Preview
FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023
EXHIBIT B
FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NEW YORK
--------------------------------------------------------------------x Date Filed:
KRISTIN BALLAS,
Plaintiff designates
Plaintiff, New York County
as the place of trial.
-against-
SUMMONS
NEW YORK CONVENTION CENTER OPERATING
CORPORATION, d/b/a THE JACOB K. JAVITS The basis of venue is
CONVENTION CENTER, Defendant’s principle place
of business
Defendant.
--------------------------------------------------------------------x
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer on the plaintiff’s attorneys within 20 days after the service of this summons,
exclusive of the day of service of this summons, or within 30 days after service of this summons
is complete if this summons is not personally delivered to you within the State of New York.
In case of your failure to answer this summons, a judgment by default will be taken against
you for the relief demanded in the complaint, together with the costs of this action.
Dated: New York, New York
March 23, 2023
SMILEY & SMILEY, LLP
Attorneys for Plaintiff
By:_______________________
ROSA M. FEENEY
122 East 42nd Street, Suite 3900
New York, New York 10168
(212) 986-2022
FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023
DEFENDANT:
NEW YORK CONVENTION CENTER OPERATING CORPORATION,
d/b/a THE JACOB K. JAVITS CONVENTION CENTER
655 West 34th Street
New York, New York 10001
2
FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023
SUPREME COURT OF THE STATE OF NEW YORK INDEX #:
COUNTY OF NEW YORK
---------------------------------------------------------------------x
KRISTIN BALLAS,
Plaintiff,
-against- VERIFIED COMPLAINT
NEW YORK CONVENTION CENTER OPERATING
CORPORATION, d/b/a THE JACOB K. JAVITS
CONVENTION CENTER,
Defendants.
----------------------------------------------------------------------x
Plaintiff, KRISTIN BALLAS, by her attorneys, SMILEY & SMILEY, LLP, complaining
of the defendants, NEW YORK CONVENTION CENTER OPERATING CORPORATION, d/b/a
THE JACOB K. JAVITS CONVENTION CENTER, (hereinafter “JAVITS”) hereinafter alleges
upon information and belief at all times relevant hereto, as follows:
JURISDICTION
1. This court has jurisdiction since JAVITS is a New York Public Benefit Corporation
pursuant to Public Authorities Law §2562.
2. This Court has jurisdiction to grant the filing of a late Notice of Claim, nunc pro
tunc and deem the Notice of Claim timely filed, pursuant to General Municipal Law §50–e (7).
THE PARTIES
3. Plaintiff, KRISTIN BALLAS, is a citizen of the State of Pennsylvania, domiciled
and residing at 127 Olympic Road, Collegeville, Pennsylvania 19426.
4. JAVITS was and still is a public-benefit nonprofit corporation duly organized and
existing under and by virtue of the laws of the State of New York, having its principal place of
business located at 655 West 34th Street, New York, New York.
FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023
5. Defendant, JAVITS, its servants, agents and/or employees managed, operated,
maintained, supervised, and controlled the premises known as The Jacob K. Javits Convention
Center and the various portions thereof, including the 4th floor of the aforesaid premises, and had
possession of said premises.
6. On May 25, 2022, at approximately 12:42 P.M., while the plaintiff, KRISTIN
BALLAS, as rightfully and lawfully on the 4th floor of the aforementioned premises, attending a
technology conference being sponsored by Greenhouse Software, Inc., and while sitting on a
“swing chair/table”, said “swing chair/table” collapsed and toppled, causing plaintiff to sustain
serious and permanent personal injuries.
7. The defendants, their agents, servants and/or employees, were negligent in failing
to properly assemble, install, secure, anchor, operate, control, manage, inspect, repair, maintain,
and supervise the aforesaid “swing chair/table” on the 4th floor of the aforesaid premises; in
causing and permitting an unsafe and hazardous condition to exist at the aforesaid premises; in
failing to inspect, maintain, repair or replace the extremely hazardous conditions aforementioned;
in suffering, causing and permitting the plaintiff to enter into a position of danger; in subjecting
said plaintiff to unusual and unnecessary hazards and dangers; in failing to employ adequate and
sufficient help to properly maintain and inspect the aforementioned area; in violating the
Administrative Code and the Building Code of the City of New York; in causing and permitting
the condition that brought about the collapse of the aforementioned “swing chair/table” at said
premises; in creating a trap; in creating a nuisance, and in failing to maintain the aforesaid area in
a reasonably, safe and suitable condition.
8. Plaintiff has timely filed a Notice of Claim against JAVITS.
2
FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023
9. The defendants had actual and constructive notice of all of the foregoing.
10. As a result of the carelessness and negligence of the defendants as aforesaid,
plaintiff, KRISTIN BALLAS, was seriously and permanently injured, and was caused to suffer
and will continue to suffer great physical and mental pain.
14. Plaintiff, KRISTIN BALLAS, in no way contributed to the foregoing, and her
injuries were solely due to the negligence and carelessness of the defendants.
15. The amount of damages sought in this action exceeds the jurisdictional limits of all
lower courts which would otherwise have jurisdiction.
WHEREFORE, plaintiff demands judgment against the defendants, NEW YORK
CONVENTION CENTER OPERATING CORPORATION, d/b/a THE JACOB K. JAVITS
CONVENTION CENTER, together with the costs and disbursements of this action.
Dated: New York, New York
March 23, 2023
Yours, etc.
SMILEY & SMILEY, LLP
By:
ROSA M. FEENEY
Attorneys for Plaintiff
122 East 42nd Street, Suite 3900
New York, New York 10168
(212) 986-2022
3
FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023
INDIVIDUAL VERIFICATION
STA TE OF PENNS7L VANW.,
()a,Q� f '- ) SS:
COUNTY OF MOtfi'COMf!R¥- )
KRISTI N BALLAS, being duly sworn say that I am the plaintiff in the action herein, I
have read the annexed COMPLAINT and know the contents thereof; that the same is true of my
own knowledge, except matters alleged upon information and belief, and that as to those matters,
I believe them to be true.
si1 eALLAS
Sw� to before e t this
2.t� day of ffPt)Pi. ch , 2023 tommom.fll:�. of ?tr.r.sytvanta • �aurt Seal
ROBERT LfSWhh • �o:art l'sb!tc
Otlaw1r• C:sr.cy
My ccmm1nlon Ex,trn A�r11 �. 2025
Comm1nlor. �umper , l9�571
��
NOTARY PUBLIC
Preview
FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023 EXHIBIT B FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NEW YORK --------------------------------------------------------------------x Date Filed: KRISTIN BALLAS, Plaintiff designates Plaintiff, New York County as the place of trial. -against- SUMMONS NEW YORK CONVENTION CENTER OPERATING CORPORATION, d/b/a THE JACOB K. JAVITS The basis of venue is CONVENTION CENTER, Defendant’s principle place of business Defendant. --------------------------------------------------------------------x To the above-named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff’s attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: New York, New York March 23, 2023 SMILEY & SMILEY, LLP Attorneys for Plaintiff By:_______________________ ROSA M. FEENEY 122 East 42nd Street, Suite 3900 New York, New York 10168 (212) 986-2022 FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023 DEFENDANT: NEW YORK CONVENTION CENTER OPERATING CORPORATION, d/b/a THE JACOB K. JAVITS CONVENTION CENTER 655 West 34th Street New York, New York 10001 2 FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023 SUPREME COURT OF THE STATE OF NEW YORK INDEX #: COUNTY OF NEW YORK ---------------------------------------------------------------------x KRISTIN BALLAS, Plaintiff, -against- VERIFIED COMPLAINT NEW YORK CONVENTION CENTER OPERATING CORPORATION, d/b/a THE JACOB K. JAVITS CONVENTION CENTER, Defendants. ----------------------------------------------------------------------x Plaintiff, KRISTIN BALLAS, by her attorneys, SMILEY & SMILEY, LLP, complaining of the defendants, NEW YORK CONVENTION CENTER OPERATING CORPORATION, d/b/a THE JACOB K. JAVITS CONVENTION CENTER, (hereinafter “JAVITS”) hereinafter alleges upon information and belief at all times relevant hereto, as follows: JURISDICTION 1. This court has jurisdiction since JAVITS is a New York Public Benefit Corporation pursuant to Public Authorities Law §2562. 2. This Court has jurisdiction to grant the filing of a late Notice of Claim, nunc pro tunc and deem the Notice of Claim timely filed, pursuant to General Municipal Law §50–e (7). THE PARTIES 3. Plaintiff, KRISTIN BALLAS, is a citizen of the State of Pennsylvania, domiciled and residing at 127 Olympic Road, Collegeville, Pennsylvania 19426. 4. JAVITS was and still is a public-benefit nonprofit corporation duly organized and existing under and by virtue of the laws of the State of New York, having its principal place of business located at 655 West 34th Street, New York, New York. FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023 5. Defendant, JAVITS, its servants, agents and/or employees managed, operated, maintained, supervised, and controlled the premises known as The Jacob K. Javits Convention Center and the various portions thereof, including the 4th floor of the aforesaid premises, and had possession of said premises. 6. On May 25, 2022, at approximately 12:42 P.M., while the plaintiff, KRISTIN BALLAS, as rightfully and lawfully on the 4th floor of the aforementioned premises, attending a technology conference being sponsored by Greenhouse Software, Inc., and while sitting on a “swing chair/table”, said “swing chair/table” collapsed and toppled, causing plaintiff to sustain serious and permanent personal injuries. 7. The defendants, their agents, servants and/or employees, were negligent in failing to properly assemble, install, secure, anchor, operate, control, manage, inspect, repair, maintain, and supervise the aforesaid “swing chair/table” on the 4th floor of the aforesaid premises; in causing and permitting an unsafe and hazardous condition to exist at the aforesaid premises; in failing to inspect, maintain, repair or replace the extremely hazardous conditions aforementioned; in suffering, causing and permitting the plaintiff to enter into a position of danger; in subjecting said plaintiff to unusual and unnecessary hazards and dangers; in failing to employ adequate and sufficient help to properly maintain and inspect the aforementioned area; in violating the Administrative Code and the Building Code of the City of New York; in causing and permitting the condition that brought about the collapse of the aforementioned “swing chair/table” at said premises; in creating a trap; in creating a nuisance, and in failing to maintain the aforesaid area in a reasonably, safe and suitable condition. 8. Plaintiff has timely filed a Notice of Claim against JAVITS. 2 FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023 9. The defendants had actual and constructive notice of all of the foregoing. 10. As a result of the carelessness and negligence of the defendants as aforesaid, plaintiff, KRISTIN BALLAS, was seriously and permanently injured, and was caused to suffer and will continue to suffer great physical and mental pain. 14. Plaintiff, KRISTIN BALLAS, in no way contributed to the foregoing, and her injuries were solely due to the negligence and carelessness of the defendants. 15. The amount of damages sought in this action exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, plaintiff demands judgment against the defendants, NEW YORK CONVENTION CENTER OPERATING CORPORATION, d/b/a THE JACOB K. JAVITS CONVENTION CENTER, together with the costs and disbursements of this action. Dated: New York, New York March 23, 2023 Yours, etc. SMILEY & SMILEY, LLP By: ROSA M. FEENEY Attorneys for Plaintiff 122 East 42nd Street, Suite 3900 New York, New York 10168 (212) 986-2022 3 FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM INDEX NO. 152786/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/24/2023 INDIVIDUAL VERIFICATION STA TE OF PENNS7L VANW., ()a,Q� f '- ) SS: COUNTY OF MOtfi'COMf!R¥- ) KRISTI N BALLAS, being duly sworn say that I am the plaintiff in the action herein, I have read the annexed COMPLAINT and know the contents thereof; that the same is true of my own knowledge, except matters alleged upon information and belief, and that as to those matters, I believe them to be true. si1 eALLAS Sw� to before e t this 2.t� day of ffPt)Pi. ch , 2023 tommom.fll:�. of ?tr.r.sytvanta • �aurt Seal ROBERT LfSWhh • �o:art l'sb!tc Otlaw1r• C:sr.cy My ccmm1nlon Ex,trn A�r11 �. 2025 Comm1nlor. �umper , l9�571 �� NOTARY PUBLIC