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INDEX NO. 151650/2014
FILED: NEW YORK COUNTY CLERK 04/08/2014)
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/08/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
inca a ae aa mia!
SHELLEY KARTEN and MARK KARTEN, Index No.: 151650/14
Date Purchased: 02/25/14
Plaintiffs, AMENDED SUMMONS
Plaintiff designates New York
-against- County as the place of trial.
The basis of venue is:
500-512 SEVENTH AVENUE LP, LLC., Plaintiff's residence
NEWMARK GRUBB KNIGHT FRANK,
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC., GIBRALTAR
CONTRACTING, INC. and G&E REAL ESTATE
MANAGEMENT SERVICES, INC.
Defendants.
on --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, or, if the complaint is not served with this summons, to serve a notice of appearance
on the Plaintiff's attorney(s) within twenty days after the service of this summons, exclusive of
the day of service, where service is made by delivery upon you personally within the state, or,
within 30 days after completion of service where service is made in any other manner. 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
April 7, 2014
Yours, ete.
THE SAFTLER LAW FIRM
Attorney: Plaintiff
By
Lawrent B. Saftler, Esq.
275 Madison Avenue, Ste. 1605
New York, NY 10016
(646) 865-0797
Defendants’ addresses:
500-512 7" AVENUE LP, LLC
c/o Secretary of State
NEWMARK GRUBB KNIGHT FRANK
c/o The Secretary of State
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC.,
c/o The Secretary of State
GIBRALTAR CONTRACTING, INC.
245 E. 137" St.
Bronx, NY 10451
G&E REAL ESTATE MANAGEMENT, INC
c/o The Secretary of State
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
aS SN NRSC
SHELLEY KARTEN and MARK KARTEN, Index No.: 151650/14
Plaintiffs, SUMMONS
-against-
500-512 SEVENTH AVENUE LP, LLC.,
NNEWMARK GRUBB KNIGHT FRANK and
NEW YORK, INC., GIBRALTAR
CONTRACTING, INC. and G&E REAL ESTATE
MANAGEMENT SERVICES, INC.
Defendants.
= os ‘se --X
Plaintiffs, by and through their attorneys, THE SAFTLER LAW FIRM, hereby sets forth
as and for their Complaint against the defendants as follows:
1 That all times hereinafter mentioned, plaintiffs were and are residents of the city,
State and County of New York.
2 That all times hereinafter mentioned, defendant, 500-512 Seventh Avenue. LP,
LLC, is and was a foreign limited liability company registered in the State and City of New York.
3 That all times hereinafter mentioned, the defendant 500-512 Seventh Avenue. LP,
LLC, is and was the owner of the building located at 500 -512 7th Ave., New York, NY 10018.
4 That all times hereinafter mentioned, defendant, Newman Grubb Knight Frank is
and was a company registered in the State of New York and licensed to do business within the
State of New York and operating under the laws existing therein.
5 That all times hereinafter mentioned, the defendant, Consolidated Edison Company
of New York, Inc., is and was a corporation duly organized and existing pursuant to the laws of
the State of New York.
6 That all times hereinafter mentioned, defendant, Gibraltar Contracting, Inc., is and
was a corporation duly organized and existing pursuant to the laws of the State of New York.
7. That upon information and belief the defendant Gibraltar Contracting, Inc. either
on behalf of Con Edison or another party did do certain repairs to the sidewalk located next to the
building located at 500-512 7" Avenue, New York, NY on West 38" Street between 7" Avenue
and 8" Avenue in the City and County of New York.
8 That upon information and belief the defendant G&E Real Estate Management
Services Inc. is and was a corporation duly organized and existing pursuant to the laws of the
State of New York and as such operates as the real estate management company on behalf of 500-
512 7" Avenue or some other entity in the City, County and State of New York making it
responsible for the premises thereat.
9 That on September 3, 2013, between approximately 1:30 PM and 2:00 PM, the
plaintiff Shelley Karten, while lawfully walking on a sidewalk, was caused to trip and fall in front
of the building located at 500 -512 7th Ave., New York, New York, all by reason of the
negligence of the defendants as stated herein, causing her serious personal injury.
10. That all times hereinafter mentioned, the defendants did own, operate, maintain,
control and otherwise repaired the location of this accident prior to the occurrence, and was
responsible for the maintenance and safety of its premises.
1. That at all times hereinafter mentioned, defendants did perform prior repairs at the
location of the occurrence that led to and caused the defect complained of herein.
12. That the negligence of the defendants as herein set forth includes, but is not limited
to the following: in failing to maintain the sidewalk; in leaving a broken, dilapidated and
otherwise defective condition at the location that cause the plaintiff's injury; in failing to warn
plaintiff of danger there in; in failing to keep the premises safe; in violating various rules,
regulations, laws and statutes and codes relating to the premises there in; in violating various
engineering principles; in failing to keep the location in a safe condition; failing to keep said
sidewalk free from the dangerous, defective and hazardous conditions there in; failing to
otherwise maintain the safety devices in and around the area; in failing to warn plaintiff of the
condition there in; in failing to prevent injury to the plaintiff as a result of the general negligence
of the defendants, their agents, servants and/or employees; in allowing a dangerous, defective and
hazardous trap to exist causing plaintiff to trip and fall; in allowing such a dangerous and
defective condition to exist thereat; in having prior written notice at least 15 days of said defective
condition; in failing to take remedial action prior to this accident; failing to maintain a negligent
condition within the sidewalk; in performing improper negligent construction; in performing
improper negligent repairs; in generally maintaining the roadway and safe and dangerous
condition caused and created by the defendants and in generally acting negligently and careless; in
violating Administrative Code 7-120, amongst other laws, rules, regulation and codes.
13. That article 16 of the CPLR does not apply.
14. That by reason of the negligence of the defendant, the plaintiff was caused to
become sore, lame and disabled; suffered economic and noneconomic loss, and upon information
belief, some of her injuries are permanent.
15. By reason of defendants neglect in causing the injuries to the plaintiff, the
defendant are liable to the plaintiff in an amount that exceeds jurisdictional limits of all lower
courts that would otherwise have jurisdiction herein.
AS AND FOR A SECOND CAUSE OF ACTION
16. That each and every paragraph is repeated and realleged herein as though set forth
herein at length fully.
17. That as alleged herein, the plaintiff, MARK KARTEN, is and was the
lawfully wedded spouse of the plaintiff, SHELLEY KARTEN, and as such was entitled to all that
care, comfort, society and consortium that the plaintiff, SHELLEY KARTEN, would have otherwise
provided.
18. That as a result of the negligence of said defendants, plaintiff, MARK KARTEN has
been caused to suffer the loss of services, care, comfort, society and consortium of the plaintiff,
SHELLEY KARTEN, and will have forever altered the course of the plaintiff’s, MARK KARTEN’s,
life, thereby suffering severe loss, emotional trauma all to his damage and detriment.
19. That as a result of the injuries sustained by plaintiff, SHELLEY KARTEN, by the
reason of the negligence of the defendants, as set forth herein, plaintiff, MARK KARTEN, has been
damaged in an amount that exceeds the jurisdictional limits of all lower Courts that would otherwise
have jurisdiction herein, together with costs and disbursements of this action.
WHEREFORE, the plaintiffs demand damages against the defendants in an amount which
exceeds the jurisdictional limits of all lower Courts that would otherwise have jurisdiction herein,
together costs and disbursements of this action.
Dated: New York, New York
April 7, 2014 Yours, etc.
BY:
TH AFTLER L
eo
Lawrence B. Safiler, Esq.
275 Madison Avenue, Ste. 1605
New York, New York 10016
646-865-0797
Ihave read the foregoing and I certify that upon information and belief, the source of
which is my review of the file maintained by my office in this action, that the foregoing is not
frivolous as defined in (c) of Section 130.1 of the Rules of the Chief Administrator.
Yours, etc.
Awrel filer, Esq.
THE SAFTL R LAW FIRM
275 Madison Avenue, Suite 1605
New York, NY 10016
(646) 865-0797
SUPREME
COURT
STATE OF NEW YORK, COUNTY OF NEW YOR¢Kdex No. 151650/14 Year
c
SHELLEY KARTEN and MARK KARTEN,
Plaintiff,
-against-
500-512 SEVENTH AVENUE LP, LLC,
SPRING SCAFFOLDING LLC., and
NEW YORK, INC., GIBRALTA
CONTRACTING INC. and G&E REAL ESTATE
MANAGEMENT SERVICES, INC.
Defi Hh 1 t
MMONS
SY VM AND-COA
ONSAND-COMPEA WEE
ENF
THE SAFTLER LAW FIRM
Attorneys) for
Plaintiff
Office and Post Office Address, Telephone
275 MADISON AVENUE
SUITE 1605
NEW YORK, NEW YORK 10016
(646) 865-0797
Signature (Rule 130-1.1-a)
Print name beneath
Service of a copy of the within is hereby admitted.
Attorney(s) for Dated:
PLEASE TAKE NOTICE:
O NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on
D NOTICE OF SETTLEMENT
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 at
Dated,
Yours, etc.
THE SAFTLER LAW FIRM
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INDEX NO. 151650/2014 FILED: NEW YORK COUNTY CLERK 04/08/2014) NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/08/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK inca a ae aa mia! SHELLEY KARTEN and MARK KARTEN, Index No.: 151650/14 Date Purchased: 02/25/14 Plaintiffs, AMENDED SUMMONS Plaintiff designates New York -against- County as the place of trial. The basis of venue is: 500-512 SEVENTH AVENUE LP, LLC., Plaintiff's residence NEWMARK GRUBB KNIGHT FRANK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., GIBRALTAR CONTRACTING, INC. and G&E REAL ESTATE MANAGEMENT SERVICES, INC. Defendants. on --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, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's attorney(s) within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. 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 April 7, 2014 Yours, ete. THE SAFTLER LAW FIRM Attorney: Plaintiff By Lawrent B. Saftler, Esq. 275 Madison Avenue, Ste. 1605 New York, NY 10016 (646) 865-0797 Defendants’ addresses: 500-512 7" AVENUE LP, LLC c/o Secretary of State NEWMARK GRUBB KNIGHT FRANK c/o The Secretary of State CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., c/o The Secretary of State GIBRALTAR CONTRACTING, INC. 245 E. 137" St. Bronx, NY 10451 G&E REAL ESTATE MANAGEMENT, INC c/o The Secretary of State SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK aS SN NRSC SHELLEY KARTEN and MARK KARTEN, Index No.: 151650/14 Plaintiffs, SUMMONS -against- 500-512 SEVENTH AVENUE LP, LLC., NNEWMARK GRUBB KNIGHT FRANK and NEW YORK, INC., GIBRALTAR CONTRACTING, INC. and G&E REAL ESTATE MANAGEMENT SERVICES, INC. Defendants. = os ‘se --X Plaintiffs, by and through their attorneys, THE SAFTLER LAW FIRM, hereby sets forth as and for their Complaint against the defendants as follows: 1 That all times hereinafter mentioned, plaintiffs were and are residents of the city, State and County of New York. 2 That all times hereinafter mentioned, defendant, 500-512 Seventh Avenue. LP, LLC, is and was a foreign limited liability company registered in the State and City of New York. 3 That all times hereinafter mentioned, the defendant 500-512 Seventh Avenue. LP, LLC, is and was the owner of the building located at 500 -512 7th Ave., New York, NY 10018. 4 That all times hereinafter mentioned, defendant, Newman Grubb Knight Frank is and was a company registered in the State of New York and licensed to do business within the State of New York and operating under the laws existing therein. 5 That all times hereinafter mentioned, the defendant, Consolidated Edison Company of New York, Inc., is and was a corporation duly organized and existing pursuant to the laws of the State of New York. 6 That all times hereinafter mentioned, defendant, Gibraltar Contracting, Inc., is and was a corporation duly organized and existing pursuant to the laws of the State of New York. 7. That upon information and belief the defendant Gibraltar Contracting, Inc. either on behalf of Con Edison or another party did do certain repairs to the sidewalk located next to the building located at 500-512 7" Avenue, New York, NY on West 38" Street between 7" Avenue and 8" Avenue in the City and County of New York. 8 That upon information and belief the defendant G&E Real Estate Management Services Inc. is and was a corporation duly organized and existing pursuant to the laws of the State of New York and as such operates as the real estate management company on behalf of 500- 512 7" Avenue or some other entity in the City, County and State of New York making it responsible for the premises thereat. 9 That on September 3, 2013, between approximately 1:30 PM and 2:00 PM, the plaintiff Shelley Karten, while lawfully walking on a sidewalk, was caused to trip and fall in front of the building located at 500 -512 7th Ave., New York, New York, all by reason of the negligence of the defendants as stated herein, causing her serious personal injury. 10. That all times hereinafter mentioned, the defendants did own, operate, maintain, control and otherwise repaired the location of this accident prior to the occurrence, and was responsible for the maintenance and safety of its premises. 1. That at all times hereinafter mentioned, defendants did perform prior repairs at the location of the occurrence that led to and caused the defect complained of herein. 12. That the negligence of the defendants as herein set forth includes, but is not limited to the following: in failing to maintain the sidewalk; in leaving a broken, dilapidated and otherwise defective condition at the location that cause the plaintiff's injury; in failing to warn plaintiff of danger there in; in failing to keep the premises safe; in violating various rules, regulations, laws and statutes and codes relating to the premises there in; in violating various engineering principles; in failing to keep the location in a safe condition; failing to keep said sidewalk free from the dangerous, defective and hazardous conditions there in; failing to otherwise maintain the safety devices in and around the area; in failing to warn plaintiff of the condition there in; in failing to prevent injury to the plaintiff as a result of the general negligence of the defendants, their agents, servants and/or employees; in allowing a dangerous, defective and hazardous trap to exist causing plaintiff to trip and fall; in allowing such a dangerous and defective condition to exist thereat; in having prior written notice at least 15 days of said defective condition; in failing to take remedial action prior to this accident; failing to maintain a negligent condition within the sidewalk; in performing improper negligent construction; in performing improper negligent repairs; in generally maintaining the roadway and safe and dangerous condition caused and created by the defendants and in generally acting negligently and careless; in violating Administrative Code 7-120, amongst other laws, rules, regulation and codes. 13. That article 16 of the CPLR does not apply. 14. That by reason of the negligence of the defendant, the plaintiff was caused to become sore, lame and disabled; suffered economic and noneconomic loss, and upon information belief, some of her injuries are permanent. 15. By reason of defendants neglect in causing the injuries to the plaintiff, the defendant are liable to the plaintiff in an amount that exceeds jurisdictional limits of all lower courts that would otherwise have jurisdiction herein. AS AND FOR A SECOND CAUSE OF ACTION 16. That each and every paragraph is repeated and realleged herein as though set forth herein at length fully. 17. That as alleged herein, the plaintiff, MARK KARTEN, is and was the lawfully wedded spouse of the plaintiff, SHELLEY KARTEN, and as such was entitled to all that care, comfort, society and consortium that the plaintiff, SHELLEY KARTEN, would have otherwise provided. 18. That as a result of the negligence of said defendants, plaintiff, MARK KARTEN has been caused to suffer the loss of services, care, comfort, society and consortium of the plaintiff, SHELLEY KARTEN, and will have forever altered the course of the plaintiff’s, MARK KARTEN’s, life, thereby suffering severe loss, emotional trauma all to his damage and detriment. 19. That as a result of the injuries sustained by plaintiff, SHELLEY KARTEN, by the reason of the negligence of the defendants, as set forth herein, plaintiff, MARK KARTEN, has been damaged in an amount that exceeds the jurisdictional limits of all lower Courts that would otherwise have jurisdiction herein, together with costs and disbursements of this action. WHEREFORE, the plaintiffs demand damages against the defendants in an amount which exceeds the jurisdictional limits of all lower Courts that would otherwise have jurisdiction herein, together costs and disbursements of this action. Dated: New York, New York April 7, 2014 Yours, etc. BY: TH AFTLER L eo Lawrence B. Safiler, Esq. 275 Madison Avenue, Ste. 1605 New York, New York 10016 646-865-0797 Ihave read the foregoing and I certify that upon information and belief, the source of which is my review of the file maintained by my office in this action, that the foregoing is not frivolous as defined in (c) of Section 130.1 of the Rules of the Chief Administrator. Yours, etc. Awrel filer, Esq. THE SAFTL R LAW FIRM 275 Madison Avenue, Suite 1605 New York, NY 10016 (646) 865-0797 SUPREME COURT STATE OF NEW YORK, COUNTY OF NEW YOR¢Kdex No. 151650/14 Year c SHELLEY KARTEN and MARK KARTEN, Plaintiff, -against- 500-512 SEVENTH AVENUE LP, LLC, SPRING SCAFFOLDING LLC., and NEW YORK, INC., GIBRALTA CONTRACTING INC. and G&E REAL ESTATE MANAGEMENT SERVICES, INC. Defi Hh 1 t MMONS SY VM AND-COA ONSAND-COMPEA WEE ENF THE SAFTLER LAW FIRM Attorneys) for Plaintiff Office and Post Office Address, Telephone 275 MADISON AVENUE SUITE 1605 NEW YORK, NEW YORK 10016 (646) 865-0797 Signature (Rule 130-1.1-a) Print name beneath Service of a copy of the within is hereby admitted. Attorney(s) for Dated: PLEASE TAKE NOTICE: O NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on D NOTICE OF SETTLEMENT 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 at Dated, Yours, etc. THE SAFTLER LAW FIRM