/FILED: NWR1WORIrO1QQ05WITHICLERE (0f8t/1Nh2WC/ 09 ± 50 ANj INDEX NO. 157407/2017 NYSCEF DocCQtøNT1Y OF NEW YORK RECEIVED NYSCEF: 08/18/2017 MARIA E. DIAZ,. Plaintiff designates New York County as the place of Trial. Plaintiff(s), The basis.of the venue is plaintiffs residence -against- SUMMONS TIME WARNER CABLE, VERIZON NEW Plaintiff resides at YORK INC, CON EDISON CORP, 2383 2nd Avenue, Apt 604 GENEST PROPERTIES, LLC and New York, NY 10035 CHARTER COMMUNICATIONS, INC To the above named Defendant(s): 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 Attorney within 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. In the event that Article 16 of the CPLR applies, this case fall ithin an exception to the same. Dated: New York, New York March 8, 2017. s Yours, etc., BY THOMAS ARKOVITS, ESQ. OF MIRMA ARKOVITS & LANDAU, P.0, Defendant(s)' Address(es): Time Warner Cable Inc., Serve Through Secretary of State) Attomey or Plaintiff(s) Office and Post Office Address 291 - Broadway 6th Floor New York, New York 10007 Tel. No.: (212) 227-4000 File No.: 212772 NO SERVICE BY FAX ACCEPTED Verizon New York, Inc, 140 West Street - 29th Floor New York, NY 10007 Con Edison Corp., 4 Irving Place New York, NY 10003 Genest Properties, LLC PeBorM5 & by Secy. State Charter Communications, Inc ( Serve through Secretary of State) PLEASE FORWARD TO YOUR INSURANCE COMPANY 1 of 6
FILED: SNRNEMORIOUROTOFINIEE]RRE O(F8$E8 f0re7 0 9 : 50 AM INDEX No. 157407/2017 NYSCEF r)oe.ohnty OF NEW YORK RECEIVED NYSCEF: 08/18/2017 MARIA E. DIAZ, Plaintiff(s), â ' COMPLAINT -against- TIME WARNER CABLE, VERIZON NEW YORK INC, CON EDISON CORP, GFNEST PROPERTIES, LLC and CHARTER COMMUNICATIONS, INC Defendant(s). Plaintiffs, by their attorney, MIRMAN, MARKOVITS & LANDAU, P.C., for their complaint against the Defendants, allege as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF NEW YORK 1. Upon information and belief, at all the dates and times hereinafter mentioned, defendant Time Warner Cable Inc., owned premises known as 2212 3rd Avenue, County of New York, State ofnew York. 2. Upon information and belief, at all the dates and times hereinafter mentioned, defendant Time Warner Cable Inc. operated premises known as 2212 3rd Avenue, County of 3. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Time Warner Cable Inc. controlled premises known as 2212 3rd Avenue, County of 4. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Time Warner Cable Inc managed premises known as 2212 3rd Avenue, County of New York, State of New York, 5. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Time Warner Cable Inc maintained premises known as 2212 3rd Avenue, County of 6. Upon information and belief, at all the dates and times hereinafter mentioned, Defendant Verizon New York, Inc, owned premises known as 2212 3rd Avenue, County ofnew York, State of New York. 7. Upon information and belief, at all the dates and times hereinafter mentioned, defendant Verizon New York, Inc operated premises known as 2212 3rd Avenue, County of 2 of 6
! FILED : NEW e210tislan0artifsqieambftermentiorwftï10no. 157407/2017 MORTpogW@iljWMioSMARElie0, St/alJSI mentioith%e NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/18/2017 Defendant Verizon New York, Inc controlled prerhises known as 2212 3rd Avenue, County of 9. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Verizon New York, Inc managed premises known as 2212 3rd Avenue, County of 10, Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Verizon New York, Inc maintained premises known as 2212 3rd Avenue, County of ] 1. Upon information and belief, at all the dates and times hereinafter mentioned, Defendant Con Edison Corp., owned premises known as 2212 3rd Avenue, County of New York, State of New York. 12. Upon information and belief, at all the dates and times hereinafter mentioned, Defendant Con Edison Corp operated premises known as 2212 3rd Avenue, County of New York, State of New York. 13. Upon.information and belief, at all the dates and times hereinafter mentioned, the Defendant Con Edison Corp controlled premises known as 2212 3rd Avenue, County of New York, State of New York. 14. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Con Edison Corp managed premises known as 2212 3rd Avenue, County of New York, State of New York. 15. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Con Edison Corp maintained premises known as 2212 3rd Avenue, County of New York, State of New York. 16. Upon information and belief, at all the dates and times hereinafter mentioned, defendant Genest Properties, LLC., owned premises known as 2212 3rd Avenue, County of 17. Upon information and belief, at all the dates and times hereinafter mentioned, defendant Genest Properties, LLC. operated premises known as 2212 3rd Avenue, County of ]8. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Genest Properties, LLC controlled premises known as 2212 3rd Avenue, County of 3 of 6
6' FILED: NEWv YekI6tgUOWNEY(EERK 08 /18 2017 09: 50 INDEX NO. 157407/2017 AM NYSCÈF D,OC. NO. 1 belief,', RECEIVED NYSCEF: 08/18/2017 19. Upon information and at all the dates and times hereinafter mentioned, the Defendant Genest Properties, LLC managed premises. known as 2212 3rd Avenue, County of 20. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Genest Properties, LLC maintained premises known as 2212 3rd Avenue, County of 21. Upon information and belief, at all the dates and times hereinafter mentioned, Defendant Charter Communications, Inc, owned premises known as 2212 3rd Avenue, County of 22. Upon information and belief, at all the dates and times hereinafter mentioned, defendant Charter Communications, Inc operated premises known as 2212 3rd Avenue, County of 23. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Charter Communications, Inc controlled premises known as 2212 3rd Avenue, County of 24. Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Charter Communications, Inc managed premises known as 2212 3rd Avenue, County of 25 Upon information and belief, at all the dates and times hereinafter mentioned, the Defendant Charter Communications, Inc maintained premises known as 2212 3rd Avenue, County of 26. Upon information and belief, at all the dates and times hereinafter mentioned, the Plaintiff was lawfully upon and at the premises known as 2212 3rd Avenue, located at County of premises' 27. On or about 7/6/2016, at the premises known as 2212 3rd Avenue, County of New York State ofnew York, Plaintiff Maria E. Diaz was caused to be injured. 28. That the aforesaid injuries to plaintiff Maria E. Diaz occurred solely and wholly through the negligence of the defendants, their agents, servants and employees, in the ownership, leasing, operation, maintenance, control and management of their respective premises and more particularly premises known as 2212 3rd Avenue, County of New York, State of New York, although said defendants knew or should have known of the dangers and 4 of 6
FILED: N Ã.'a ' INDEX No. 157407/2017 9 Re dcimllsgese Bi8 k6ih sqr9 50 NYSCÈF DOC. NO. 1 RECEIVED NYSCEF: 08/18/2017 29. As a result of the aforesaid,'the Plaintiff was rendered sick, sore, lame and disabled, was caused to suffer great pain, was and is internally and.externally injured, will continue to i endure great pain and suffering, and has sustained and will continue to sustain special damages, all to Plaintiffs damage. 30. That as a result ofthe foregoing, the defendant acted recklessly and wantonly and without any regard to the safety of Plaintiff. I WHEREFORE, Plaintiff(s) demand judgment against the defendants TIME WARNER CABLE, VERIZON NEW YORK INC, CON EDISON CORP, GENEST PROPERTIES, LLC and CHARTER COMMUNICATIONS, INC on the First Cause of Action, together with interest, costs and disbursements of this action. In the event that Article 16 of the CPLR applies, this case falls within an exception to the same. Dated: New York, New York March 8, 2017 Yours, etc., MIRMAN, MARKOV & LANDAU, P.C. Attorney for Plaintiff( Office and Post Office Address 291 Broadway - 6th Floor New York, New York 10007 Tel. No.: (212) 227-4000 File No.: 212772 NO SERVICE BY FAX ACCEPTED 5 of 6
(919MB@' (9I9MPS' FILED: NEW YORK CO$ PE5F,MEdUURIOt81/118pRDS.TE. SI9NSW YORK INDEX NO. 157407/2017 NYSDEF poc. NO. 1 RECEIVED NYSCEF: 08/18/2017 COUNTY OF NEW YORK MARIA E. DIAZ, Plaintiff(s), -against- TIME WARNER CABLE, VERIZON NEW YORK INC, CON EDISON CORP, GENEST PROPERTIES, LLC and CHARTER COMMUNICATIONS, INC Defendant(s). SUMMONS & COMPLAINT MIRMAN, MARKOVITS & LANDAU, P.C. 291 Broadway &1 Vi+4-1Ik) 6th Vill Floor I IVVl New York, New York 10007 Tel. No. (212) 22-4000 6 of 6
CNliC:jp S PREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------x MARIA E. DIAZ, Index No.: 157407/2017 Plaintiff(s), VERIFIED ANSWER -against- TIME WARNER CABLE, VERIZON NEW YORK INC. CON EDISON CORP., GENEST PROPERTIES LLC, and CHARTER COMMUNICATIONS, INC., Defendant(s). ------------------------------------------------------------------------x "- â â â â â Defendant TIME WARNER CABLE NEW YORK CITY LLC s/h/a TIME WARNER CABLE and CHARTER COMMUNICATIONS, INC. by its attorneys, NEWMAN MYERS KREINES GROSS HARRIS, P.C., as and for their answer to plaintiff's verified complaint, alleges upon information and belief as follows: 1. Denies each and every allegation contained in paragraphs 1, 2, 3, 4, 5, 21, 22, 23, 24, 25, 28, 29 and 30 of plaintiffs verified complaint. 2. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 26 and 27 of plaintiff's verified complaint. AS AND FOR A FIRST, SEPARATE 3. If the injuries and damages were sustained by the plaintiff at the time and place and in the manner alleged in the plaintiffs complaint, such damages and injuries are attributable, in whole or in part, to the comparative negligence and culpable conduct of the plaintiff, and if any damages are recoverable against these answering defendants, the amount of such damages shall be diminished in the proportion which the comparative
negligence and culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages. AS AND FOR A SECOND, SEPARATE 4. If plaintiff establishes that the condition alleged relates to work performed at the request of the answering defendant, then it will be shown that such work was performed by an independent contractor for whose negligence, if any, these answering defendants are not responsible as a matter of law. AS AND FOR A THIRD, SEPARATE 5. Any and all risks, hazards, defects and damages alleged are of an open, obvious and apparent nature and inherent and known or should have been known to the plaintiff herein, and the plaintiff willingly and voluntarily assumed all such risks, hazards, defects and dangers. AS AND FOR A FOURTH, SEPARATE 6. That the plaintiff has failed to comply with provisions of CPLR 304, and this summons and complaint is therefore a nullity. AS AND FOR A FIFTH, SEPARATE 7. That this action does not fall within one or more of the exceptions set forth in CPLR 1602 and thus these answering defendants are responsible only for its pro rata share of any verdict that may be rendered against it. -2-
AS AND FOR A SIXTH, SEPARATE 8. That in the event of any judgment or verdict on behalf of the plaintiff, this defendant is entitled to a set-off or verdict with respect to the amounts of any payments made to the plaintiff for medical and other expenses prior thereto pursuant to Section 4545 of the CPLR. AS AND FOR A SEVENTH, SEPARATE 9. This action is barred pursuant to 34 R.C.N.Y. 2-11(e) and (f). AS AND FOR AN EIGHTH, SEPARATE 10. In the event plaintiff recovers a verdict or judgment, the verdict or judgment must exclude or be reduced by amounts which, with reasonable certainty, will pay or indemnify plaintiff for past or future medical costs, health care, life care or other economic loss or benefit that is mandated by the Patient Protection and Affordable Care Act. AS AND FOR A NINTH, SEPARATE 11. Charter Communications, Inc. is not a proper party to this action. AS AND FOR A CROSS-CLAIM AGAINST DEFENDANTS, VERIZON NEW YORK INC. CON EDISON CORP., and GENEST PROPERTIES LLC (hereinafter"cross-claimed Defendants"), DEFENDANT, TIME WARNER CABLE NEW YORK CITY LLC s/h/a TIME WARNER CABLE and CHARTER COMMUNICATIONS, INC. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 12. That if the plaintiff was caused to sustain damages in the manner plaintiffs set forth in the complaint by reasons other than plaintiff's own negligence, -3-
breach of contract, violation of law or other acts of omission or commission including but not limited to those set forth herein, then said damages were sustained by reason of the acts, unjust enrichment, fraud, misrepresentations, breach of contract, violation of law or other acts of omission or commission of the Cross-Claimed Defendants without any breach or fault of these answering defendants TIME WARNER CABLE NEW YORK CITY LLC s/h/a TIME WARNER CABLE and CHARTER COMMUNICATIONS, INC. contributing thereto; and if any judgment is recovered herein by the plaintiff against these answering defendants, who will be damaged thereby, Cross-Ciaimed Defendants are or will be responsible in whole or in part thereof. 13. That by reason of the foregoing, Cross-Claimed Defendants will be liable to these answering defendants, who will be entitled to contribution and to be J indemnified in the full amount of said judgment, in the event of a recovery herein by the plaintiff, caused by the relative responsibility of Cross-Claimed Defendants, and Cross- Claimed Defendants are bound to pay any and all attorneys' fees, costs, and disbursements, all to TIME WARNER CABLE NEW YORK CITY LLC s/h/a TIME WARNER CABLE and CHARTER COMMUNICATIONS, INC s special damage, and Cross-Claimed Defendants will be bound to indemnify these answering defendants for any and all judgments, counsel fees, costs and disbursements. WHEREFORE, answering defendants TIME WARNER CABLE NEW YORK CITY LLC s/h/a TIME WARNER CABLE and CHARTER COMMUNICATIONS, INC. demands judgment dismissing the plaintiffs verified complaint herein as to the said I answering defendants and for judgment in its favor on each of its cross-claims with costs 4-
and disbursements, and for such other and further relief as this court deems just and proper. Dated: New York, New York September 22, 2017 Respectfully submitted, NEWMAN MYERS KREINES GROSS HARRIS, P.C. Attorneys for Defendant TIME WARNER CABLE NEW YORK CITY LLC s/h/a TIME WARNER CABLE and CHARTER COMMUNICATIONS, INC. 1 J i By: Charles W. Kreines 40 Wall Street - 26th Floor New York, New York 10005 (212) 619-4350 Our Ref. No.: NTWA 22076 TO: MIRMAN, MARKOVlTS 8 LANDAU, P.C. Attorneys for Plaintiff. 291 Broadway - 6th Floor New York, New York 10007 Attention: Thomas P. Markovits, Esq. Tel. No. (212) 227-4000 Fax No.: (212) 227-5011 NADINE RIVELLESE Attorney for Defendant Consolidated Edison, Inc. 4 Irving Place, Room 1800 New York, NY 10003-3598 (212) 460-3355 Fax: (212) 677-5849 CONWAY, FARRELL, CURTIN KELLY, P.C. Attorneys for Defendant, VERIZON NEW YORK INC. 48 Wall Street-20th FlOOr New York, New York 10005 Attention: Darrell John -5-
(212) 785-2929 BROWNELL PARTNERS, PLLC Attorneys for Defendant GENEST PROPERTIES LLC 52nd 40 Wall Street, OOr New York, New York 10005 (212)-390-0151 -6-
I ATTORNEY'S VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) :ss.: Charles W. Kreines, an attorney admitted to practice in the State of New York, affirms: That the undersigned is a Member of the firm of NEWMAN MYERS KREINES GROSS HARRIS, P.C., attorneys for Defendant TIME WARNER CABLE NEW YORK CITY LLC s/h/a TIME WARNER CABLE and CHARTER COMMUNICATIONS, INC. in the within action; that the undersigned has read the foregoing Verified Answer and knows the contents thereof; that the same are true to affirmant's own knowledge, except as to the matters therein stated to be alleged on information and belief; and as to those matters affirmant believes them to be true. The undersigned further states that the reason this affirmation is made by the undersigned and not by defendant is that the defendant resides in a different county than counsel's office. The undersigned affirms that the foregoing statements are true, under the penalty of perjury. Dated: New York, New York September 22, 2017 Charles W. Kreines -7-
I AFFIRMATION OF SERVICE Charles W. Kreines, an attorney admitted to practice in the courts of the State of New York, affirms the following to be true under the penalties of perjury: On September 22, 2017, I served the VERIFIED ANSWER on: TO: MIRMAN, MARKOVITS 5 LANDAU, P.C. CONWAY, FARRELL, CURTIN Attorneys for Plaintiff & KELLY, P.C. 291 - Broadway 6th Floor Attorneys for Defendant, New York, New York 10007 VERIZON NEW YORK INC. Attention: Thomas P. Markovits, Esq. 48 Wall Street-20th FlOOr New York, New York 10005 Attention: Darrell John NADINE RIVELLESE BROWNELL PARTNERS, PLLC Attorney for Defendant Attorneys for Defendant Consolidated Edison, Inc. GENEST PROPERTIES LLC 4 Irving Place, Room 1800 40 Wall Street - 52nd Floor New York, New York 10003-3598 New York, New York 10005 by filing it using NYSCEF. Dated: New York, New York September 22, 2017 1 I Charles W. Kreines f -S-
NTWA 22076 Index No. 157407 Year 2017 RJI No. Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARIA E. DIAZ, Plaintiff(s), -against- TIME WARNER CABLE, VERIZON NEW YORK INC. CO.N EDISON CORP., GENEST PROPERTIES LLC, and CHARTER COMMUNICATIONS, INC., Defendant(s)_. VERIFIED ANSWER NEWMAN MYERS KREINES GROSS HARRIS, P.C. Attorneys for Defendant - TWC Office and Post Office Address, Telephone 40 WALL STREET-26 street-26 â 26 FLOOR NEwYORK, NEW YoRK 10005 (212) 619-4350 To Signature (Rule 130-1.1-a)... Print name beneath Attorney(s) for Service of a copy of the within is hereby admitted. Dated,... Attorney(s) for Please take notice Li NOTICE OFENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on O NOTICE OFSETTLSMFNT that an order of which the within is a true copy will be presented for settlement to the HON. one of the fudges of the within named court, at on at M Dated, Yours, etc. NEWMAN MYERS KREINES GROSS HARRIS, P.C. Attomeys for To Office and Post Office Address 40 WALLSTREET - 26" 26 FLOOR Attorney(s) for NEw YQRK, NEw YoRK 10005 i