Preview
INDEX NO. 151660/2014
FILED: NEW YORK COUNTY CLERK 0272572014)
NYSCEF DOC. NQ. 1 RECEIVED NYSCEF: 02/25/2014
Supreme Court of the State of New York
County of New York
SSX Date of Filing:
AMY YAGER, INDEX NO.:
The plaintiff designates
Plaintiff, New York County as the
place of trial.
The basis of venue is
-against-
defendant’s principle
FUGAZY SPORTS & ENTERTAINMENT, LLC and place of business:
MICHAEL CHAPPELL, 1270 Avenue of the
Americas, 5 Floor, Ne
Defendant(s). York, NY 10020
oe rs ted
Summons
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
20 days after the service of this summons, exclusive of the day of service for
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.
Dated: Hempstead, New York
February 10, 2014
Yours, etc.,
D/A: 10/13/13
LAW OFFICES OF
ZEMSKY AND SALOMON, P.C.
Attorneys for Plaintiff
Office & P.O. Address
33 Front Street Suite 207
LAW OFFICES OF DEFENDANT'S ADDRESS: Hempstead, New York 11550
ZEMSKY & SALOMON, P.c. (516) 485-3800
‘95 FRONT STREET « SUITE 2
HEMPSTEAD, NY 11550
(516) 485-3800 FUGAZY SPORTS & ENTERTAINMENT, LLC, 1270 Avenue of the Americas, 15' Floor,
Fax: 516-485-3280 New York, NY 10020 and SOS pursuant to the BCL.
MICHAEL CHAPPELL
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
panna nana nana onan neon -- 8-8-8 -n 2-2-8888 n= 2 nae Index #:
AMY YAGER,
Plaintiff,
-against- COMPLAINT
FUGAZY SPORTS & ENTERTAINMENT, LLC and
MICHAEL CHAPPELL,
Defendant(s).
a eh tienes
Plaintiff, by her attorneys, LAW OFFICES OF ZEMSKY AND SALOMON,
P.C., complaining of the defendants, respectfully alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF, AMY YAGER
FIRST: That, at all times hereinafter mentioned, plaintiff was and still is a
resident of the County of Nassau, State of New York.
SECOND: That, upon information and belief and at all times hereinafter
mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, was and still is a
domestic corporation authorized to transact business in the State of New York.
THIRD:That, upon information and belief and at all times hereinafter
mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, was and still is a
foreign corporation authorized to transact business in the State of New York.
FOURTH: That, upon information and belief and at all times hereinafter
LAW OFFICES OF
ZEMSKY & SALOMON, P.C. mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, was a
95 FRONT STREET- SUITE 2
HEMPSTEAD, NY 11550 proprietorship maintaining a place for the transaction of business in the State of
(516) 485-3800
Fax: 516-485-3280
New York.
FIFTH: That, upon information and belief and at all times hereinafter
mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, is a company
maintaining a place for the transaction of business in the State of New York.
SIXTH: That, upon information and belief and at all times hereinafter
mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, is a partnership
maintaining a place for the transaction of business in the State of New York.
SEVENTH: That, upon information and belief and at all times hereinafter
mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, is a business
organization transacting business in the State of New York and maintains a
place for the transaction of business in the State of New York.
EIGHTH: That, upon information and belief and at all times hereinafter
mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, actually
transacted business in the State of New York.
NINTH: That, upon information and belief, and at all the times
hereinafter mentioned, defendant, MICHAEL CHAPPELL, was and still is a
resident of the State of New York.
TENTH: That, upon information and belief, and at all times hereinafter
mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, was the owner
of a certain golf cart used to transport members of the public who attend New
York Jets home football games played at MetLife Stadium located at One
LAW OFFICES OF
[EMSKY & SALOMON, P.c. Stadium Drive, East Rutherford, NJ, from the stadium exit gates to their cars.
i FRONT STREET - SUITE 2
HEMPSTEAD, NY 11550 ELEVENTH: That, upon information and belief, and at all times hereinafter
(816) 485-3800
Fax: 516-485-3280
mentioned, defendant, MICHAEL CHAPPELL, was the operator of the aforesaid
golf cart with knowledge and consent of its owner.
TWELVE: That, upon information and belief, and at all times hereinafter
mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, maintained the
aforesaid golf cart.
THIRTEENTH: That, upon information and belief, and at all times hereinafter
mentioned, defendant, MICHAEL CHAPPELL, maintained the aforesaid golf cart.
FOURTEENTH: That, upon information and belief, and at all times
hereinafter mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC,
controlled the aforesaid golf cart.
FIFTEENTH: That, upon information and belief, and at all times hereinafter
mentioned, defendant, MICHAEL CHAPPELL, controlled the aforesaid golf cart.
SIXTEENTH: That, upon information and belief, and at all times hereinafter
mentioned, defendant, MICHAEL CHAPPELL, was an employee of the
defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC
SEVENTEENTH: That, upon information and belief, and at all times
hereinafter mentioned, defendant, MICHAEL CHAPPELL, was acting within the
scope of his employment.
EIGHTEENTH:That, at all times hereinafter mentioned, MetLife Stadium
parking lot, located at One Stadium Drive, East Rutherford, NJ was and still is a
LAW OFFICES OF
'EMSKY & SALOMON, P.C.
i FRONT STREET - SUITE 2
public thoroughfare.
HEMPSTEAD, NY 11550
(516) 485-3800 NINTEENTH: That, on or about the 13% day of October 2013, at
Fax: 516-485-3280
approximately 5:00 p.m., plaintiff, AMY YAGER, was a passenger in the
defendants’ golf cart.
TWENTIETH: That, on the aforesaid date at the aforesaid location, the golf
cart owned by defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, and
operated by defendant, MICHAEL CHAPPELL, was being operated in reckless
manner causing the Plaintiff to be thrown from the golf cart.
TWENTY-FIRST: That, the aforesaid occurrence and the injuries resulting
therefrom were caused wholly and solely through and by reason of the
carelessness, recklessness and negligence of the defendant(s); in failing and
omitting to have said golf cart under proper and reasonable control; in
carelessly and negligently causing and permitting said golf cart to be operated
over and along a public and or private roadway at a high and/or excessive
rate of speed and/or at a greater rate of soeed than care and caution would
permit under the circumstances and conditions then and there existing to the
knowledge of the defendant(s); in causing and permitting said golf cart to be
operated in a manner contrary to and in violation of the statutes and police
regulations in such cases made and provided and then and there in effect; in
carelessly and negligently failing and omitting to provide and/or make proper,
prompt and timely use of adequate and efficient brakes, signaling devices and
steering mechanisms; in carelessly and negligently failing and omitting to keep
and maintain a proper lookout and be reasonably alert; in recklessly, carelessly
LAW OFFICES OF
ZEMSKY & SALOMON, P.C.
and negligently weaving the golf cart back and forth; and the defendants were
5 FRONT STREET - SUITE 2
HEMPSTEAD, NY 11550
(516) 485-3800 otherwise negligent and careless in failing and omitting to take proper and
Fax: 516-485-3280
suitable precautions to avoid the said occurrence.
TWENTY-SECOND: The said occurrence and the serious and severe injuries
sustained by the plaintiff were occasioned without any negligence on the part
of this plaintiff in any manner contributing thereto.
TWENTY-THIRD: That this action falls within one or more of the
exceptions set forth in CPLR 1602 and does not limit the liability of the
defendants’ joint or several responsibility.
TWENTY-FOURH: By reason of the foregoing plaintiff, AMY YAGER has
been damaged in the sum within the jurisdictional limits of this Court and for an
amount in excess of the jurisdictional limits of the lower Courts of the State of
New York.
WHEREFORE, plaintiff demands judgment against the defendant(s) in the
sum within the jurisdictional limits of this Court and for an amount in excess of the
jurisdictional limits of the lower Courts of the State of New York on the first cause
of action together with the costs and disbursements of this action and for such
other and further relief as this Court deems just and proper.
Dated: Hempstead, New York
February 10, 2014
Yours, etc.,
LAW OFFICES OF
ZEMSKY AND SALOMON, P.C
Attorneys for Plaintiff
LAW OFFICES OF 33 Front Street Suite 207
ZEMSKY & SALOMON, P.C. Hempstead, New York 11550
5 FRONT STREET- SUITE 2
HEMPSTEAD, NY 11550 (516) 485-3800
(516) 485-3800
Fax: 516-485-3280
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
i ee
er nee Index#:
AMY YAGER,
Plaintiff(s),
CERTIFICATION
- against - PURSUANT TO SECTION
130-1.1-A
FUGAZY SPORTS & ENTERTAINMENT, LLC and
MICHAEL CHAPPELL,
Defendant(s),
Sie ae een
SIRS:
PLEASE TAKE NOTICE, that the accompanying papers are being served
pursuant to section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR):
SUMMONS AND COMPLAINT
Dated: Hempstead, New York
February 10, 2014
Yours, etc.,
LAW OFFICES OF
ZEMSKY AND SALOMON, P.C.
BY >» 2
MICHAEL L. SALOMON, ESQ.
Attorney(s) for Plaintiff(s)
Office & P.O. Address
LAW OFFICES OF 33 Front Street Suite 207
ZEMSKY & SALOMON, P.C. Hempstead, New York 11550
15 FRONT STREET + SUITE 2 (516) 485-3800
HEMPSTEAD, NY 11550
(516) 485-3800
Fax: 516-485-3280
Preview
INDEX NO. 151660/2014 FILED: NEW YORK COUNTY CLERK 0272572014) NYSCEF DOC. NQ. 1 RECEIVED NYSCEF: 02/25/2014 Supreme Court of the State of New York County of New York SSX Date of Filing: AMY YAGER, INDEX NO.: The plaintiff designates Plaintiff, New York County as the place of trial. The basis of venue is -against- defendant’s principle FUGAZY SPORTS & ENTERTAINMENT, LLC and place of business: MICHAEL CHAPPELL, 1270 Avenue of the Americas, 5 Floor, Ne Defendant(s). York, NY 10020 oe rs ted Summons 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 20 days after the service of this summons, exclusive of the day of service for 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. Dated: Hempstead, New York February 10, 2014 Yours, etc., D/A: 10/13/13 LAW OFFICES OF ZEMSKY AND SALOMON, P.C. Attorneys for Plaintiff Office & P.O. Address 33 Front Street Suite 207 LAW OFFICES OF DEFENDANT'S ADDRESS: Hempstead, New York 11550 ZEMSKY & SALOMON, P.c. (516) 485-3800 ‘95 FRONT STREET « SUITE 2 HEMPSTEAD, NY 11550 (516) 485-3800 FUGAZY SPORTS & ENTERTAINMENT, LLC, 1270 Avenue of the Americas, 15' Floor, Fax: 516-485-3280 New York, NY 10020 and SOS pursuant to the BCL. MICHAEL CHAPPELL SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK panna nana nana onan neon -- 8-8-8 -n 2-2-8888 n= 2 nae Index #: AMY YAGER, Plaintiff, -against- COMPLAINT FUGAZY SPORTS & ENTERTAINMENT, LLC and MICHAEL CHAPPELL, Defendant(s). a eh tienes Plaintiff, by her attorneys, LAW OFFICES OF ZEMSKY AND SALOMON, P.C., complaining of the defendants, respectfully alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF, AMY YAGER FIRST: That, at all times hereinafter mentioned, plaintiff was and still is a resident of the County of Nassau, State of New York. SECOND: That, upon information and belief and at all times hereinafter mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, was and still is a domestic corporation authorized to transact business in the State of New York. THIRD:That, upon information and belief and at all times hereinafter mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, was and still is a foreign corporation authorized to transact business in the State of New York. FOURTH: That, upon information and belief and at all times hereinafter LAW OFFICES OF ZEMSKY & SALOMON, P.C. mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, was a 95 FRONT STREET- SUITE 2 HEMPSTEAD, NY 11550 proprietorship maintaining a place for the transaction of business in the State of (516) 485-3800 Fax: 516-485-3280 New York. FIFTH: That, upon information and belief and at all times hereinafter mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, is a company maintaining a place for the transaction of business in the State of New York. SIXTH: That, upon information and belief and at all times hereinafter mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, is a partnership maintaining a place for the transaction of business in the State of New York. SEVENTH: That, upon information and belief and at all times hereinafter mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, is a business organization transacting business in the State of New York and maintains a place for the transaction of business in the State of New York. EIGHTH: That, upon information and belief and at all times hereinafter mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, actually transacted business in the State of New York. NINTH: That, upon information and belief, and at all the times hereinafter mentioned, defendant, MICHAEL CHAPPELL, was and still is a resident of the State of New York. TENTH: That, upon information and belief, and at all times hereinafter mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, was the owner of a certain golf cart used to transport members of the public who attend New York Jets home football games played at MetLife Stadium located at One LAW OFFICES OF [EMSKY & SALOMON, P.c. Stadium Drive, East Rutherford, NJ, from the stadium exit gates to their cars. i FRONT STREET - SUITE 2 HEMPSTEAD, NY 11550 ELEVENTH: That, upon information and belief, and at all times hereinafter (816) 485-3800 Fax: 516-485-3280 mentioned, defendant, MICHAEL CHAPPELL, was the operator of the aforesaid golf cart with knowledge and consent of its owner. TWELVE: That, upon information and belief, and at all times hereinafter mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, maintained the aforesaid golf cart. THIRTEENTH: That, upon information and belief, and at all times hereinafter mentioned, defendant, MICHAEL CHAPPELL, maintained the aforesaid golf cart. FOURTEENTH: That, upon information and belief, and at all times hereinafter mentioned, defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, controlled the aforesaid golf cart. FIFTEENTH: That, upon information and belief, and at all times hereinafter mentioned, defendant, MICHAEL CHAPPELL, controlled the aforesaid golf cart. SIXTEENTH: That, upon information and belief, and at all times hereinafter mentioned, defendant, MICHAEL CHAPPELL, was an employee of the defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC SEVENTEENTH: That, upon information and belief, and at all times hereinafter mentioned, defendant, MICHAEL CHAPPELL, was acting within the scope of his employment. EIGHTEENTH:That, at all times hereinafter mentioned, MetLife Stadium parking lot, located at One Stadium Drive, East Rutherford, NJ was and still is a LAW OFFICES OF 'EMSKY & SALOMON, P.C. i FRONT STREET - SUITE 2 public thoroughfare. HEMPSTEAD, NY 11550 (516) 485-3800 NINTEENTH: That, on or about the 13% day of October 2013, at Fax: 516-485-3280 approximately 5:00 p.m., plaintiff, AMY YAGER, was a passenger in the defendants’ golf cart. TWENTIETH: That, on the aforesaid date at the aforesaid location, the golf cart owned by defendant, FUGAZY SPORTS & ENTERTAINMENT, LLC, and operated by defendant, MICHAEL CHAPPELL, was being operated in reckless manner causing the Plaintiff to be thrown from the golf cart. TWENTY-FIRST: That, the aforesaid occurrence and the injuries resulting therefrom were caused wholly and solely through and by reason of the carelessness, recklessness and negligence of the defendant(s); in failing and omitting to have said golf cart under proper and reasonable control; in carelessly and negligently causing and permitting said golf cart to be operated over and along a public and or private roadway at a high and/or excessive rate of speed and/or at a greater rate of soeed than care and caution would permit under the circumstances and conditions then and there existing to the knowledge of the defendant(s); in causing and permitting said golf cart to be operated in a manner contrary to and in violation of the statutes and police regulations in such cases made and provided and then and there in effect; in carelessly and negligently failing and omitting to provide and/or make proper, prompt and timely use of adequate and efficient brakes, signaling devices and steering mechanisms; in carelessly and negligently failing and omitting to keep and maintain a proper lookout and be reasonably alert; in recklessly, carelessly LAW OFFICES OF ZEMSKY & SALOMON, P.C. and negligently weaving the golf cart back and forth; and the defendants were 5 FRONT STREET - SUITE 2 HEMPSTEAD, NY 11550 (516) 485-3800 otherwise negligent and careless in failing and omitting to take proper and Fax: 516-485-3280 suitable precautions to avoid the said occurrence. TWENTY-SECOND: The said occurrence and the serious and severe injuries sustained by the plaintiff were occasioned without any negligence on the part of this plaintiff in any manner contributing thereto. TWENTY-THIRD: That this action falls within one or more of the exceptions set forth in CPLR 1602 and does not limit the liability of the defendants’ joint or several responsibility. TWENTY-FOURH: By reason of the foregoing plaintiff, AMY YAGER has been damaged in the sum within the jurisdictional limits of this Court and for an amount in excess of the jurisdictional limits of the lower Courts of the State of New York. WHEREFORE, plaintiff demands judgment against the defendant(s) in the sum within the jurisdictional limits of this Court and for an amount in excess of the jurisdictional limits of the lower Courts of the State of New York on the first cause of action together with the costs and disbursements of this action and for such other and further relief as this Court deems just and proper. Dated: Hempstead, New York February 10, 2014 Yours, etc., LAW OFFICES OF ZEMSKY AND SALOMON, P.C Attorneys for Plaintiff LAW OFFICES OF 33 Front Street Suite 207 ZEMSKY & SALOMON, P.C. Hempstead, New York 11550 5 FRONT STREET- SUITE 2 HEMPSTEAD, NY 11550 (516) 485-3800 (516) 485-3800 Fax: 516-485-3280 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK i ee er nee Index#: AMY YAGER, Plaintiff(s), CERTIFICATION - against - PURSUANT TO SECTION 130-1.1-A FUGAZY SPORTS & ENTERTAINMENT, LLC and MICHAEL CHAPPELL, Defendant(s), Sie ae een SIRS: PLEASE TAKE NOTICE, that the accompanying papers are being served pursuant to section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR): SUMMONS AND COMPLAINT Dated: Hempstead, New York February 10, 2014 Yours, etc., LAW OFFICES OF ZEMSKY AND SALOMON, P.C. BY >» 2 MICHAEL L. SALOMON, ESQ. Attorney(s) for Plaintiff(s) Office & P.O. Address LAW OFFICES OF 33 Front Street Suite 207 ZEMSKY & SALOMON, P.C. Hempstead, New York 11550 15 FRONT STREET + SUITE 2 (516) 485-3800 HEMPSTEAD, NY 11550 (516) 485-3800 Fax: 516-485-3280