Preview
(FILED: NEW YORK COUNTY CLERK 1073172014 02:11 PM INDEX NO. 15912072012
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 10/31/2014
FILE #: 20652
I QEX #159120 LEfporr
NE WIRED
Index No.
SUPREME COURT of the STATE OF
COUNTY OF NEW YORK
a=
(A-21-Jo/d- Plaintifi(s) designates
NEW YORK
wt pases as County as the place of trial
LEIB WEISS The basis of venue is
DEFENDANT'S PRINCIPAL PLACE
Plaintiff(s), OF BUSINESS
SECOND AMENDED
~against-
Summons with Notice
STUART M. WEISS AND PROMED CORIHHIAN, LLC, DE DANT reside(s) at
345 EAST 37TH STREET
2D efendant(s)
aa prc ct County of NEW YORK
-X
To the above named Defendant(s)
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 20 days after the service of this summons, exclusiv
e of the d lay of service (or within 30 days after
the service is complete if this summons is not personally delivered to you
withii in 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 herein.
Dated: October 14, 2014
Defendant's Addresses:
BY: HERBE S. SUBIN, ESQ.
This SUMMONS AND COMPLAINT and the
papers on which it is based, are certified pursuant to
Section 130-I.1-a of the rules of the Chief
Administrator (22NYCRR)
SUBIN ASSOCIATES, LLP
Attorney(s) for Plaintiff(s)
Office and Post Office Address
Notice: The object of this action is to recover for personal injury
150 Broadway
due to defendant(s) negligence New York, New York 10038
(212) 285-3800
The relief sought is Monetary Damages
Upon your failure to appear, judgment will be taken agi ainst you by default with interest from 6/25/3012
and the costs of this action
DEFENDANT(S) ADDRESS(ES)
STUART M. WEISS
345 East 37th Street, #202A
New York, NY 10016
PROMED CORINTHIAN, LLC
C/O PROMED PROPERTY MANAGEMENT, INC.
410 PARK AVENUE
SUITE 1210
NEW YORK, NEW YORK, 10022
FILE #: 20652
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
motte nnn en ene en nn ne nnn nn enna nneen ence ee nne
----X
LEIB WEISS
SECOND AMENDED
Plaintiff(s), VERIFIED COMPLAINT
-against-
STUART M. WEISS AND PROMED CORINTHIAN,
LLC,
Defendant(s)
wot tenen nee en nen ene ennnnnen nnn wen en nee ennneenececeenneneeee
Plaintiff, complaining of the defendants by his attorney upon inform
ation and belief,
respectfully allege(s):
AS AND FOR A FIRST CAUSE OF ACTION IN BEHALF
OF PLAINTIFF LEIB WEISS
1 That at all the times herein mentioned, the defendant STUART
M. WEISS, was
the owner of the premises located at 345, Suite 202A, East 37th
Street, New York, New York.
2 That at all the times herein mentioned, the defendant STUART
M. WEISS, his
agents, servants and/or employees operated the aforementioned
premises.
3 That at all the times herein mentioned, the defendant STUART
M. WEISS, his
agents, servants and/or employees maintained the aforementi
oned premises.
4 That at all the times herein mentioned, the defendant STUA
RT M. WEISS, his
agents, servants and/or employees managed the aforementi
oned premises.
5 That at all the times herein mentioned, the defendant
STUART M. WEISS, his
agents, servants and/or employees controlled the afore
mentioned premises.
6 That at all the times herein mentioned, the defendant
PROMED CORINTHIAN,
LLC, hereinafter referred to as "PROMED," was
and still is a corpo ration doing business in the
State of New York.
7 That at all the times herein mentioned, the
defendant PROMED, was the owner of
the premises located at 345, Suite 202A, East 37th Street,
New York, New York,
8 That at all the times herein mentioned, the defendant
PROMED, its agents,
servants and/or employees operated the aforementioned
premises.
9 That at all the times herein mentioned, the defendant PROM
ED, its agents,
servants and/or employees maintained the aforementioned
premises.
10. That at all the times herein mentioned, the defendant
PROMED, its agents,
servants and/or employees managed the aforementioned premi
ses.
11. That at all the times herein mentioned, the defendant PROM
ED, its agents,
servants and/or employees controlled the aforementioned premi
ses.
12. That at all the times herein mentioned, it was the duty of
the defendant(s), their
agents, servants and/or employees to keep and maintain said
premises in a reasonable state of
repair and in a good and safe condition, and not to suffer
and permit said premises to become
unsafe and dangerous to pedestrians and/or custo
mers.
13. That at all the times herein mentioned, the plaintiff was lawful
ly upon the
aforesaid premises.
14, That on or about 6/25/2012, while plaintiff LEIB WEISS
was lawfully in the
aforementioned premises plaintiff was caused to be injure
d by reason of the willful, wanton and
gross negligence, carelessness and want of Proper care
of the defendant(s), his agents, servants
and/or employees.
15. That the said incident and resulting injuries to the plaint
iff were caused through
no fault of his own but were solely and wholly by
reason of the willful, wanton and gross
negligence of the defendants, their agents, servants
and/or employees in that the defendants
suffered, caused and/or permitted and/or allowed
portions of said premises, particularly a floor
covering to be, become and remain in a dangerou
s, defective and/or structurally defective,
hazardous, unsafe, ripped, raised, uneven, holey
, peeling, loose condition; and was negligently
and/or improperly maintained, and same was
otherwise so dangerous, hazardous, and/or
unsuitable for use by persons lawfully upon the
premises constituting a nuisance and a trap,
and
permitting same to be and remain in such a dangerous and defective condition for a long period
and/or unreasonable period of time; in allowing and permitting said covering to become
hazardous, torn, uneven, raised; in failing to safe guard pedestrians using said premises; in
failing to properly maintain said premises and in improperly maintaining said premises; in failing
to apprise and/or warm the public and in particular the plaintiff, of the aforementioned conditions;
in failing to place signs, barricades, warnings and/or other devices to apprise persons of the
dangerous, defective and/or unsafe condition so as to cause the incident herein complained of; in
creating and maintaining a hazard, menace, nuisance and trap thereat and in failing to comply
with the statutes, ordinances, rules and regulations made and provided for the safe and proper
operation of said premises.
16. That this action falls within one or more of the exceptions set forth in CPLR 1602.
17, Both actual and constructive notice are claimed. Actual notice in that the
defendants, their agents, servants and/or employees had actual knowledge and/or created the
complained of condition; constructive notice in that the condition existed for a long and
unreasonable period of time.
18. That by reason of the foregoing, plaintiff LEIB WEISS was caused to sustain
serious, harmful and permanent injuries, has been and will be caused great bodily injuries
and
pain, shock, mental anguish; loss of normal pursuits and pleasures of life; has been
and is
informed and verily believes maybe permanently injured; has and will be prevent
ed from
attending to usual duties; has incurred and will incur great expense for medical
care and
attention; in all to plaintiff's damage, both compensatory and exemplary in
an amount which
exceeds the jurisdictional limits of all lower courts and which warrants the
jurisdiction of this
Court.
WHEREFORE, the plaintiff(s) demands judgment against the defend
ants on the First
Cause of Action in an amount which exceeds the jurisdictional
limits of all lower courts and
which warrants the jurisdiction of this Court, together with
the costs and disbursements of each
cause of action.
Yours, etc.
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiffs
150 Broadway
New York, New York 10038
STATE OF NEW YORK)
COUNTY OF )
The undersigned, affirms that the following statements are true under the penalties of
perjury.
That deponent is the plaintiff in the within action; that deponent has read the foregoing
AMENDED COMPLAINT and knows the contents thereof: that same is true to deponent's own
knowledge, except as to the matters therein stated to be alleged upon information and belief, and
that as to those matters deponent believes it to be true. The grounds of deponent's belief as to all
matters not stated upon deponent's knowledge are as follows:
Information and investigation in the file.
This SUMMONS AND COMPLAINT and the papers on which it is based, are certified pursuant to Section 130-
1.1-a of the rules of the Chief Administrator (22NYCRR)
LEIB WEISS
SWORN TO BEFORE ME THIS
DAY OF » 2014
Index No, 159120/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
XX
LEIB WEISS.
Plaintiff(s),
-against-
STUART M. WEISS AND PROMED CORINTHIAN, LLC.
Defendant(s)
SECOND AMENDED SUMMONS AND COMPLAINT
SUBIN ASSOCIATES, L.L.P.
Attomeys for Plaintifits)
Office and Post Office Address, Telephone
150 Broadway, 23rd Floor
New York, NY 10038
Telephone (212) 285-3800
WE DO NOT ACCEPT SERVICE BY ELECTRONIC TRANSMISSION
To:
Attomey(s) for
Service of a copy of the within is hereby admitted
Dated:
vo
Attomey(s) for
PLEASE TAKE NOTICE
O That the within is a (certified) true copy of an ORDER entered in the office NOTICE OF of the clerk of the
within named court on ,
ENTRY
O That an Order of which the within is a true copy will be presented for NOTICE OF settle to the Hon.one of
the judges of the within
SETTLEMENT named court,
at
on 20, , at 10:00 a.m.
Dated:
SUBIN ASSOCIATES, L.L.P.
Attorneys for plaintiff(s)
150 Broadway, 23rd Floor
Attorney(s) for Defendant(s) New York, NY 10038
(212) 285-3800
Preview
(FILED: NEW YORK COUNTY CLERK 1073172014 02:11 PM INDEX NO. 15912072012 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 10/31/2014 FILE #: 20652 I QEX #159120 LEfporr NE WIRED Index No. SUPREME COURT of the STATE OF COUNTY OF NEW YORK a= (A-21-Jo/d- Plaintifi(s) designates NEW YORK wt pases as County as the place of trial LEIB WEISS The basis of venue is DEFENDANT'S PRINCIPAL PLACE Plaintiff(s), OF BUSINESS SECOND AMENDED ~against- Summons with Notice STUART M. WEISS AND PROMED CORIHHIAN, LLC, DE DANT reside(s) at 345 EAST 37TH STREET 2D efendant(s) aa prc ct County of NEW YORK -X To the above named Defendant(s) 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 20 days after the service of this summons, exclusiv e of the d lay of service (or within 30 days after the service is complete if this summons is not personally delivered to you withii in 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 herein. Dated: October 14, 2014 Defendant's Addresses: BY: HERBE S. SUBIN, ESQ. This SUMMONS AND COMPLAINT and the papers on which it is based, are certified pursuant to Section 130-I.1-a of the rules of the Chief Administrator (22NYCRR) SUBIN ASSOCIATES, LLP Attorney(s) for Plaintiff(s) Office and Post Office Address Notice: The object of this action is to recover for personal injury 150 Broadway due to defendant(s) negligence New York, New York 10038 (212) 285-3800 The relief sought is Monetary Damages Upon your failure to appear, judgment will be taken agi ainst you by default with interest from 6/25/3012 and the costs of this action DEFENDANT(S) ADDRESS(ES) STUART M. WEISS 345 East 37th Street, #202A New York, NY 10016 PROMED CORINTHIAN, LLC C/O PROMED PROPERTY MANAGEMENT, INC. 410 PARK AVENUE SUITE 1210 NEW YORK, NEW YORK, 10022 FILE #: 20652 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK motte nnn en ene en nn ne nnn nn enna nneen ence ee nne ----X LEIB WEISS SECOND AMENDED Plaintiff(s), VERIFIED COMPLAINT -against- STUART M. WEISS AND PROMED CORINTHIAN, LLC, Defendant(s) wot tenen nee en nen ene ennnnnen nnn wen en nee ennneenececeenneneeee Plaintiff, complaining of the defendants by his attorney upon inform ation and belief, respectfully allege(s): AS AND FOR A FIRST CAUSE OF ACTION IN BEHALF OF PLAINTIFF LEIB WEISS 1 That at all the times herein mentioned, the defendant STUART M. WEISS, was the owner of the premises located at 345, Suite 202A, East 37th Street, New York, New York. 2 That at all the times herein mentioned, the defendant STUART M. WEISS, his agents, servants and/or employees operated the aforementioned premises. 3 That at all the times herein mentioned, the defendant STUART M. WEISS, his agents, servants and/or employees maintained the aforementi oned premises. 4 That at all the times herein mentioned, the defendant STUA RT M. WEISS, his agents, servants and/or employees managed the aforementi oned premises. 5 That at all the times herein mentioned, the defendant STUART M. WEISS, his agents, servants and/or employees controlled the afore mentioned premises. 6 That at all the times herein mentioned, the defendant PROMED CORINTHIAN, LLC, hereinafter referred to as "PROMED," was and still is a corpo ration doing business in the State of New York. 7 That at all the times herein mentioned, the defendant PROMED, was the owner of the premises located at 345, Suite 202A, East 37th Street, New York, New York, 8 That at all the times herein mentioned, the defendant PROMED, its agents, servants and/or employees operated the aforementioned premises. 9 That at all the times herein mentioned, the defendant PROM ED, its agents, servants and/or employees maintained the aforementioned premises. 10. That at all the times herein mentioned, the defendant PROMED, its agents, servants and/or employees managed the aforementioned premi ses. 11. That at all the times herein mentioned, the defendant PROM ED, its agents, servants and/or employees controlled the aforementioned premi ses. 12. That at all the times herein mentioned, it was the duty of the defendant(s), their agents, servants and/or employees to keep and maintain said premises in a reasonable state of repair and in a good and safe condition, and not to suffer and permit said premises to become unsafe and dangerous to pedestrians and/or custo mers. 13. That at all the times herein mentioned, the plaintiff was lawful ly upon the aforesaid premises. 14, That on or about 6/25/2012, while plaintiff LEIB WEISS was lawfully in the aforementioned premises plaintiff was caused to be injure d by reason of the willful, wanton and gross negligence, carelessness and want of Proper care of the defendant(s), his agents, servants and/or employees. 15. That the said incident and resulting injuries to the plaint iff were caused through no fault of his own but were solely and wholly by reason of the willful, wanton and gross negligence of the defendants, their agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or allowed portions of said premises, particularly a floor covering to be, become and remain in a dangerou s, defective and/or structurally defective, hazardous, unsafe, ripped, raised, uneven, holey , peeling, loose condition; and was negligently and/or improperly maintained, and same was otherwise so dangerous, hazardous, and/or unsuitable for use by persons lawfully upon the premises constituting a nuisance and a trap, and permitting same to be and remain in such a dangerous and defective condition for a long period and/or unreasonable period of time; in allowing and permitting said covering to become hazardous, torn, uneven, raised; in failing to safe guard pedestrians using said premises; in failing to properly maintain said premises and in improperly maintaining said premises; in failing to apprise and/or warm the public and in particular the plaintiff, of the aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to apprise persons of the dangerous, defective and/or unsafe condition so as to cause the incident herein complained of; in creating and maintaining a hazard, menace, nuisance and trap thereat and in failing to comply with the statutes, ordinances, rules and regulations made and provided for the safe and proper operation of said premises. 16. That this action falls within one or more of the exceptions set forth in CPLR 1602. 17, Both actual and constructive notice are claimed. Actual notice in that the defendants, their agents, servants and/or employees had actual knowledge and/or created the complained of condition; constructive notice in that the condition existed for a long and unreasonable period of time. 18. That by reason of the foregoing, plaintiff LEIB WEISS was caused to sustain serious, harmful and permanent injuries, has been and will be caused great bodily injuries and pain, shock, mental anguish; loss of normal pursuits and pleasures of life; has been and is informed and verily believes maybe permanently injured; has and will be prevent ed from attending to usual duties; has incurred and will incur great expense for medical care and attention; in all to plaintiff's damage, both compensatory and exemplary in an amount which exceeds the jurisdictional limits of all lower courts and which warrants the jurisdiction of this Court. WHEREFORE, the plaintiff(s) demands judgment against the defend ants on the First Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts and which warrants the jurisdiction of this Court, together with the costs and disbursements of each cause of action. Yours, etc. SUBIN ASSOCIATES, LLP Attorneys for Plaintiffs 150 Broadway New York, New York 10038 STATE OF NEW YORK) COUNTY OF ) The undersigned, affirms that the following statements are true under the penalties of perjury. That deponent is the plaintiff in the within action; that deponent has read the foregoing AMENDED COMPLAINT and knows the contents thereof: that same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes it to be true. The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: Information and investigation in the file. This SUMMONS AND COMPLAINT and the papers on which it is based, are certified pursuant to Section 130- 1.1-a of the rules of the Chief Administrator (22NYCRR) LEIB WEISS SWORN TO BEFORE ME THIS DAY OF » 2014 Index No, 159120/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK XX LEIB WEISS. Plaintiff(s), -against- STUART M. WEISS AND PROMED CORINTHIAN, LLC. Defendant(s) SECOND AMENDED SUMMONS AND COMPLAINT SUBIN ASSOCIATES, L.L.P. Attomeys for Plaintifits) Office and Post Office Address, Telephone 150 Broadway, 23rd Floor New York, NY 10038 Telephone (212) 285-3800 WE DO NOT ACCEPT SERVICE BY ELECTRONIC TRANSMISSION To: Attomey(s) for Service of a copy of the within is hereby admitted Dated: vo Attomey(s) for PLEASE TAKE NOTICE O That the within is a (certified) true copy of an ORDER entered in the office NOTICE OF of the clerk of the within named court on , ENTRY O That an Order of which the within is a true copy will be presented for NOTICE OF settle to the Hon.one of the judges of the within SETTLEMENT named court, at on 20, , at 10:00 a.m. Dated: SUBIN ASSOCIATES, L.L.P. Attorneys for plaintiff(s) 150 Broadway, 23rd Floor Attorney(s) for Defendant(s) New York, NY 10038 (212) 285-3800