NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/03/2018
IN DEX NO. 5014 4 FILED: KINGS COUNTY CLERK 08/23/2017 01:39 5/2016 PH NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/03/2018 No.' SUPREME COURT OF THE STATE OF NEW YORK Index No.: 501445/2016 COUNTY OF Kings Date Purchased: 2/2/16 ---------------------------------------------X - ---- SUPPLEMENTAL SUMMONS NATHANIEL TALAVERA, infant by his mother and natural guardian LOURDES SANTANA AND LOURDES SANTANA, Plaintiffs designate Kings Ind., County as the place of trial. is' Plaintiffs, The basis of venue is: Place of Occurrence vs. Plaintiffs reside at: THE CITY OF NEW YORK, CONSOLIDATED EDISON 526 Essex Street NE%' COMPANY OF NEW YORK, INC. and NATIONAL GRID Brooklyn, N.Y. 11208 USA SERVICE COMPANY, INC. formerly d/b/a KEYSPAN ENERGY DELIVERY N.Y.C. County of Kings Defendants. ---------------------------------------------X To the above named Defendants: 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 Plaintiff's attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is ma e y delivery upon you personally within the state, or, within 30 days after completion of se vi where service is made in any other manner. In case of your failure to appear or ans r, udgment will be taken against you by default for the relief demanded in the complaint. Dated: :New York, New York August 23, 2017. ANENBAUM LAW FFICES OF JAY H. TANENBAUM ' tiff 14 Wall Street - Suite 5F New York, New York 10005 (212) 422-1765 Our File No. 555-15J-0103 I 1 of 12
FILED: KINGS COUNTY CLERK 08/23/2017 01:39 P INDEX NO. 501445/2O16 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/03/2018 TO: THE CITY OF NEW YORK 100 Church Street New York, New York 10007 Consolidated Edison Company of New York, Inc. 4 Irving Place New York, New York 10003 National Grid USA Service Cornpany, Inc. One MetroTech Center Brooklyn, New York 11201 2 2 of 12
FILED: KINGS COUNTY CLERK 08/23/2017 01:39 INDEX NO. 5014 45/2016 PH NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Kings ----- -...-_---_...---------------------------X No.' IndexNo.:501445/2016 NATHANIEL TALAVERA, infant by his mother and natural Date Purchased: guardian LOURDES SANTANA AND LOURDES SANTANA, SUPPLEMENTAL Ind., VERIFIED COMPLAINT Plaintiffs, vs. THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., and NATIONAL GRID USA SERVICE COMPANY, INC. formerly d/b/a KEYSPAN ENERGY DELIVERY N.Y.C., Defendants. ---------------------X Plaintiff, by their attorney, Law Offices of lay H. Tanenbaum, complaining of the Defendant, respectfully allege, upon information andbelief: AS AND FOR A FIRST CAUSE OF ACTION 1. That at the time of the commencement of this action, Plaintiffs resided in the County of Kings, City and State of New York. 2. That the cause of action alleged herein arose in the County of Kings, City and State of New York. 3. That this action falls within one or more of the exceptions set forth in CPLR 1602. 4. That on September 20, 2015, and at all times herein mentioned, Defendant THE CITY OF NEW YORK, was, and still is, a municipal corporation. 1 3 of 12
FILED: KINGS COUNTY CLERK 08/23/2017 INDEX 01:39 P1 NO. 501445/2016 NYSCEF NYSCEF DOC. DOC. NO. NO. 21 39 RECEIVED RECEIVED NYSCEF: 05/03/2018 NYSCEF: 08/23/2017 5. That on September 20, 2015, and at all times herein mentioned, Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., was, and still is, a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 6. That on September 20, 2015, and at all times herein mentioned, Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., was, and still is, a foreign corporation authorized to do business in State of New York. 7. That on September 20, 2015, and at all times herein mentioned, Defendant NATIONAL GRID USA SERVICE COMPANY, INC., was, and still is, a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 8. That on September 20, 2015, and at all times herein mentioned, Defendant NATIONAL GRID USA SERVICE COMPANY, INC., was, and still is. a foreign corporation authorized to do business in State of New York. 9. That prior hereto on November 4, 2015, 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 Comptroller for the City of New York and that thereafter said Comptroller for the City of New York refused or neglected for more than 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. 10. That on January 25, 2016, the plaintiff appeared for a 50(h) hearing pursuant to the demand for the defendant. 2 of 12
FILED: KINGS COUNTY CLERK 08/23/2017 01:39 INDEX NO. 5014 45/2016 NYSCEF DOC. NO. 39 PH RECEIVED NYSCEF: 05/03/2018 11. That this action is being commenced within one year and ninety days after accrual of this cause of action, or within the time allowed by law. 12. That on September 20, 2015, and at all times herein mentioned, a public thoroughfare and roadway portions thereto existed in the County of Kings, City and State of New York known as in front of 459 Essex Street, Brooklyn, New York. 13. That on September 20, 2015, and at all times herein mentioned, the aforesaid thoroughfare and the roadway portions in front of and adjacent to the above-mentioned premises were owned by Defendant THE CITY OF NEW YORK,. 14. That on September 20, 2015, and at all times herein mentioned, the aforesaid thoroughfare and the roadway portions in front of and adjacent to the above-mentioned premises were operated and managed by Defendant THE CITY OF NEW YORK,. 15. That on September 20, 2015, and at all times herein mentioned, the aforesaid thoroughfare and the roadway portions in front of and adjacent to the above-mentioned premises were maintained by Defendant THE CITY OF NEW YORK. 16. That on September 20, 2015, and at all times herein mentioned, it was the duty of Defendant THE CITY OF NEW YORK, to maintain the public thoroughfares, more specifically the thoroughfare and the roadway portions in front of and adjacent to 459 Essex Street in the County of Kings, State of New York, in a reasonably safe condition. 17. On September 20, 2015, and at all times herein mentioned, defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., applied for and received permits to work at the aforesaid location. 18. That at all times hereinafter mentioned, defendant, CONSOLDITED EDISON COMPANY OF NEW YORK., performed work at the roadway in front of and adjacent to 459 Essex Street, in the County of Kings, City and State of New York. 3 5 of 12
INDEX NO. 5014 45/2016 FILED : KINGS COUNTY CLERK 08/23/2017 01:39 PH NYSCEF DOC. NO. 39 NYSCEF DOC. NO. 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/23/2017 05/03/2018 19. On September 20, 2015, and at all times herein mentioned, the aforesaid were owned by Defendant, CONSOLDITED EDISON COMPANY OF NEW YORK. 20. On September 20, 2015, and at all times herein mentioned, the aforesaid thoroughfare and the roadway portion in front of and adjacent to the above mentioned premises were operated by Defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 21. On September 20, 2015, and at all times herein mentioned, the aforesaid were managed by Defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 22. On September 20, 2015, and at all times herein mentioned, the aforesaid were maintained by Defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 23. On September 20, 2015, and at all times herein mentioned, the aforesaid were repaired by Defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 24. On September 20, 2015, and at all times herein mentioned, defendant, NATIONAL GRID USA SERVICE COMPANY, INC., applied for and received permits to work at the aforesaid location. 25. That at all times hereinafter mentioned, defendant, NATIONAL GRID USA SERVICE COMPANY, INC., performed work at the roadway in front of and adjacent to 459 Essex Street, in the County of Kings, City and State of New York. 26. On September 20, 2015, and at all times herein mentioned, the aforesaid were owned by Defendant. NATIONAL GRID USA SERVICE COMPANY, INC. 4 6 of 12
FILED : KINGS COUNTY CLERK 08/23/2017 01:39 INDEX NO. 501445/2016 NYSCEF DOC. NO. 39 PH RECEIVED NYSCEF: 05/03/2018 27. On September 20, 2015, and at all times herein mentioned, the aforesaid thoroughfare and the roadway portion in front of and adjacent to the above mentioned premises were operated by Defendant, NATIONAL GRID USA SERVICE COMPANY, INC. 28. On September 20, 2015, and at all times herein mentioned, the aforesaid were managed by Defendant, NATIONAL GRID USA SERVICE COMPANY, INC. 29. On September 20, 2015, and at all times herein mentioned, the aforesaid were maintained by Defendant, NATIONAL GRID USA SERVICE COMPANY, INC. 30. On September 20, 2015, and at all times herein mentioned, the aforesaid were repaired by Defendant, NATIONAL GRID USA SERVICE COMPANY, INC. 31. That on September 20. 2015, Plaintiff Nathaniel Talavera was a lawful pedestrian at the above-mentioned location. 32. That on September 20, 2015, while Plaintiff was lawfully riding his scooter at the aforesaid location, he was caused to trip and fall and sustain severe and permanent injuries. 33. The above mentioned occurrence, and the results thereof, were caused wholly and solely by the negligence of the Defendants and/or said Defendant's agents, servants, employees and/or licensees in the ownership, operation, management, maintenance and control of the aforesaid thoroughfares and the roadway portions in thereto' front of and adjacent thereto;,and Defendants were otherwise negligent, careless and reckless. 34. That no negligence on the part of the Plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 5 7 of 12
INDEX NO. FILED : KINGS COUNTY CLERK 08/23/2017 01:39 501445/2016 PH NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/03/2018 35. That as a result of the foregoing, Plaintiff Nathaniel Talavera was caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries, Plaintiff has been caused to incur and will continue to incur expenses for medical care and attention; and, as a further result, Plaintiff was and will continue to be rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant loss therefrom. 36. That as a result of the foregoing, Plaintiff Nathaniel Talavera was damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF, LOURDES SANTANA 37. That at all times hereinafter mentioned, Plaintiff, repeats, reiterates and realleges each and every allegation contained herein as though set forth at length herein. 38. That at all times hereinafter mentioned, Plaintiff, was the mother of the Plaintiff Nathaniel Talavera, and as such was entitled to the society, services and companionship of her son, Nathaniel Talavera. 39. That by reason of the foregoing, Plaintiff, Lourdes Santana, was deprived of the society, services and companionship of the Plaintiff Nathaniel Talavera, and shall forever be deprived of said society, services and companionship. 40. That by reason of the foregoing, Plaintiff, was damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 6 8 of 12
[FILED: KINGS COUNTY CLERK 08/23/2017 INDEX 01:39 NO. 5014 45/2016 NYSCEF DOC. NO. 39 PH RECEIVED NYSCEF: 05/03/2018 WHEREFORE, Plaintiffs demand judgment against the Defendants herein on all causes of action, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursem t of this action. I Dated: :New York, New York August 23, 2017 Yours, etc J H M OFF E. AY H. TANENBAUM ttorney or Plaintiffs 1uite 5F New York, New York 10005 (212) 422-1765 Our File No. 555-153-0103 7 9 of 12
INDEX NO. 501445/2016 FILED : KINGS COUNTY CLERK 08 / 23/2017 01 : 39 NYSCEF DOC. NO. 39 PH RECEIVED NYSCEF: 05/03/2018 ATTORNEY'S VERIFICATIAON The undersigned, an attorney, admitted to practice in the Courts of the State of New York, shows: The deponent is the attorney of record for the plaintiflts) in the within action; that deponent has read the foregoing complaint/bill of particulars and knows the contents thereof; that the same is true to the deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, deponent believes that to be true. Deponent further says that the reason this verification is made by deponent and not by plaintiffs) is that Plaintiff(s) reside(s) in a county other that in which deponent maintains his offices. The grounds for deponent's belief as to all matters not stated upon his knowledge are investigations which he has made or has caused to be made concerning the subject matter of this action, and statements of parties and/or witnesses made he in. The perjury.' undersigned affirms that the foregoing state are under the penalties of perjury: DATED: New York, New York August 23, 2017. n.. 10 of 12
FILED: KINGS COUNTY CLERK 08/23/2017 01:39 INDEX NO. 501445/2016 NYSCEF DOC. NO. 39 PH RECEIVED NYSCEF: 05/03/2018 AFFIDAVIT OF SERVICE ss.' STATE OF NEW YORK, COUNTY OF NEW YORK ss.: Phyllis Dagnese being duly sworn, deposes and says: of New I am over 18 years of age, I am not a party to the action, and I reside in Kings County in the State York. August 23, 2017 I served a true copy of the annexed Supplemental Summons and Supplemental Verified Complaint on by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: below.' Law Offices of David M. Santoro Attorney For: For' Consolidated Edison 4 Irving Place New York, NY 10003 Phone: Phone' (212) 460-3355 Zachary W. Carter Corporation Counsel For' Attorney For: City of New York 100 Church Street New York, NY 10007 Phone: (212) 356-3144 h llis se Sworn to before me August 23, 2017 Notary Public Wit. 4BAUM lie, of New York 57 in New le ion e, 015 11 of 12
INDEX NO. 501445/2016 FILED: KINGS COUNTY CLERK 08/23/2017 01:39 PH NYSCEF DOC. NO. 39 NYSCEF DOC. NO. 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/23/2017 05/03/2018 Index No. 501445/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATHANIEL TALAVERA, infant by his mother and natural guardian LOURDES SANTANA AND LOURDES SANTANA, Ind.,, Plaintiffs, -against- THE CITY OF NEW YORK. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and NATIONAL GRID USA SERVICE COMPANY, INC. formerly d/b/a KEYSPAN ENERGY DELIVERY N.Y.C. Defendants. SUPPLEMENTAL SUMMONS AND SUPPLEMENTAL VERIFIED COMPLAINT TO: LAW OFFICES OF JAY H. TANENBAUM Attorney for Plaintiff 14 Wall Street - Suite New York, New York 1 Tel No.: (212) 422-1765 Fax No.:.(212) 426-74 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney a m' ted to practice in the Courts of New York State, certified that, upon information and belief and reason inquiry, the contentions contained in the annexed document are not frivolous. Dated: August 23, 2017 - Sig ure Print Signors Name LAW OFFICFdJAY H. T M 12 of 12