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FILED: NEW YORK COUNTY CLERK 08/11/2020 12:00 PM INDEX NO. 157011/2019
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/11/2020
HIBI B
FILED::
(FILED NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 08/11/2020
07/17/2019 12:00
04 : 41 PM INDEX
INDEX NO.
NO. 157011/2019
157011/2019
PM)
NYSCEF
NYSCEF DOC.
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NC. 1
16 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/11/2020
07/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANGEL J. MAYSONET-RIJOS, as Administrator of
the goods, chattels, and credits which were of, ZAIRA
I.RIJOS-LAUREANO deceased, individually,
Plaintiffs, SUMMONS
-against-
JERICO ARIAS, ELOINA ARIAS, WEBSTER
HALL ENTERTAINMENT JOHN DOE 1-
CORP.,
10 (fictitious names of individuals presently
unidentifiable) and XYZ BAR 1-10, the name XYZ
being fictitious and intended to represent one or more
establishments which sold liquor to the decedent,
Defendants.
Plaintiffs designate NEW YORK County as the place of
trial. The basis of the venue is the defendant's place
business of business. Defendant's Place of business is
located at 125 East 11th Street, New York 10003, State of
New York, County of New York.
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in their action and
to serve a copy of your answer, or, if the complaint is not served with their summons, to serve a
notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of the
summons, exclusive of the day of service (or within 30 days after the service is complete ifthe
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: New York, New York
July 17, 2019
Yours, etc.,
GINARTE GALLARDO
GONZALEZ WINOGRAD LLP
By: Timothy Norton, Esq.
Attorneys for Plaintiffs
233 - 24th Floor
Broadway
New York, New York 10007-3772
(212) 6019700
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To: Jerico Arias
174 Walnut Street – 2nd Floor
Paterson, New Jersey 07522
Eloina Arias
174 Walnut Street – 2nd Floor
Paterson, New Jersey 07522
WEBSTER HALL ENTERTAINMENT CORP.
119-125 East 11th Street
New York, New York 10003
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INDEX NO.
NO. 157011/2019
157011/2019
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
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16 RECEIVED
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07/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANGEL J. MAYSONET-RIJOS, as Administrator of
the goods, chattels, and credits which were of, ZAIRA
I.RIJOS-LAUREANO deceased, individually,
Plaintiffs, VERIFIED COMPLAINT
-against-
JERICO ARIAS, ELOINA ARIAS, WEBSTER
HALL ENTERTAINMENT JOHN DOE 1-
CORP.,
10 (fictitious names of individuals presently
unidentifiable) and XYZ BAR 1-10, the name XYZ
being fictitious and intended to represent one or more
establishments which sold liquor to the decedent,
Defendants.
PLAINTIFF ANGEL J. MAYSONET-RIJOS, as Administrator of the goods,
chattels, and credits which were of ZAIRA I.RIJOS-LAUREANO, deceased, individually by his
attorney GINARTE GALLARDO GONZALEZ WINOGRAD, LLC, complaining upon
defendants upon information and belief, respectfully allege as follows:
PARTY PLAINTIFFS
1. That at all times hereinafter mentioned, Plaintiff ANGEL J. MAYSONET-
RIJOS was and is a resident of 282 Jefferson Street, Paterson, New Jersey.
2. That at all times hereinafter mentioned, Plaintiff ANGEL J. MAYSONET-
is and was Administrator of the and credits which were of ZAIRA I.RIJOS-
RIJOS, goods, chattels,
LAUREANO, deceased.
3. That Plaintiff, ANGEL J. MAYSONET-RIJOS as Administrator of the
goods, chattels, and credits which were of, deceased, is duly appointed Administrator of the goods,
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chattels, and credits which were of ZAIRA I. RIJOS-LAUREANO, deceased, Plaintiff, having been
in a relationship with ZAIRA I. RIJOS-LAUREANO, deceased, at the time of his death, has been
issued Letters of Administration.
4. The plaintiff intervenor claimant, ANGEL J. MAYSONET-RIJOS as
Administrator of the goods, chattels, and credits which were of ZAIRA I. RIJOS-LAUREANO,
deceased; claims that ZAIRA I. RIJOS-LAUREANO was killed as a direct result of the negligence
of the defendant(s).
AS AND FOR A FIRST CAUSE OF ACTION
5. Plaintiff and the decedent's distributees, repeat, reiterate and re-allege each
and every allegation contained in paragraphs 1 through 4 of this Complaint with the same force
and effect as if more fully set forth at length herein.
6. On or about November 19, 2016, Defendant Jerico Arias was the operator
of that certain 2014 Jeep motor vehicle, which motor vehicle was traveling eastbound on
Interstate Route 80 in the vicinity of milepost 53.5, in the Township of Wayne, County of Passaic
and State of New Jersey.
7. On or about November 19, 2016, Defendant Eloina Arias was the owner of
that certain 2014 Jeep motor vehicle, which was being operated by Defendant Jerico Arias and
was traveling eastbound on Interstate Route 80 in the vicinity of milepost 53.5, in the Township
of Wayne, County of Passaic and State of New Jersey.
8. On or about November 19, 2016, Defendant Jerico Arias operated said 2014
Jeep motor vehicle with the permission and consent of Defendant Eloina Arias.
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9. On or about November 19, 2016, Defendant Jerico Arias operated said 2014
Jeep motor vehicle as the agent of the vehicle’s owner, Defendant Eloina Arias.
10. On or about November 19, 2016, Defendant Jerico Arias operated said 2014
Jeep motor vehicle while in the course of his employment with the vehicle’s owner, Defendant
Eloina Arias.
11. On or about November 19, 2016, the Decedent ZAIRA I. RIJOS-
LAUREANO was the front seat passenger in that certain 2014 Jeep motor vehicle that was being
operated by Defendant Jerico Arias and was traveling eastbound on Interstate Route 80 in the
vicinity of milepost 53.5, in Wayne Township, County of Passaic, State of New Jersey.
12. On or about November 19, 2016, Defendants Jerico Arias and Eloina Arias,
owned, rented, leased, maintained, inspected, entrusted and/or operated their motor vehicle in such
a careless, reckless and negligent manner as to cause it to travel off the roadway of Interstate 80
and strike a nearby light pole.
13. As a direct and proximate result of defendants’ negligence, plaintiff’s
decedent sustained severe and permanent personal injuries of body, mind and emotion, resulting
in death; endured excruciating pain and suffering over a prolonged period; became disabled and
impaired; incurred liabilities for medical care and treatment; lost employment earnings; and
suffered a significant diminution in the quality and enjoyment of life.
14. That by reason of the foregoing wrongful acts of agents, servants and or
employees of defendants, one, some or all of said defendants, one, some or all of said defendants,
resulted in the death of decedent, ZAIRA I. RIJOS-LAUREANO
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15. That said injuries and death, as alleged above, occurred solely due to the
wrongful acts of defendants, one, some or all of said defendants, by their agents, servants and/or
employees with no negligence or fault of decedent ZAIRA I. RIJOS-LAUREANO contributing
whatsoever.
AS AND FOR A SECOND CAUSE OF ACTION
16. Plaintiff and the decedent's distributees, repeat, reiterate and re-allege each
and every allegation contained in paragraphs 1 through 15 of this Complaint with the same force
and effect as if more fully set forth at length herein.
17. That upon information and belief at all times herein mentioned, defendant
WEBSTER HALL ENTERTAINMENT CORP. (hereinafter designated as “Webster Hall,”) was
and still is a foreign limited liability company, organized and existing under and by virtue of the
laws of the State of Delaware but duly authorized to do business in the City and State of New York
18. Defendant Webster Hall is a nightclub located at 125 East 11th Street,
New York, New York that was licensed to serve alcoholic beverages to its customers and
patrons.
19. Defendants John Doe 1-10 and XYZ Bar 1-10 are fictitiously named
individuals, corporations or business entities named herein for the express purpose of tolling the
applicable statute of limitations, and were licensed alcoholic beverage servers.
20. Upon information and belief, for some time immediately prior to the
aforementioned accident involving that certain 2014 Jeep motor vehicle, Defendant Jerico Arias
had been a patron at one or more establishments which sold liquor to him, including Defendants
Webster Hall and XYZ Bar 1-10.
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21. Upon information and belief, for some time immediately prior to the
aforementioned accident involving that certain 2014 Jeep motor vehicle, Defendant Jerico Arias
had been a patron at one or more establishments, including Webster Hall and XYZ Bar 1-10, where
he was served liquor by Defendants John Doe 1-10.
22. Upon information and belief, for some time immediately prior to the
aforementioned accident involving that certain 2014 Jeep motor vehicle, and while Defendant
Jerico Arias was a patron at one or more establishments which sold liquor to him, including
Defendants Webster Hall and XYZ Bar 1-10, Defendant Jerico Arias was served liquor while he
was visibly intoxicated.
23. Upon information and belief, for some time immediately prior to the
aforementioned accident involving that certain 2014 Jeep motor vehicle, and while Defendant
Jerico Arias was a patron at one or more establishments which sold liquor to him, including
Webster Hall and XYZ Bar 1-10, Defendants John Doe 1-10 served liquor to Defendant Jerico
Arias while he was visibly intoxicated.
24. At all times mentioned herein, Defendants Webster Hall, John Doe 1-10 and
XYZ Bar 1-10, through their agents, servants and employees, did sell and serve the Defendant
Jerico Arias intoxicating liquor and alcoholic beverages when said defendants, through their
agents, servants and employees, knew or should have known, or could have ascertained by making
proper observations, that Defendant Jerico Arias was intoxicated and under the influence of
alcoholic beverages as a result of having been served said beverages by said defendants, and their
agents, servants and/or employees.
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25. The incident as set forth in this Complaint was proximately caused by and
was the result of the intoxication of the Defendant Jerico Arias, and was brought about and
permitted by the negligent, careless and/or reckless conduct of the Defendants Webster Hall, John
Doe 1-10 and XYZ Bar 1-10, as set forth above.
WHEREFORE, Plaintiff demands judgment against the Defendants Webster Hall,
John Doe 1-10 and XYZ Bar 1-10 and/or for damages, together with interest and cost of suit.
AS AND FOR A THIRD CAUSE OF ACTION
26. Plaintiff and the decedent's distributees, repeat, reiterate and re-allege each
and every allegation contained in paragraphs 1 through 25 of this Complaint with the same force
and effect as if more fully set forth at length herein.
27. Plaintiff’s decedent left surviving her two children, Angel J. Maysonet-
Rijos and Shelia Maysonet.
28. That the aforesaid occurrence and the injuries resulting therefrom and
suffered by the decedent caused solely by the reason of the negligence, carelessness and
recklessness of these Defendants, the decedent, ZAIRAI. RIJOS-LAUREANO, sustained severe,
grievous personal injuries, was rendered sick, sore, lame and disabled; was caused to endure pain
and suffering, was obligated to submit himself for medical aid and treatment; and ultimately was
caused to expire.
29. That the amount of damages sought by plaintiffs exceeds the jurisdictional
limits of all lower courts which would otherwise have jurisdiction.
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30. That as a result of the occurrence, plaintiffs have been damaged in the sum
encompassed by statute and by law as set forth under CPLR §3017(c) plus costs and disbursements
of this action for all damages as encompassed by this state.
31. That this action falls within one or more of the exceptions set forth in the
CPLR §1602.
32. That due to the ultimate death of ZAIRAI. RIJOS-LAUREANO, and due to
the violations of the New York State Alcoholic Beverage Control Law §117-a and General
Obligations Law §11-101 as aforesaid by the defendants, their agents, servants and/or employees,
the Estate of ZAIRAI. RIJOS-LAUREANO has become entitled to actual damages which exceed
the jurisdiction limit of all lower courts of coordinate jurisdiction, as well as exemplary damages
which also exceed the jurisdictional limit of all lower courts of coordinate jurisdiction.
33. That due to the aforesaid, plaintiff suffered damages in amount to be
determined by the Court.
WHEREFORE, plaintiff demands judgment against defendants in damages in an
amount to be determined by the Court, together with costs and disbursements of this action.
Dated: New York, New York
July 17, 2019
Yours, etc.,
GINARTE GALLARDO
GONZALEZ WINOGRAD LLP
Timothy W. Norton
By: Timothy Norton, Esq.
Attorneys for Plaintiffs
233 Broadway – 24th Floor
New York, New York 10007-3772
(212) 6019700
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To: Jerico Arias
174 Walnut Street – 2nd Floor
Paterson, New Jersey 07522
Eloina Arias
174 Walnut Street – 2nd Floor
Paterson, New Jersey 07522
WEBSTER HALL ENTERTAINMENT CORP.
119-125 East 11th Street
New York, New York 10003
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANGEL J. MAYSONET-RIJOS, as Administrator of
the goods, chattels, and credits which were of, ZAIRA
I. RIJOS-LAUREANO deceased, individually
Plaintiff,
VERIFICATION
-against-
JERICO ARISA, ELOINA ARIAS, WEBSTER
HALL ENTERTAINMENT CORP., JOHN DOE 1-
10 (fictitious names of individuals presently
unidentifiable) and XYZ BAR 1-10, the name XYZ
being fictitious and intended to represent one or more
establishments which sold liquor to the decedent,
Defendants.
STATE OF NEW YORK )
COUNTY OF NEW YORK) ss:
TIMOTHY W. NORTON, ESQ., an attorney admitted to practice in the Courts
of New York State, states:
1. Affirmant is a senior partner at the law firm of GINARTE, GALLARDO
GONZALEZ & WINOGRAD, LLP, attorneys of record for the plaintiff in the within action.
Affirmant has read the foregoing SUMMONS & COMPLAINT and knows the contents thereof; the
same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged on
information and belief, and that as to those matters, affirmant believes it to be true.
2. This verification is made by affirmant and not by plaintiff, for the reason
that plaintiff’s residence is not in the county where affirmant maintains his office.
3. The ground of affirmant's belief as to all matters not stated upon affirmant's
knowledge are as follows: information furnished by plaintiff and counsel's investigation.
The undersigned affirms that the foregoing statements are true, under the penalties
of perjury.
Dated: New York, New York
July 17, 2019
Timothy W. Norton
Timothy W. Norton, Esq.
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FILED::
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NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 08/11/2020
07/17/2019 12:00
04 : 41 PM INDEX
INDEX NO.
NO. 157011/2019
157011/2019
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NC. 1
16 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/11/2020
07/17/2019
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
ANGEL J. MAYSONET-RIJOS, as Administrator of the goods, chattels, and credits which
were of, ZAIRAI. RIJOS-LAUREANO deceased, individually
Plaintiff,
-against-
JERICO ARISA, ELOINA ARIAS, WEBSTER HALL ENTERTAINMENT CORP., JOHN
DOE 1-10 (fictitious names of individuals presently unidentifiable) and XYZ BAR 1-10, the
name DOE being fictitious and intended to represent one or more establishments which sold
liquor to the decedent,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
GINARTE GALLARDO GONZALEZ WINOGRAD, LLP
Attorneys for Plaintiff(s)
233 Broadway, Suite 2450
New York, New York 10279-2502
Tel.: (212) 601-9700
Fax.: (212) 267-4262
CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a
TIMOTHY W. NORTON ESQ., hereby certifies that, pursuant to 22 N.Y.C.R.R. §130-1.1a , the
foregoing is not frivolous as nor frivolously presented.
Dated: New York, New York Timothy W. Norton, Esq.
July 17, 2019
To
Attorney(s) for
Service of a copy of the within is hereby
admitted.
Dated:
Attorney(s) for
o Please take notice that the within is a (certified) true copy of a
duly entered in the Office of the Clerk of the within named Court on , 20__
o Please take Please take notice that an Order of
which the within is a true copy will be presented for settlement to the Hon.
one of the Judges of the within named Court, at on , 20__
at : o a.m./ o p.m.
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Preview
FILED: NEW YORK COUNTY CLERK 08/11/2020 12:00 PM INDEX NO. 157011/2019 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/11/2020 HIBI B FILED:: (FILED NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 08/11/2020 07/17/2019 12:00 04 : 41 PM INDEX INDEX NO. NO. 157011/2019 157011/2019 PM) NYSCEF NYSCEF DOC. DOC. NO. NC. 1 16 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/11/2020 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANGEL J. MAYSONET-RIJOS, as Administrator of the goods, chattels, and credits which were of, ZAIRA I.RIJOS-LAUREANO deceased, individually, Plaintiffs, SUMMONS -against- JERICO ARIAS, ELOINA ARIAS, WEBSTER HALL ENTERTAINMENT JOHN DOE 1- CORP., 10 (fictitious names of individuals presently unidentifiable) and XYZ BAR 1-10, the name XYZ being fictitious and intended to represent one or more establishments which sold liquor to the decedent, Defendants. Plaintiffs designate NEW YORK County as the place of trial. The basis of the venue is the defendant's place business of business. Defendant's Place of business is located at 125 East 11th Street, New York 10003, State of New York, County of New York. To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in their action and to serve a copy of your answer, or, if the complaint is not served with their summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of the summons, exclusive of the day of service (or within 30 days after the service is complete ifthe 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: New York, New York July 17, 2019 Yours, etc., GINARTE GALLARDO GONZALEZ WINOGRAD LLP By: Timothy Norton, Esq. Attorneys for Plaintiffs 233 - 24th Floor Broadway New York, New York 10007-3772 (212) 6019700 1 of 12 FILED: NEW YORK COUNTY CLERK 07/17/2019 08/11/2020 04:41 12:00 PM INDEX NO. 157011/2019 NYSCEF DOC. NO. 1 16 RECEIVED NYSCEF: 07/17/2019 08/11/2020 To: Jerico Arias 174 Walnut Street – 2nd Floor Paterson, New Jersey 07522 Eloina Arias 174 Walnut Street – 2nd Floor Paterson, New Jersey 07522 WEBSTER HALL ENTERTAINMENT CORP. 119-125 East 11th Street New York, New York 10003 2 of 12 FILED:: (FILED NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 08/11/2020 07/17/2019 12:00 04 : 41 PM INDEX INDEX NO. NO. 157011/2019 157011/2019 PM) NYSCEF NYSCEF DOC. DOC. NO. NC. 1 16 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/11/2020 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANGEL J. MAYSONET-RIJOS, as Administrator of the goods, chattels, and credits which were of, ZAIRA I.RIJOS-LAUREANO deceased, individually, Plaintiffs, VERIFIED COMPLAINT -against- JERICO ARIAS, ELOINA ARIAS, WEBSTER HALL ENTERTAINMENT JOHN DOE 1- CORP., 10 (fictitious names of individuals presently unidentifiable) and XYZ BAR 1-10, the name XYZ being fictitious and intended to represent one or more establishments which sold liquor to the decedent, Defendants. PLAINTIFF ANGEL J. MAYSONET-RIJOS, as Administrator of the goods, chattels, and credits which were of ZAIRA I.RIJOS-LAUREANO, deceased, individually by his attorney GINARTE GALLARDO GONZALEZ WINOGRAD, LLC, complaining upon defendants upon information and belief, respectfully allege as follows: PARTY PLAINTIFFS 1. That at all times hereinafter mentioned, Plaintiff ANGEL J. MAYSONET- RIJOS was and is a resident of 282 Jefferson Street, Paterson, New Jersey. 2. That at all times hereinafter mentioned, Plaintiff ANGEL J. MAYSONET- is and was Administrator of the and credits which were of ZAIRA I.RIJOS- RIJOS, goods, chattels, LAUREANO, deceased. 3. That Plaintiff, ANGEL J. MAYSONET-RIJOS as Administrator of the goods, chattels, and credits which were of, deceased, is duly appointed Administrator of the goods, 3 of 12 FILED: NEW YORK COUNTY CLERK 07/17/2019 08/11/2020 04:41 12:00 PM INDEX NO. 157011/2019 NYSCEF DOC. NO. 1 16 RECEIVED NYSCEF: 07/17/2019 08/11/2020 chattels, and credits which were of ZAIRA I. RIJOS-LAUREANO, deceased, Plaintiff, having been in a relationship with ZAIRA I. RIJOS-LAUREANO, deceased, at the time of his death, has been issued Letters of Administration. 4. The plaintiff intervenor claimant, ANGEL J. MAYSONET-RIJOS as Administrator of the goods, chattels, and credits which were of ZAIRA I. RIJOS-LAUREANO, deceased; claims that ZAIRA I. RIJOS-LAUREANO was killed as a direct result of the negligence of the defendant(s). AS AND FOR A FIRST CAUSE OF ACTION 5. Plaintiff and the decedent's distributees, repeat, reiterate and re-allege each and every allegation contained in paragraphs 1 through 4 of this Complaint with the same force and effect as if more fully set forth at length herein. 6. On or about November 19, 2016, Defendant Jerico Arias was the operator of that certain 2014 Jeep motor vehicle, which motor vehicle was traveling eastbound on Interstate Route 80 in the vicinity of milepost 53.5, in the Township of Wayne, County of Passaic and State of New Jersey. 7. On or about November 19, 2016, Defendant Eloina Arias was the owner of that certain 2014 Jeep motor vehicle, which was being operated by Defendant Jerico Arias and was traveling eastbound on Interstate Route 80 in the vicinity of milepost 53.5, in the Township of Wayne, County of Passaic and State of New Jersey. 8. On or about November 19, 2016, Defendant Jerico Arias operated said 2014 Jeep motor vehicle with the permission and consent of Defendant Eloina Arias. 4 of 12 FILED: NEW YORK COUNTY CLERK 07/17/2019 08/11/2020 04:41 12:00 PM INDEX NO. 157011/2019 NYSCEF DOC. NO. 1 16 RECEIVED NYSCEF: 07/17/2019 08/11/2020 9. On or about November 19, 2016, Defendant Jerico Arias operated said 2014 Jeep motor vehicle as the agent of the vehicle’s owner, Defendant Eloina Arias. 10. On or about November 19, 2016, Defendant Jerico Arias operated said 2014 Jeep motor vehicle while in the course of his employment with the vehicle’s owner, Defendant Eloina Arias. 11. On or about November 19, 2016, the Decedent ZAIRA I. RIJOS- LAUREANO was the front seat passenger in that certain 2014 Jeep motor vehicle that was being operated by Defendant Jerico Arias and was traveling eastbound on Interstate Route 80 in the vicinity of milepost 53.5, in Wayne Township, County of Passaic, State of New Jersey. 12. On or about November 19, 2016, Defendants Jerico Arias and Eloina Arias, owned, rented, leased, maintained, inspected, entrusted and/or operated their motor vehicle in such a careless, reckless and negligent manner as to cause it to travel off the roadway of Interstate 80 and strike a nearby light pole. 13. As a direct and proximate result of defendants’ negligence, plaintiff’s decedent sustained severe and permanent personal injuries of body, mind and emotion, resulting in death; endured excruciating pain and suffering over a prolonged period; became disabled and impaired; incurred liabilities for medical care and treatment; lost employment earnings; and suffered a significant diminution in the quality and enjoyment of life. 14. That by reason of the foregoing wrongful acts of agents, servants and or employees of defendants, one, some or all of said defendants, one, some or all of said defendants, resulted in the death of decedent, ZAIRA I. RIJOS-LAUREANO 5 of 12 FILED: NEW YORK COUNTY CLERK 07/17/2019 08/11/2020 04:41 12:00 PM INDEX NO. 157011/2019 NYSCEF DOC. NO. 1 16 RECEIVED NYSCEF: 07/17/2019 08/11/2020 15. That said injuries and death, as alleged above, occurred solely due to the wrongful acts of defendants, one, some or all of said defendants, by their agents, servants and/or employees with no negligence or fault of decedent ZAIRA I. RIJOS-LAUREANO contributing whatsoever. AS AND FOR A SECOND CAUSE OF ACTION 16. Plaintiff and the decedent's distributees, repeat, reiterate and re-allege each and every allegation contained in paragraphs 1 through 15 of this Complaint with the same force and effect as if more fully set forth at length herein. 17. That upon information and belief at all times herein mentioned, defendant WEBSTER HALL ENTERTAINMENT CORP. (hereinafter designated as “Webster Hall,”) was and still is a foreign limited liability company, organized and existing under and by virtue of the laws of the State of Delaware but duly authorized to do business in the City and State of New York 18. Defendant Webster Hall is a nightclub located at 125 East 11th Street, New York, New York that was licensed to serve alcoholic beverages to its customers and patrons. 19. Defendants John Doe 1-10 and XYZ Bar 1-10 are fictitiously named individuals, corporations or business entities named herein for the express purpose of tolling the applicable statute of limitations, and were licensed alcoholic beverage servers. 20. Upon information and belief, for some time immediately prior to the aforementioned accident involving that certain 2014 Jeep motor vehicle, Defendant Jerico Arias had been a patron at one or more establishments which sold liquor to him, including Defendants Webster Hall and XYZ Bar 1-10. 6 of 12 FILED: NEW YORK COUNTY CLERK 07/17/2019 08/11/2020 04:41 12:00 PM INDEX NO. 157011/2019 NYSCEF DOC. NO. 1 16 RECEIVED NYSCEF: 07/17/2019 08/11/2020 21. Upon information and belief, for some time immediately prior to the aforementioned accident involving that certain 2014 Jeep motor vehicle, Defendant Jerico Arias had been a patron at one or more establishments, including Webster Hall and XYZ Bar 1-10, where he was served liquor by Defendants John Doe 1-10. 22. Upon information and belief, for some time immediately prior to the aforementioned accident involving that certain 2014 Jeep motor vehicle, and while Defendant Jerico Arias was a patron at one or more establishments which sold liquor to him, including Defendants Webster Hall and XYZ Bar 1-10, Defendant Jerico Arias was served liquor while he was visibly intoxicated. 23. Upon information and belief, for some time immediately prior to the aforementioned accident involving that certain 2014 Jeep motor vehicle, and while Defendant Jerico Arias was a patron at one or more establishments which sold liquor to him, including Webster Hall and XYZ Bar 1-10, Defendants John Doe 1-10 served liquor to Defendant Jerico Arias while he was visibly intoxicated. 24. At all times mentioned herein, Defendants Webster Hall, John Doe 1-10 and XYZ Bar 1-10, through their agents, servants and employees, did sell and serve the Defendant Jerico Arias intoxicating liquor and alcoholic beverages when said defendants, through their agents, servants and employees, knew or should have known, or could have ascertained by making proper observations, that Defendant Jerico Arias was intoxicated and under the influence of alcoholic beverages as a result of having been served said beverages by said defendants, and their agents, servants and/or employees. 7 of 12 FILED: NEW YORK COUNTY CLERK 07/17/2019 08/11/2020 04:41 12:00 PM INDEX NO. 157011/2019 NYSCEF DOC. NO. 1 16 RECEIVED NYSCEF: 07/17/2019 08/11/2020 25. The incident as set forth in this Complaint was proximately caused by and was the result of the intoxication of the Defendant Jerico Arias, and was brought about and permitted by the negligent, careless and/or reckless conduct of the Defendants Webster Hall, John Doe 1-10 and XYZ Bar 1-10, as set forth above. WHEREFORE, Plaintiff demands judgment against the Defendants Webster Hall, John Doe 1-10 and XYZ Bar 1-10 and/or for damages, together with interest and cost of suit. AS AND FOR A THIRD CAUSE OF ACTION 26. Plaintiff and the decedent's distributees, repeat, reiterate and re-allege each and every allegation contained in paragraphs 1 through 25 of this Complaint with the same force and effect as if more fully set forth at length herein. 27. Plaintiff’s decedent left surviving her two children, Angel J. Maysonet- Rijos and Shelia Maysonet. 28. That the aforesaid occurrence and the injuries resulting therefrom and suffered by the decedent caused solely by the reason of the negligence, carelessness and recklessness of these Defendants, the decedent, ZAIRAI. RIJOS-LAUREANO, sustained severe, grievous personal injuries, was rendered sick, sore, lame and disabled; was caused to endure pain and suffering, was obligated to submit himself for medical aid and treatment; and ultimately was caused to expire. 29. That the amount of damages sought by plaintiffs exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 8 of 12 FILED: NEW YORK COUNTY CLERK 07/17/2019 08/11/2020 04:41 12:00 PM INDEX NO. 157011/2019 NYSCEF DOC. NO. 1 16 RECEIVED NYSCEF: 07/17/2019 08/11/2020 30. That as a result of the occurrence, plaintiffs have been damaged in the sum encompassed by statute and by law as set forth under CPLR §3017(c) plus costs and disbursements of this action for all damages as encompassed by this state. 31. That this action falls within one or more of the exceptions set forth in the CPLR §1602. 32. That due to the ultimate death of ZAIRAI. RIJOS-LAUREANO, and due to the violations of the New York State Alcoholic Beverage Control Law §117-a and General Obligations Law §11-101 as aforesaid by the defendants, their agents, servants and/or employees, the Estate of ZAIRAI. RIJOS-LAUREANO has become entitled to actual damages which exceed the jurisdiction limit of all lower courts of coordinate jurisdiction, as well as exemplary damages which also exceed the jurisdictional limit of all lower courts of coordinate jurisdiction. 33. That due to the aforesaid, plaintiff suffered damages in amount to be determined by the Court. WHEREFORE, plaintiff demands judgment against defendants in damages in an amount to be determined by the Court, together with costs and disbursements of this action. Dated: New York, New York July 17, 2019 Yours, etc., GINARTE GALLARDO GONZALEZ WINOGRAD LLP Timothy W. Norton By: Timothy Norton, Esq. Attorneys for Plaintiffs 233 Broadway – 24th Floor New York, New York 10007-3772 (212) 6019700 9 of 12 FILED: NEW YORK COUNTY CLERK 07/17/2019 08/11/2020 04:41 12:00 PM INDEX NO. 157011/2019 NYSCEF DOC. NO. 1 16 RECEIVED NYSCEF: 07/17/2019 08/11/2020 To: Jerico Arias 174 Walnut Street – 2nd Floor Paterson, New Jersey 07522 Eloina Arias 174 Walnut Street – 2nd Floor Paterson, New Jersey 07522 WEBSTER HALL ENTERTAINMENT CORP. 119-125 East 11th Street New York, New York 10003 10 of 12 FILED: NEW YORK COUNTY CLERK 07/17/2019 08/11/2020 04:41 12:00 PM INDEX NO. 157011/2019 NYSCEF DOC. NO. 1 16 RECEIVED NYSCEF: 07/17/2019 08/11/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANGEL J. MAYSONET-RIJOS, as Administrator of the goods, chattels, and credits which were of, ZAIRA I. RIJOS-LAUREANO deceased, individually Plaintiff, VERIFICATION -against- JERICO ARISA, ELOINA ARIAS, WEBSTER HALL ENTERTAINMENT CORP., JOHN DOE 1- 10 (fictitious names of individuals presently unidentifiable) and XYZ BAR 1-10, the name XYZ being fictitious and intended to represent one or more establishments which sold liquor to the decedent, Defendants. STATE OF NEW YORK ) COUNTY OF NEW YORK) ss: TIMOTHY W. NORTON, ESQ., an attorney admitted to practice in the Courts of New York State, states: 1. Affirmant is a senior partner at the law firm of GINARTE, GALLARDO GONZALEZ & WINOGRAD, LLP, attorneys of record for the plaintiff in the within action. Affirmant has read the foregoing SUMMONS & COMPLAINT and knows the contents thereof; the same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, affirmant believes it to be true. 2. This verification is made by affirmant and not by plaintiff, for the reason that plaintiff’s residence is not in the county where affirmant maintains his office. 3. The ground of affirmant's belief as to all matters not stated upon affirmant's knowledge are as follows: information furnished by plaintiff and counsel's investigation. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York July 17, 2019 Timothy W. Norton Timothy W. Norton, Esq. 11 of 12 FILED:: (FILED NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 08/11/2020 07/17/2019 12:00 04 : 41 PM INDEX INDEX NO. NO. 157011/2019 157011/2019 PM) NYSCEF NYSCEF DOC. DOC. NO. NC. 1 16 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/11/2020 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANGEL J. MAYSONET-RIJOS, as Administrator of the goods, chattels, and credits which were of, ZAIRAI. RIJOS-LAUREANO deceased, individually Plaintiff, -against- JERICO ARISA, ELOINA ARIAS, WEBSTER HALL ENTERTAINMENT CORP., JOHN DOE 1-10 (fictitious names of individuals presently unidentifiable) and XYZ BAR 1-10, the name DOE being fictitious and intended to represent one or more establishments which sold liquor to the decedent, Defendants. SUMMONS AND VERIFIED COMPLAINT GINARTE GALLARDO GONZALEZ WINOGRAD, LLP Attorneys for Plaintiff(s) 233 Broadway, Suite 2450 New York, New York 10279-2502 Tel.: (212) 601-9700 Fax.: (212) 267-4262 CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a TIMOTHY W. NORTON ESQ., hereby certifies that, pursuant to 22 N.Y.C.R.R. §130-1.1a , the foregoing is not frivolous as nor frivolously presented. Dated: New York, New York Timothy W. Norton, Esq. July 17, 2019 To Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Attorney(s) for o Please take notice that the within is a (certified) true copy of a duly entered in the Office of the Clerk of the within named Court on , 20__ o Please take Please take notice that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the Judges of the within named Court, at on , 20__ at : o a.m./ o p.m. 12 of 12