FILED: NEW YORK COUNTY CLERK 12/31/2014 02:45 PM INDEX NO. 162875/2014 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DEBORAH J. DRUCKER, Index No. Plaintiff, -against- VERIFIED COMPLAINT ROOSEVELT ISLAND OPERATING CORPORATION and HUDSON RELATED ASSOCIATES, LLC, Defendants. Plaintiff, DEBORAH J. DRUCKER, by her attorney, ALAN D. LEVINE, ESQ., as and for her verified complaint herein, hereby alleges as follows: 1. At all times relevant hereto, plaintiff, DEBORAH J. DRUCKER, was and is a natural person, resident in the County, City and State of New York. 2. At all times relevant hereto, defendant, ROOSEVELT ISLAND OPERATING CORPORATION (hereinafter "RIOC"), was and is a public benefit corporation operating and existing pursuant to the laws of the State of New York. 3. At all times relevant hereto, defendant, HUDSON RELATED ASSOCIATES, LLC (hereinafter "HUDSON RELATED"), was and is a domestic limited liability company with its principal office for the conduct of business located in the City, County and State of New York. 4. On or about May 6, 2014, this date being within ninety (90) days after the claim herein sued upon accrued, plaintiff served upon defendant RIOC a verified written notice of claim setting forth the time, place, nature and manner in which said claim arose. 2
5. A corrected notice of claim was served on defendant RIOC on May 23, 2014. 6. More than thirty (30) days have elapsed since the aforesaid verified notices of claim were served and defendant RIOC has neglected and refused to make payment of said claim. 7. This action is commenced within one year from the date the cause of action herein against defendant RIOC accrued. AS AND FOR A CAUSE OF ACTION AGAINST DEFENDANT RIOC 8. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through "7" hereinabove as if more fully set forth at length herein. 9. At all times relevant hereto, West Road on Roosevelt Island, in the County, City and State of New York, was and is a street operated and maintained by defendant RIOC and open to all members of the public lawfully using it, including plaintiff. 10. At all times relevant hereto, defendant RIOC was responsible for operating and maintaining West Road and for keeping it in a condition safe for all those traversing it, including plaintiff. 11. On or about February 20, 2014, at approximately 8:00A.M., claimant was lawfully present on the sidewalk located on the east side of West Road, behind the building with the address 465 Main Street, Roosevelt Island, City, County and State of New York. 3
12. At the aforementioned time and place, plaintiff was caused to slip and fall on ice that had not been properly cleared from the aforementioned sidewalk. 13. Upon information and belief, there had been inadequate, negligent, careless and insufficient attempts made by defendant RIOC, its agents, servants and employees, to clear the aforementioned ice from the aforementioned portion of sidewalk. 14. At the aforementioned time and place, there were no warnings or barricades of any kind posted to alert persons lawfully present on the aforementioned portion of sidewalk, including plaintiff, to the presence of ice thereon at the location where plaintiff slipped, fell and was injured, as described hereinbelow. 15. Plaintiff's aforementioned slip and fall was caused solely by the negligence, carelessness and recklessness of defendant RIOC, its agents, servants and employees, and not by any culpable conduct of her own. 16. Upon information and belief, the presence of the aforementioned ice was a direct result of inadequate maintenance and drainage on the part of defendant RIOC and its agents, servants and employees. 17. Upon information and belief, the agents, servants and employees of defendant RIOC had made inadequate attempts to clear and/or melt the aforementioned ice at the location where plaintiff was caused to slip, fall and be injured. 18. Upon and information and belief, the aforementioned condition resulting in plaintiff's slipping and falling had existed for a period of more than forty-eight hours p.rior to plaintiffs accident and resulting injuries. 4
19. As a result of the aforementioned negligence, carelessness and recklessness of defendant RIOC and its agents, servants and employees, and through no culpable conduct of her own, plaintiff was seriously and permanently injured; was rendered sick, sore, lame and disabled; lost time from her employment; and incurred expenses for medical care. 20. Solely as a result of the negligence, carelessness and recklessness of defendant RIOC, its agents, servants and employees, and though no culpable conduct of her own, plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which might otherwise have jurisdiction in this action. AS AND FOR A CAUSE OF ACTION AGAINST DEFENDANT HUDSON RELATED 21. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through "20" hereinabove as if more fully set forth at length herein. 22. At all times relevant hereto, West Road on Roosevelt Island, in the County, City and State of New York, was and is a street operated and maintained by defendant HUDSON RELATED, open to all members of the public lawfully using it, including plaintiff. 23. At all times relevant hereto, defendant HUDSON RELATED was responsible for operating and maintaining West Road and for keeping it in a condition safe for all those traversing it, including plaintiff. 24. On or about February 20, 2014, at approximately 8:00A.M., claimant was lawfully present on the sidewalk located on the east side of West Road, behind the 5
building with the address 465 Main Street, Roosevelt Island, City, County and State of New York. 25. At the aforementioned time and place, plaintiff was caused to slip and fall on ice that had not been properly cleared from the aforementioned sidewalk. 26. Upon information and belief, there had been inadequate, negligent, careless and insufficient attempts made by defendant HUDSON RELATED and its agents, servants and employees, to clear the aforementioned ice from the aforementioned portion of sidewalk. 27. At the aforementioned time and place, there were no warnings or barricades of any kind posted to alert persons lawfully present on the aforementioned portion of sidewalk, including plaintiff, to the presence of ice thereon at the location where plaintiff slipped, fell and was injured, as described hereinbelow. 28. Plaintiff's aforementioned slip and fall was caused solely by the negligence, carelessness and recklessness of defendant HUDSON RELATED, its agents, servants and employees, and not by any culpable conduct of her own. 29. Upon information and belief, the presence of the aforementioned ice was a direct result of inadequate maintenance and drainage on the part of defendant HUDSON RELATED, its agents, servants and employees. 30. Upon information and belief, the agents, servants and employees of defendant HUDSON RELATED had made inadequate attempts to clear and/or melt the aforementioned ice at the location where plaintiff was caused to slip, fall and be injur~d. 6
31. Upon and information and belief, the aforementioned condition resulting in plaintiff's slipping and falling had existed for a period of more than forty-eight hours prior to plaintiff's accident and resulting injuries. 32. As a result of the aforementioned negligence, carelessness and recklessness of defendant HUDSON RELATED and its agents, servants and employees, and through no culpable conduct of her own, plaintiff was seriously and permanently injured; was rendered sick, sore, lame and disabled; lost time from her employment; and incurred expenses for medical care. 33. Solely as a result of the negligence, carelessness and recklessness of defendant HUDSON RELATED, its agents, servants and employees, and though no culpable conduct of her own, plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which might otherwise have jurisdiction in this action. WHEREFORE, plaintiff, DEBORAH J. DRUCKER, demands judgment against defendants, ROOSEVELT ISLAND OPERATING CORPORATION and HUDSON RELATED ASSOCIATES, LLC, as follows: FIRST CAUSE OF ACTION: An amount which exceeds the jurisdictional limits of all lower courts which might otherwise have jurisdiction in this action; and SECOND CAUSE OF ACTION: An amount which exceeds the jurisdictional limits of all lower courts which might otherwise have jurisdiction in this action. 7
Plaintiff also demands the costs and disbursements of this action, including her attorney's fees. Dated: Kew Gardens, New York December 30, 2014 ALAN D. LEVINE, ESQ. Attorney for Plaintiff 80-02 Kew Gardens Road, Suite 302 Kew Gardens, New York 11415 (718) 793-6363 Our File No. 2301 8
ATTORNEY'S VERIFICATION ALAN D. LEVINE, an attorney admitted to practice before the Courts of the State of New York, affirms the following: Affirmant is the attorney for plaintiff, DEBORAH J. DRUCKER, has read the foregoing COMPLAINT and knows the contents thereof; the same is true to affirmant's own knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters, affirmant believes them to be true. This verification is made by affirmant and not by plaintiff, DEBORAH J. DRUCKER, because said plaintiff is not within the county where your affirmant has his office. The ground of affirmant's belief as to all matters not stated upon affirmant's knowledge are based upon information contained in a file maintained in affirmant's office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: Kew Gardens, New York December 30, 2014 ALAN D. LEVINE, ESQ.