioned, defendant HOGAN RVERHEAD LLC was the ; landlord of the premises that was rented to defendant RESTORATON HARDWARE, NC. which premises constituted the Restoration Hardware and the sidewalk, footway and parking lot in the vicinity of Restoration Hardware located at the Tanger Outlets, 1770 West Main Street, ; #512, Riverhead, County of Suffolk and State of New York.. \ 19. That at all times hereinafter mentioned, the defendant TANGER PROPERTES ;., UMTED PARTNERSHP was the management company responsible for the maintenance of ; j "3 the Tanger Outlets and more particularly, the sidewalks, footways and parking areas in the vicinity of which the aforesaid Restoration Hardware store was located. : 20. That at all times hereinafter mentioned, the defendant TANGER FACTORY OUTLET CENTERS, NC. was the management company responsible for the maintenance of the Tanger t :Vcriticd ; Verified Complaint Susan J. Einbinder et ano. -vs.- Restoration Hardware, lire. et al. Pagp5 of f 6 of 14
Outlets and more particularly, the sidewalks, footways and parking areas in the vicinity of which ~ the aforesaid Restoration Hardware store was located.. 21. That at all times hereinafter mentioned, the defendant HOGAN RVERHEAD LLC was ; the management company responsible for the maintenance of the Tanger Outlets and more : particularly, the sidewalks, footways and parking areas in the vicinity of which the aforesaid ; Restoration Hardware store was located. t, t, 22. That at all times hereinafter mentioned the plaintiff Susan J. Einbinder was lawfully.~ present on the sidewalk, footway on the premises owned and operated by the defendants at and, in front of Restoration Hardware at the Tanger Outlets, 1770 West Main Street. #512. Riverhead, :, County of Suffolk, State of New York with the knowledge, permission and consent of the defendants and was in the process of walking between stores within Tanger Outlets. 1 :.:; 23. Upon information and belief, on Sunday, November 2. 2014. prior to 12:30 pm and prior," to Sunday, November 2, 2014, the defendants servants, agents, and/or employees placed,,furniture, home goods, planters, product displays, holiday displays and other obstacles and obstructions on the sidewalk and footway in front of the Restoration Hardware store located at 1770 West Main Street, #512, Riverhead, County of Suffolk, State of New York, and in so doing caused, created and maintained a dangerous condition that impeded the use of the sidewalk and footway, created a public nuisance, and resulted in a dangerous condition. t Verified Complaint Susan J. Einhinder et ano. -vs.- Restoration Hardware. nc. et al. Page 6 of 7 of 14
24. Upon information and belief, on Sunday, November 2, 2014, prior to 12:30 pm and prior to Sunday, November 2, 2014, the defendants servants, agents, and/or employees having known and observed the obstructions and obstacles on the sidewalk and footway in front of the. Restoration Hardware store located at 1770 West Main Street. #512, Riverhead, County of, Suffolk, State of New York, failed to remove the obstructions and obstacles on the sidewalk and : footway or otherwise make the sidewalk and footway passable or remedy the conditions on the sidewalk and footway at the Tanger Outlets in front of the Restoration Hardware store located at : 1770 West Main Street, #512, Riverhead, County of Suffolk, State of New York.,1770 f. 25. That on Sunday, November 2, 2014, prior to 12:30 pm and prior to Sunday, November 2, 2014, the defendants disregarding their duties, negligently and carelessly permitted the sidewalk : and footway in front of the Restoration Hardware store located at 1770 West Main Street, #512, Riverhead, County of Suffolk, State of New York to become, be and remain in an unsafe and dangerous condition and maintained the same improperly and dangerously, in that the sidewalk and footway was littered and obstructed with obstacles to pedestrians including furniture, home : goods, planters, product displays, holiday displays and other obstacles and obstructions; in that the obstacles on the sidewalk and footway were of varying heights and dimensions and contained protrusions that were not readily apparent to pedestrians and shoppers at the Tanger Outlets which increased that dangers and hazards posed by the obstructions; in that the obstructions were raised and projected above the surface of the sidewalk and footway and contained horizontal protruding areas that posed a tripping hazard to pedestrians and shoppers at the Tanger t f t Outlets; in constructing and permitting said sidewalk and footway, a high pedestrian traffic area at the Tanger Outlets to exist in such a way that persons walking upon the sidewalk and footway t Verified Complaim Susan 5 Einbinder et ano. -vs.- Restoration Hardware, nc. et ai. Page7 of 8 of 14 j
would be liable or prone to trip, stumble or fall over the obstructions and into adjacent obstructions and onto the cement sidewalk and footway; in failing to provide adequate sidewalk and footway areas for pedestrian traffic, adequately light the area or place other suitable :: stantions, ropes, warning or protective devices at or near the location; in that the defendants spread product inventory over the sidewalk and footway without leaving a sufficient distance for ;: persons to safely pass around said inventory and in such a manner so as to direct persons walking upon the sidewalk and footway in the direction and vicinity of the additional hazardous obstructions; in that said area was unlit and dark, concealing the aforementioned hazards; in creating and maintaining other dangerous and defective conditions; and in failing to warn against such conditions; all of which conditions, defendants created, maintained and had due notice of, or by reasonable inspection thereof might and should have had due notice. 26. That the defendants, their agents, servants, and employees maintained the exterior of the premises and more particularly the sidewalk, footway and adjacent parking lot of the premises in such a dangerous condition to persons lawfully using it that it constituted a menace and dangerous condition to plaintiff Susan J. Einbinder and other pedestrians and shoppers, and knew, or by exercise of due care should have known, of the dangerous conditions and nuisance. 27. That on or about Sunday, the 2"d day of November, 2014, between 12:30-600 pm, while plaintiff Susan J. Einbinder was walking along the sidewalk and footway within Tanger Outlets in front of the Restoration Hardware store at 1770 West Main Street, #512. RiVerhead, County of Suffolk, State of New York, slowly, carefully, and exercising that degree of care for her own safety that a reasonably prudent person would have exercised under the same Verified Complaint Susan J. Einbinder et ano. -vs.- Restoration Hardware, nc. et al. Page 8 of 1 9 of 14
circumstances, she was caused to and did trip and fall, and be violently propelled to the ground due to the negligence and carelessness of the defendants, their agents, servants, and employees, causing her to sustain the severe personal injuries hereinafter described. 28. That the said accident and the injuries and damages to the plaintiffs resulting therefrom " were caused solely by the negligence, gross negligence and recklessness of the defendants : without any negligence on the part of the plaintiffs contributing thereto. 29. That by reason of the above plaintiff Susan J. Einbinder was rendered sick, sore, lame, and disabled, was and will be incapacitated for a long time to come, has been informed and, of believes that certain of her injuries are permanent in their nature, was unable to attend to her usual occupation and duties for a considerable time, required medical aid and attention, suffered grievous physical pain and mental anguish and will continue to suffer pain for a considerable time to come. : 30. That the limitations on liability set forth in Article 16 of the New York Civil Practice Law and Rules do not apply because one or more of the exemptions set forth in New York Civil Practice Law and Rules l602 is applicable. ;; 31. That by reason of the foregoing, plaintiff Susan J. Einbinder has been damaged in an t amount that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. Verified Complaint Susan J. Einbinder et ano. -vs.- Restoration Hardware. nc. et al. Page 9 of 1 1 10 of 14 f f
j AhN_D FOR A_jiE_C_QND_C_A1JSE O_F ACDONEBEHALF_OF THE PLANTFF JEFFREY S. ENBNDER 32. That the plaintiff Jeffrey S. Einbinder repeats and reiterates each and every allegation. contained in paragraphs numbered "1" through "31" herein, inclusive, with the same force and ::. effect as though fully set forth herein. : 33. That at all times mentioned in the first cause of action, plaintiff Jeffrey S. Einbinder was : and still is the spouse of the plaintiff Susan J. Einbinder and is entitled to the services and society of his spouse and is responsible for medical and other expenses incurred in behalf of his spouse. t :" 34. That solely because of the said accident and negligence of the defendant as aforesaid, :: plaintiff Jeffrey S. Einbinder has been deprived of the services and society of his spouseand has ::.:.1 incurred medical and other expenses as a result of the injuries sustained by his spouse. 35. That by reason of the foregoing, plaintiff Jeffrey S. Einbinder has been damaged in an of ;..; amount that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. WHEREFORE, plaintiff Susan J. Einbinder demands judgment against the defendants in an ; amount that exceeds the jurisdictional limits of all lower courts that would otherwise have,: jurisdiction in the first cause of action and plaintiff Jeffrey S. Einbinder demands judgment. against the defendants in an amount that exceeds the jurisdictional limits of all lower courts that ", would otherwise have jurisdiction in the second cause of action, all together with the costs and, disbursements of this action. : Verified Complaint Susan J. Einbinder et ano. -use v5.- Restoration Hardware, ine. et at Page10 of 1 11 of 14
Dated: Huntington, New York July.uly 8, 2016 Yours etc. Steven B. Ewall Ewall & Ewall Attorneys for plaintiff Office and Post Office Address 946 Park Avenue Huntington, New York 11743-4548 Phone: (631) 547-1500 ot Verified Complaint Susan.5nsan.5aran J. Einbinder et ano. -vs.- i.~.- r~.- Restoration Hardware. nc.. et al. Page 1 of 12 of 14
f VERFCATON NET STATE OF NEW YORK } : COUNTY OF SUFFOLK } ss: the undersigned, being duly sworn. depose and say: am the plaintiff in the within action. 1 have read the foregoing Complaint and know the contents thereof and the same is true to my own knowledge, except as to those matters therein stated to be on information and belief, and as to those matters Lbelieve it to be,trtre) Susan J. Einbinder Jeffre S iàbinder -, Sworn to before me this / 2 :. day of ~ ~,, 2016. :. Notary Public STEVEN BENNET EWALL Notary Public State of New York 02ÈMf4833847 No. Oualified in Suffolk County Coun) Commission Expires April 30,20 13 of 14
NYSCEF DOC. NO. 21 RECEVED. NYSCEF:. 02/27/2018 Supreme Court of the State of New York County of New York ndex No. Year 2016 SUSAN J. ENBlNDER and JEFFREY S. ENBNDER, -againsta ~~ r Plaintiff s ), RESTORATON HARDWARE, NC., TANGER PROPERTES LMTED PARTNERSHP, TANGER FACTORY OUTLET CENTERS, NC. and HOGAN RVERHEAD, LLC, Defendant( s ). SUMMONS AND VERFED COMPLANT EWALL & EWALL.la -»r." Attorneys for Plaintif s ) Oper and Post Opce Address and Telephone 946PARK AVENUE HUNMNGTON,N Ew Y ORK 1 l743-4548 (631)547-1500 PLEASE TAKE NcmCE: [ ] NOTCE OFENEY that the within is a (certified) true copy of an Order duly enterred in the office of the clerk of the witmn name court on, 20_. [ ] NOTCEOF SEMBER that an order of which the within is a true copy will be presented to the Hon. one of the justices of the within named Court, at on, 20, at 9 30 am. Duned: Yours EWAll etc. & EWAu. 14 of 14