Preview
(FILED: NEW YORK COUNTY CLERK 0272572014) INDEX NO. 151665/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/25/2014
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK Date Purchased:
COUNTY OF NEW YORK
wane ne ne nen enon ene e nnn n nen en ee nen nen en ec eenee
SANDRA ENGELMAN, SUMMONS
Plaintiff, Plaintiff designates
-against- NEW YORK
County as the place of venue:
THE CITY OF NEW YORK AND CONSOLIDATED
EDISON COMPANY OF NEW YORK, INC., The basis of the venue is:
LOCATION OF
Defendants. OCCURENCE
e nen nee n en nen eee nn ne nen en nent ee TS,
denen
Plaintiff Resides at:
120 E. Hartsdale Avenue, Apt. 7N
Hartsdale, NY 10530
TO THE ABOVE NAMED DEFENDANT
complaint in this action and to serve a
YOU ARE HEREBY SUMMONED to answer the e of
ved with this summons, to serve a notic
copy of your answer, or if the complaint is not se!
appearance, on the Plaintiff's Attorney(s) within
20 days after the service of this summons,
the service is complete if this summons is
exclusive of the day of service or within 30 days after
York; and in case of your failure to appear
not personally delivered to you within the Stat e of New
answer, judgment will be taken against you by defau
lt for the relief demanded in the complaint.
or
Dated: New York, New York
December 30, 2013
Yours, etc.
Y
Robert J rkowitz, Es
‘
BERK: ITZ & RGAS, P.C.
Attomegs for Plaipti
SANDRA ENG! MA)
225 Broadway, Suit 607
New York, New York 10007
(212) 240-3880
Our File No.: 13-0009
To:
THE CITY OF NEW YORK
100 Church Street
New York, NY 10007
NEW YORK, INC.
CONSOLIDATED EDISON COMPANY OF
4 Irving Place
New York, NY 10003-0987
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
veeeeneceneecnneneeeeereeanenenneceecenseeeeeeennnnnnnnnenanomenasman] x
SANDRA ENGELMAN, Index No.:
Plaintiff,
-against-
VERIFIED COMPLAINT
THE CITY OF NEW YORK AND CONSOLIDATED
EDISON COMPANY OF NEW YORK, INC.,
Defendants.
ween nen n nnn nen enn n nnn ee eee n ene e en en ncn nn ee emen enn --X
ts,
Plaintiff by her attomeys, BERKOWITZ & VARGAS, P.C. complaining of the defendan
respectfully states to this Court and alleges upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF
SANDRA ENGE
PLAINTIFF ee
OF EAL eer LMAN
1 That at the time of the commencement of this action, Plaintiff SANDRA
ENGELMAN resided in the County of Westchester, State of New York.
York, State of
2 That the cause of action alleged herein arose in the County of New
New York.
OF NEW
3 That at all times hereinafter mentioned that the Defendant, THE CITY
under and
YORK was and still is a Domestic Municipal Corporation, duly organized and existing
by virtue of the laws of the State of New York.
ATED
3 That at all times hereinafter mentioned that the Defendant, CONSOLID
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.
upon and
4 That heretofore, on the 24" day of May 2013, the Plaintiff duly served
forth
filed with the Defendant THE CITY OF NEW YORK a Verified Notice of Claim, setting
of the claim; the time
the names and post office address of claimant and of her attomeys, the nature
of damage and
when, place and where and manner in which the claim arose, as well as the items
arose; and
injuries. That said Notice of Claim was served within ninety (90) days after the claim
ng of the event
that this action is commenced within one year and ninety (90) days after the happeni
upon which the claim is based.
Claim,
5 That at least thirty (30) days has elapsed since the service of such Notice of
any
and the defendant THE CITY OF NEW YORK has neglected and refused to make
adjustment or payment thereof.
Section 50(h), a
6. That on August 16, 2013, pursuant to General Municipal Law
a designated
hearing was held at the office of THE CITY OF NEW YORK or at the office of
agent.
ant THE
7 That on March 9, 2013, and at all times herein mentioned, the Defend
more specifically,
CITY OF NEW YORK had the duty to keep and maintain the public roadways,
ay at or near the South
the intersection of West 45" Street at the Junction of 7 Avenue and Broadw
n.
Crosswalk in the County of New York, State of New York, ina reasonably safe conditio
West 45" Street at
8 That, 2013, and at all times herein mentioned, the intersection of
lk, in the County of New
the Junction of 7" Avenue and Broadway at or near the South Crosswa
York, City and State of New York was and still is a public roadway.
aforementioned
9 That on March 9, 2013, and at all times herein mentioned, the
public roadway was owned by Defendant THE CITY OF NEW YORK.
ant THE CITY
10. That on March 9, 2013, and at all times herein mentioned, Defend
OF NEW YORK, operated the aforementioned public roadway.
ant THE CITY
1. That on March 9, 2013, and at all times herein mentioned, Defend
OF NEW YORK, managed the aforementioned public roadway.
ant THE CITY
12. That on March 9, 2013, and at all times herein mentioned, Defend
OF NEW YORK, maintained the aforementioned public roadway.
ant THE CITY
13. That on March 9, 2013, and at all times herein mentioned, Defend
OF NEW YORK, controlled the aforementioned public roadway.
2013, and at all times herein mentioned, Defendant
14. That on March 9,
OF NEW YORK, INC., operated the
CONSOLIDATED EDISON COMPANY
aforementioned public roadway.
That on March 2013, and at all times herein mentioned, Defendant
15. 9,
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., managed the
aforementioned public roadway.
That on March 2013, and at all times herein mentioned, Defendant
16. 9,
COMPANY OF NEW YORK, INC., maintained the
CONSOLIDATED EDISON
aforementioned public roadway.
and at all times herein mentioned, Defendant
17. That on March 9, 2013,
COMPANY OF NEW YORK, INC., controlled the
CONSOLIDATED EDISON
aforementioned public roadway.
it was the duty of
18. That on March 9, 2013, and at all times herein mentioned,
Defendant THE CITY OF NEW YORK to maintain the public roadways, more specifically, the
or near the South
intersection of West 45" Street at the Junction of 7 Avenue and Broadway at
bly safe condition.
Crosswalk in the County of New York, State of New York, in a reasona
19. That on March 9, 2013, and at all times herein mentioned, it was the duty of
Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., to maintain the
public roadways, more specifically, the intersection of West 45" Street at the Junction of 7” Avenue
and Broadway at or near the South Crosswalk in the County of New York, State of New York, ina
reasonably safe condition.
20. That on the 9"" day of March, 2013, Plaintiff SANDRA ENGELMAN, while
lawfully proceeding as a pedestrian at the intersection of West 45" Street at the Junction of 7”
Avenue and Broadway at or near the South Crosswalk in the County of New York, State of New
York, was caused to trip, slip, and fall and sustain serious and personal injuries.
21. That the above-mentioned occurrence, and the results thereof, were caused wholly
solely by the negligence of the Defendants, and/or said Defendants’ agents, servants, employees
and/or licensees in the ownership, operation, management, maintenance and control of the
aforementioned public roadway; and the Defendants was otherwise negligent, careless, reckless,
and grossly negligent.
22. That no negligence on the part of the Plaintiff contributed to the occurrence
alleged herein in any manner whatsoever.
23. That by reason of the foregoing and the negligent acts and omissions of the
Defendants as aforesaid, Plaintiff SANDRA ENGELMAN sustained severe, painful personal
injuries; shock and mental anguish; that these injuries and their effects will be permanent; and as
was
a result of said injuries, Plaintiff was rendered sick, sore, lame and disabled and so remains;
confined to, home and bed; was prevented from attending to her usual duties and occupation; has
lost and will continue to lose the enjoyment of life, and was obliged to seek and receive medical
care and attention and will hereafter necessarily seek further medical care and attention in
tional
consequence of the injuries aforesaid, all to her damage in a sum which exceeds the jurisdic
limits of all lower courts which would otherwise have jurisdiction.
of
WHEREFORE, Plaintiff SANDRA ENGELMAN demands judgment on the First Cause
lower courts
Action against the Defendants herein, in a sum exceeding the jurisdictional limits of all
this action.
which would otherwise have jurisdiction, together with the costs and disbursements of
Dated: New York, New York
December 30, 2013
Yours, etc.
bertJ ferkOwitz, Esq.
ERKOWITZ & VARG.
Attorneys for Plaintiff,
SANDRA ENGEL!
225 Broadway, Suite 1607
New York, New York 10007
(212) 240-3880
Our File No.: 13-0009
VERIFICATION
to practice in the courts of New
ROBERT J. BERKOWITZ, ESQ., an attorney admitted
true, under penalties for perjury.
York State, hereby affirms that the following statements are
OWITZ & VAI RGAS, P.C., attorneys
Jam an attomey at law and a member of the law firm BERK
for plaintiff SANDRA ENGELMAN.
I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof
rs stated to be alleged upon
and that the same is true to my knowledge except as to those matte
e them to be true. The reason this verification
information and belief, and as to those matters, I believ
is not made by the plaintiff S. ANDRA ENGELMAN is that the plaintiff SANDRA ENGELMAN
my office is maintained.
does not reside within the County of New York where
made to me by the
The grounds of my kn owledge, information and belief are statements
Plaintiff SANDRA ENGELMAN and the papers in my file.
Dated: New York, New York
February 14, 2014
/ROBE RKOWITZ
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK INDEX NO.:
SANDRA ENGELMAN,
Plaintiff,
-against-
THE CITY OF NEW YORK AND CONSOLIDATED
EDISON COMPANY OF NEW YORK, IN
Defendants.
SUMMONS & VERIFIED COMPLAINT
Berkowitz & Vargas, P.C.
Attorney for Plaintiff
225 Broadway, Suite 1607
New York, New York 10007
(212) 240-3880
File No.:
Signature (Rule 130-1.1-a)
To:
Robert J. Be owitz, Esq
ofa Copy of the within is hereby admitted.
|Attorney(s) for
scene
Signature and Date
PLEASE TAKE NOTICE:
oO NOTICE OF ENTRY
that the within is a (certified) true copy ofa
duly entered in the office of the clerk of the within named court on 20
NOTICE OF SETTLEMEN’
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
Dated, Yours, ete
Preview
(FILED: NEW YORK COUNTY CLERK 0272572014) INDEX NO. 151665/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/25/2014 Index No.: SUPREME COURT OF THE STATE OF NEW YORK Date Purchased: COUNTY OF NEW YORK wane ne ne nen enon ene e nnn n nen en ee nen nen en ec eenee SANDRA ENGELMAN, SUMMONS Plaintiff, Plaintiff designates -against- NEW YORK County as the place of venue: THE CITY OF NEW YORK AND CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., The basis of the venue is: LOCATION OF Defendants. OCCURENCE e nen nee n en nen eee nn ne nen en nent ee TS, denen Plaintiff Resides at: 120 E. Hartsdale Avenue, Apt. 7N Hartsdale, NY 10530 TO THE ABOVE NAMED DEFENDANT complaint in this action and to serve a YOU ARE HEREBY SUMMONED to answer the e of ved with this summons, to serve a notic copy of your answer, or if the complaint is not se! appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, the service is complete if this summons is exclusive of the day of service or within 30 days after York; and in case of your failure to appear not personally delivered to you within the Stat e of New answer, judgment will be taken against you by defau lt for the relief demanded in the complaint. or Dated: New York, New York December 30, 2013 Yours, etc. Y Robert J rkowitz, Es ‘ BERK: ITZ & RGAS, P.C. Attomegs for Plaipti SANDRA ENG! MA) 225 Broadway, Suit 607 New York, New York 10007 (212) 240-3880 Our File No.: 13-0009 To: THE CITY OF NEW YORK 100 Church Street New York, NY 10007 NEW YORK, INC. CONSOLIDATED EDISON COMPANY OF 4 Irving Place New York, NY 10003-0987 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK veeeeneceneecnneneeeeereeanenenneceecenseeeeeeennnnnnnnnenanomenasman] x SANDRA ENGELMAN, Index No.: Plaintiff, -against- VERIFIED COMPLAINT THE CITY OF NEW YORK AND CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendants. ween nen n nnn nen enn n nnn ee eee n ene e en en ncn nn ee emen enn --X ts, Plaintiff by her attomeys, BERKOWITZ & VARGAS, P.C. complaining of the defendan respectfully states to this Court and alleges upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF SANDRA ENGE PLAINTIFF ee OF EAL eer LMAN 1 That at the time of the commencement of this action, Plaintiff SANDRA ENGELMAN resided in the County of Westchester, State of New York. York, State of 2 That the cause of action alleged herein arose in the County of New New York. OF NEW 3 That at all times hereinafter mentioned that the Defendant, THE CITY under and YORK was and still is a Domestic Municipal Corporation, duly organized and existing by virtue of the laws of the State of New York. ATED 3 That at all times hereinafter mentioned that the Defendant, CONSOLID 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. upon and 4 That heretofore, on the 24" day of May 2013, the Plaintiff duly served forth filed with the Defendant THE CITY OF NEW YORK a Verified Notice of Claim, setting of the claim; the time the names and post office address of claimant and of her attomeys, the nature of damage and when, place and where and manner in which the claim arose, as well as the items arose; and injuries. That said Notice of Claim was served within ninety (90) days after the claim ng of the event that this action is commenced within one year and ninety (90) days after the happeni upon which the claim is based. Claim, 5 That at least thirty (30) days has elapsed since the service of such Notice of any and the defendant THE CITY OF NEW YORK has neglected and refused to make adjustment or payment thereof. Section 50(h), a 6. That on August 16, 2013, pursuant to General Municipal Law a designated hearing was held at the office of THE CITY OF NEW YORK or at the office of agent. ant THE 7 That on March 9, 2013, and at all times herein mentioned, the Defend more specifically, CITY OF NEW YORK had the duty to keep and maintain the public roadways, ay at or near the South the intersection of West 45" Street at the Junction of 7 Avenue and Broadw n. Crosswalk in the County of New York, State of New York, ina reasonably safe conditio West 45" Street at 8 That, 2013, and at all times herein mentioned, the intersection of lk, in the County of New the Junction of 7" Avenue and Broadway at or near the South Crosswa York, City and State of New York was and still is a public roadway. aforementioned 9 That on March 9, 2013, and at all times herein mentioned, the public roadway was owned by Defendant THE CITY OF NEW YORK. ant THE CITY 10. That on March 9, 2013, and at all times herein mentioned, Defend OF NEW YORK, operated the aforementioned public roadway. ant THE CITY 1. That on March 9, 2013, and at all times herein mentioned, Defend OF NEW YORK, managed the aforementioned public roadway. ant THE CITY 12. That on March 9, 2013, and at all times herein mentioned, Defend OF NEW YORK, maintained the aforementioned public roadway. ant THE CITY 13. That on March 9, 2013, and at all times herein mentioned, Defend OF NEW YORK, controlled the aforementioned public roadway. 2013, and at all times herein mentioned, Defendant 14. That on March 9, OF NEW YORK, INC., operated the CONSOLIDATED EDISON COMPANY aforementioned public roadway. That on March 2013, and at all times herein mentioned, Defendant 15. 9, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., managed the aforementioned public roadway. That on March 2013, and at all times herein mentioned, Defendant 16. 9, COMPANY OF NEW YORK, INC., maintained the CONSOLIDATED EDISON aforementioned public roadway. and at all times herein mentioned, Defendant 17. That on March 9, 2013, COMPANY OF NEW YORK, INC., controlled the CONSOLIDATED EDISON aforementioned public roadway. it was the duty of 18. That on March 9, 2013, and at all times herein mentioned, Defendant THE CITY OF NEW YORK to maintain the public roadways, more specifically, the or near the South intersection of West 45" Street at the Junction of 7 Avenue and Broadway at bly safe condition. Crosswalk in the County of New York, State of New York, in a reasona 19. That on March 9, 2013, and at all times herein mentioned, it was the duty of Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., to maintain the public roadways, more specifically, the intersection of West 45" Street at the Junction of 7” Avenue and Broadway at or near the South Crosswalk in the County of New York, State of New York, ina reasonably safe condition. 20. That on the 9"" day of March, 2013, Plaintiff SANDRA ENGELMAN, while lawfully proceeding as a pedestrian at the intersection of West 45" Street at the Junction of 7” Avenue and Broadway at or near the South Crosswalk in the County of New York, State of New York, was caused to trip, slip, and fall and sustain serious and personal injuries. 21. That the above-mentioned occurrence, and the results thereof, were caused wholly solely by the negligence of the Defendants, and/or said Defendants’ agents, servants, employees and/or licensees in the ownership, operation, management, maintenance and control of the aforementioned public roadway; and the Defendants was otherwise negligent, careless, reckless, and grossly negligent. 22. That no negligence on the part of the Plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 23. That by reason of the foregoing and the negligent acts and omissions of the Defendants as aforesaid, Plaintiff SANDRA ENGELMAN sustained severe, painful personal injuries; shock and mental anguish; that these injuries and their effects will be permanent; and as was a result of said injuries, Plaintiff was rendered sick, sore, lame and disabled and so remains; confined to, home and bed; was prevented from attending to her usual duties and occupation; has lost and will continue to lose the enjoyment of life, and was obliged to seek and receive medical care and attention and will hereafter necessarily seek further medical care and attention in tional consequence of the injuries aforesaid, all to her damage in a sum which exceeds the jurisdic limits of all lower courts which would otherwise have jurisdiction. of WHEREFORE, Plaintiff SANDRA ENGELMAN demands judgment on the First Cause lower courts Action against the Defendants herein, in a sum exceeding the jurisdictional limits of all this action. which would otherwise have jurisdiction, together with the costs and disbursements of Dated: New York, New York December 30, 2013 Yours, etc. bertJ ferkOwitz, Esq. ERKOWITZ & VARG. Attorneys for Plaintiff, SANDRA ENGEL! 225 Broadway, Suite 1607 New York, New York 10007 (212) 240-3880 Our File No.: 13-0009 VERIFICATION to practice in the courts of New ROBERT J. BERKOWITZ, ESQ., an attorney admitted true, under penalties for perjury. York State, hereby affirms that the following statements are OWITZ & VAI RGAS, P.C., attorneys Jam an attomey at law and a member of the law firm BERK for plaintiff SANDRA ENGELMAN. I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof rs stated to be alleged upon and that the same is true to my knowledge except as to those matte e them to be true. The reason this verification information and belief, and as to those matters, I believ is not made by the plaintiff S. ANDRA ENGELMAN is that the plaintiff SANDRA ENGELMAN my office is maintained. does not reside within the County of New York where made to me by the The grounds of my kn owledge, information and belief are statements Plaintiff SANDRA ENGELMAN and the papers in my file. Dated: New York, New York February 14, 2014 /ROBE RKOWITZ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO.: SANDRA ENGELMAN, Plaintiff, -against- THE CITY OF NEW YORK AND CONSOLIDATED EDISON COMPANY OF NEW YORK, IN Defendants. SUMMONS & VERIFIED COMPLAINT Berkowitz & Vargas, P.C. Attorney for Plaintiff 225 Broadway, Suite 1607 New York, New York 10007 (212) 240-3880 File No.: Signature (Rule 130-1.1-a) To: Robert J. Be owitz, Esq ofa Copy of the within is hereby admitted. |Attorney(s) for scene Signature and Date PLEASE TAKE NOTICE: oO NOTICE OF ENTRY that the within is a (certified) true copy ofa duly entered in the office of the clerk of the within named court on 20 NOTICE OF SETTLEMEN’ 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 Dated, Yours, ete