FILED: NEW YORK COUNTY CLERK 10/20/2014 02:37 PM INDEX NO. 160251/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/20/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------)( CRYSTAL BROWN, as Administratri" of the Estate of OLIVIA BROWN, Deceased, Plaintiff( s ), Index No. SUMMONS -against- NEW YORK CITY HOUSING AUTHORITY, Defendant( s ). ---------------------------------------------------------------------------)( 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 this summons, to serve a notice of appearance, on the Plaintiffs Attomey(s) with 20 days after the service of this summons, e"clusive 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 ofnew York); and in case ofyour failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff designates New York County as the place of trial. place of occurrence. The basis of the venue is the Dated: New York, New York October 20, 2014 Watters & Svetkey, LLP Trial Counsel to Stockschlaeder, McDonald & Sules, P.C. Attorneys for P.JQJ.u.u.LJA.---- By: Kyle B. Watters Jonathan Svetkey 286 Madison A venue New York, New York 10017 Tel. 212-679-8999 TO: New York City Housing Authority 250 Broadway New York, NY 10007
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------)( CRYSTAL BROWN, as Administratri)( ofthe Estate of OLIVIA BROWN, Deceased, -against- Plaintiff(s), Index No. COMPLAINT NEW YORK CITY HOUSING AUTHORITY, Defendant( s ). ---------------------------------------------------------------------------)( Plaintiff(s) CRYSTAL BROWN, as Administratri)( ofthe Estate of OLIVIA BROWN, Deceased, by and through her attorneys, complaining of the Defendants NEW YORK CITY HOUSING AUTHORITY, (hereinafter "NYCHA") respectfully shows to this Court and allege upon information and beliefs as follows: 1. Plaintiff CRYSTAL BROWN is an individual residing at 2120 Madison Avenue, Apartment 9B, New York, New York. 2. OLIVIA BROWN died on July 23, 2013. 3. Plaintiff CRYSTAL BROWN was the parent of OLIVIA BROWN and the Administratri)( ofthe Estate of OLIVIA BROWN. 4. Defendants NYCHA is a public authority with an address of250 Broadway, New York, New York. 5. That prior hereto on or about October 18,2013, and within the time prescribed by law, a sworn Notice of Claim stating, among other things, the time when and place where the injuries and damages were sustained, together with Plaintiffs demands for adjustment thereof was duly served on the claimant's behalf on the NY CHA and that thereafter NY CHA refused or neglected for more than 1
thirty (30) days and up to the commencement of this action to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 6. That on January 28,2014, NYCHA held a hearing pursuant to General Municipal Law so(h). 7. That this action is being commenced within one year and ninety days after accrual ofthis cause of action, and/or within the time allowed by law. FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF 8. Plaintiff repeats, reiterates and realleges each and every prior and subsequent allegation with the same force in effect as if set forth fully within. 9. Defendants owned, controlled, operated, supervised, managed, secured, patrolled and maintained the premises located at or near 1960 Park A venue, New York, New York, also known as the Lincoln Houses complex, (hereinafter "the Premises") at all times herein mentioned. 10. At all times herein mentioned OLIVIA BROWN was a tenant and lawfully at the premises located at the Lincoln Houses complex. 11. That on or about July 23, 2013, an armed assailant who was not a tenant ofthe premises was permitted to enter and remain at the premises due to the negligence of the defendants. 12. That on or about July 23,2013 the armed assailant shot the plaintiff OLIVIA BROWN, causing severe, serious and permanent personal injuries resulting in the death of OLIVIA BROWN. 13. Defendants had a duty to maintain the premises in a reasonably safe and secure 2
condition for the tenants and others including the plaintiffs herein and to maintain proper safety and security precautions to protect the plaintiffs against intruders and dangerous persons. 14. Defendants owed a special duty to the plaintiffs herein to maintain the common area of the premises in a reasonably safe and secure condition for the tenants and others and to maintain proper safety 'and security precautions to protect the plaintiffs against intruders and dangerous persons. 15. Defendants breached their duty and/or duties to the plaintiffs to maintain the premises in a reasonably safe condition for the tenants and others in that, amongst other things, they failed to protect the plaintiff and allowed the assailant to enter and remain on the premises and shoot and kill the plaintiff OLIVIA BROWN. 16. The Defendants knew or should have known that the criminal acts of the assailant, who was not a tenant, were foreseeable. 17. The aforementioned occurrence and resulting injuries were solely and wholly a result of the negligence, carelessness and recklessness of the defendants in the respective ownership, control, operation, supervision, management, security, patrol and maintenance of the premises in failing, among other things, to keep the premises in a safe condition; in failing to conform to and comply with all applicable building and residential code regulations and local codes, rules, regulations and ordinances; in failing to provide secure entrances/exits to prevent the foreseeable occurrence of an armed assailant entering the unsecured premises and committing crimes at the premises, in failing to adequately check and monitor persons that enter the premises; in permitting the security devices on the premises to become and remain in a defective and dangerous condition; in failing to maintain proper security precautions; in failing to prevent the 3
foreseeable occurrence and Defendants were otherwise negligent. 18. The negligence of the defendants was a substantial factor in causing the plaintiffs= damages, injuries and death herein. 19. The aforesaid occurrence was caused solely and wholly through the carelessness, recklessness and negligence of the defendants, their servants, agents and/or employees in the ownership, operation, maintenance, management, supervision, security and control of the aforesaid premises without any negligence on the part of the plaintiffs contributing thereto. 20. As a result of the foregoing, plaintiffs OLIVIA BROWN suffered pain, shock, and mental anguish and sustained severe, serious and permanent personal injuries resulting in her death. 21. That this action falls within one or more exceptions set forth in C.P.L.R. 1602. 22. By reason of the foregoing OLIVIA BROWN has been damaged in a sum which exceeds the jurisdictional limits of all lower Courts SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF 23. Plaintiff repeats, reiterates and realleges each and every prior and subsequent allegation with the same force in effect as if set forth fully within. 24. As a result of the foregoing, OLIVIA BROWN died on or about July 23, 2013. 25. OLIVIA BROWN left surviving distributees to sustain pecuniary loss as a result of her death. 26. The Estate of OLIVIA BROWN has become liable for funeral bills, hospital bills, loss of income and other expenses. 27. As a result thereof, the Estate of OLIVIA BROWN has been damaged in the sum 4
which exceeds the jurisdictional limits of all lower courts. WHEREFORE, plaintiff demands judgment against defendants as follows: a. on the First Cause of Action for a sum which exceeds the jurisdictional limits of all lower courts, together with interest, costs and disbursements of this action. b. on the Second Cause of Action for a sum which exceeds the jurisdictional limits of all lower courts, together with interest, costs and disbursements of this action. Dated: New York, New York October 20, 2014 Watters & Svetkey, LLP Trial Counsel to Stockschlaeder, McDonald & Sules, P.C. Attorney~ TO: New York City Housing Authority 250 Broadway New York, NY 10007 By: Kyle B. Watters Jonathan Svetkey 286 Madison A venue New York, New York 10017 Tel. 212-679-8999 5
Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CRYSTAL BROWN, as Administratrix of the Estate of OLIVIA BROWN, Deceased, -against- Plaintiff( s ), NEW YORK CITY HOUSING AUTHORITY, Defendant(s). COMPLAINT Watters & Svetkey, LLP 286 Madison Avenue New York, New York 10017 Tel. 212-679-8999 PLEASE TAKE NOTICE that pursuant to C.P.L.R. 2103(5) this office does not accept service of papers by electronic means (fax). 7