Preview
FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
.._______________ ----------------------------------------X
CHRISTINE STEWART,
Index No.:
Plaintiff(s), Date Filed:
-against-
SUMMONS
THE CITY OF NEW YORK, METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY
TRANSIT AUTHORITY, and MABSTOA,
Defendant(s).
--------------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 twenty days after the services of this summons
exclusive of the day of service, where service is made by delivery upon you personally within
the state, or within thirty 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.
The basis of venue is PLACE OF ACCIDENT
135th
The resident address of the plaintiff is 523 West Street, Apt. 4E, New York, NY
10031
Dated: New York, New York
July 21, 2019
Yours, etc.,
Robert Vilensky
RONEMUS & VILENSKY
Attorneys for Plaintiff(s)
2nd
112 Madison Avenue, FlOOr
New York, New York 10016
(212) 779-7070
1 of 9
FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
.---..------------------------------- -X
CHRISTINE STEWART,
Index No.:
Plaintiff(s), Date Filed:
-against-
VERIFIED
COMPLAINT
THE CITY OF NEW YORK, METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY
TRANSIT AUTHORITY, and MABSTOA,
Defendant(s).
--------- ---------------------------------X
Plaintiff, by her attorneys RONEMUS & VILENSKY, complaiñing of the defendants
herein, respectfully shows to the Court, and alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
1. That this action falls within one or more of the exemptions set forth in CPLR
§1602.
2. That at all times herein mentioned3 defeñdañt THE CITY OF NEW YORK was a
municipal corporation.
3. That at all times herein mentioned, defendant METROPOLITAN
TRANSPORTATION AUTHORITY was a municipal corporation.
4. That at all times herein mentioned, defendant NEW YORK CITY TRANSIT
AUTHORITY was a municipal corporation.
5. That at all times herein mentioned, defendant MABSTOA was a municipal
corporation.
2 of 9
FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019
6. That prior hereto, on March 13, 2019, a sworn Notice of Claim, setting forth the
name and address of said claimant and her attorney; the nature of the claim; the
time when, the place where, and the manner in which the claim arose; and the
items of damage and injury clairned to have been sustained was timely served.
7. That the defendants have wholly neglected and refused to make any adjustments
or payments thereof and more than 30 days has clapsed since the presêñtation of
the claim.
8. That on June 13, 2019, defendant NEW YORK CITY TRANSIT AUTHORITY
held a 50h hearing pursuant to their statutory rights.
9. That on June 24, 2019, defendant THE CITY OF NEW YORK held a 50h hearing
pursuant to their statutory rights.
10. That this action is being commenced within one year and ninety days after accrual
of this cause of action or within the time allowed by law.
11. That on February 3, 2019 and at all times herein mentioned, an elevated platform,
or other structure, existed in the County of New York, City and State of New
York with the address of at or near 125 West 125th Street and Lenox Avenue
(herein referred to as the subject location of the incident)(copies of photographs of
the subject location of the incident are attached hereto as Exhibit A).
12. That on February 3, 2019 and at alltimes herein mentioned, the subject location
125th
of the incident was a fixed, elevated platform extending along 125 West
Street near itsintersection with Lenox Avenue.
13. That on February 3, 2019 and at all times herein mentioned, the subject location
of the incident was owned by defendant, THE CITY OF NEW YORK
3 of 9
FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019
14. That on February 3, 2019 and at all times herein mentioned, the subject location
of the incident was maintained by defendant, THE CITY OF NEW YORK.
15. That on February 3, 2019 and at all times herein mentioned, the subject location
of the incident was controlled by defendant, THE CITY OF NEW YORK.
16. That on February 3, 2019 and at alltimes mentioned herein the subject location
of the incident was managed by defendant, THE CITY OF NEW YORK.
17. That prior to February 3, 2019 the subject location of the incident was created by
the defendant, THE CITY OF NEW YORK.
18. That on February 3, 2019 and at all times herein mentioned, itwas the duty of
defendant, THE CITY OF NEW YORK, to maintain the subject location of the
incident in a reasonably safe condition.
19. That on February 3, 2019 and at all times herein mentioned, the subject location
of the incident was owñêd by defendant, METROPOLITAN
TRANSPORTATION AUTHORITY.
20. That on February 3, 2019 and at alltimes herein mentioned, the subject location
of the incident was maintained by defendant, METROPOLITAN
TRANSPORTATION AUTHORITY.
21. That on February 3, 2019 and at all times herein mentioned, the subject location
of the incident was controlled by defendant, METROPOLITAN
TRANSPORTATION AUTHORITY.
22. That on February 3, 2019 and at alltimes mentioned herein the subject location
of the incident was managed by defendant METROPOLITAN
TRANSPORTATION AUTHORITY.
4 of 9
FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019
23. That prior to Febreas¬y 3, 2019 the subject location of the incident was created by
defendant METROPOLITAN TRANSPORTATION AUTHORITY.
24. That on February 3, 2019 and at all times herein mentioned, itwas the duty of
defendant, METROPOLITAN TRANSPORTATION AUTHORITY, to maintain
the subject locatioñ of the incident in a reasonably safe condition.
25. That on February 3, 2019 and at alltimes herein mentioned, the subject location
of the incident was owned by defendant, NEW YORK CITY TRANSIT
AUTHORITY.
26. That on February 3, 2019 and at alltimes herein mentioned, the subject location
of the incident was maintained by defendant, NEW YORK CITY TRANSIT
AUTHORITY.
27. That on February 3, 2019 and at all times herein mentioned, the subject location
of the incident was controlled by defendant, NEW YORK CITY TRANSIT
AUTHORITY.
28. That on February 3, 2019 and at alltimes mentioned herein the subject location
of the incident was managed by defendant NEW YORK CITY TRANSIT
AUTHORITY.
29. That prior to Febráâry 3, 2019 the subject location of the incident were created
by defendant NEW YORK CITY TRANSIT AUTHORITY.
30. That on February 3, 2019 and at all times herein mentioned, itwas the duty of
defendant, NEW YORK CITY TRANSIT AUTHORITY, to maiñtaiñ the subject
location of the incident in a reasonably safe condition.
5 of 9
FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019
31. That on February 3, 2019 and at alltimes herein mentioned, the subject location
of the incident was owned by defendant, MABSTOA.
32. That on February 3, 2019 and at alltimes herein mentioned, the subject location
of the incident was maintained by defendant, MABSTOA.
33. That on February 3, 2019 and at alltimes herein mentioned, the subject location
of the incident was controlled by defendant, MABSTOA.
34. That on February 3, 2019 and at alltimes mentioned herein the subject location
of the incident was mañaged by defendant MABSTOA.
35. That prior to February 3, 2019 the subject location of the incident were created
by defendant MABSTOA.
36. That on February 3, 2019 and at all times herein mentioned, itwas the of
duty
defendant, MABSTOA, to reaintain the subject location of the incident in a
reasonably safe condition.
37. On February 3, 2019 plaintiff, CHRISTINE STEWART, was a passenger in a
motor vehicle operated by Armen Akopian, bearing license plate number
HKD9646 New York registration, hereinafter referred to as vehicle.
38. That on February 3, 2019 while plaintiff was a passenger in the vehicle operated
by Armen Akopian, the vehicle struck the fixed, elevated platform comprising the
subject location of the incident.
39. That on February 3, 2019, when the vehicle struck the fixed, elevated platform
comprising the subject location of the incident, plaintiff CHRISTINE
STEWART was caused to sustain severe and permanent injuries.
6 of 9
FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019
40. The above mentioned occurrence and the results thereof were esüsed by the
negligence of the defendants and/or said defendant's servants, agents, employees
and/or licensees in the ownership, management, maintenance, control, and
creation of the subject location of the incident.
41. That upon information and belief, defendants had actual notice of this defective
condition prior to February 3, 2019.
42. That no negligence on the part of the plaintiff contributed to the occurrence
alleged herein in any manner whatsoever.
defendants'
43. That because of the negligence, plaintiff, CHRISTINE STEWART,
was caused to sustain serious injuries and to have suffered pain, shock, mental
anguish; that these injuries and their effects will be permanent; and as a result of
said injuries plaintiff has been caused to incur and will continue to incur expenses
for medical care and attention; and, as a further result, plaintiff was and will
continue to be rendered unable to perform plaintiffs normal activities and duties
and has sustained a resultant loss therefrom.
44. That beesuse of the above stated accident site,plaintiff, CHRISTINE
STEWART, was damaged in an amount exceeding the jurisdictional limits of all
lower Courts which would otherwise have jurisdiction as against the defendants,
THE CITY OF NEW YORK, METROPOLITAN TRANSPORTATION
AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, and MABSTOA,
and desissi as judgment against the defendants in the sum in an amount that
exceeds the jurisdictional limits of all lower Courts that would otherwise have
jurisdiction, together with the costs and disbursements of this action.
7 of 9
FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019
WHEREFORE, Plaintiff demands judgmeñt on the firstcause of action against
the defendants in an amount that exceeds the jurisdictional limits of alllower courts, all
together with the costs and disbursements of this action
Dated: New York, New York
July 21, 2019
Yours, etc.,
Robert Vilensky
RONEMUS & VILENSKY
Attorneys for Plaintiff(s)
2nd
112 Madison Avenue, Floor
New York, New York 10016
(212) 779-7070
8 of 9
FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019
STATE OF NEW YORK, COUNTY OF NEW YORK ss:
I,the undersigned, an attorney admitted to practice in the Courts of New York State, state
under penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I
have read the foregoing VERIFIED COMPLAINT and know the contents thereof; the same is
true to my own knowledge, except as to the matters I believe to be true. The reason this
verification is made by me and not by my client(s), is that my client(s) are not presently in the
where I maintain offices. The grounds of belief as to all matters not stated upon
County my my
my own knowledge are the materials in my fileand the investigation conducted by my office.
Dated: New York, New York
July 21, 2019
Robert Vilensky
9 of 9
Preview
FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK .._______________ ----------------------------------------X CHRISTINE STEWART, Index No.: Plaintiff(s), Date Filed: -against- SUMMONS THE CITY OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, and MABSTOA, Defendant(s). --------------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 twenty days after the services of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within thirty 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. The basis of venue is PLACE OF ACCIDENT 135th The resident address of the plaintiff is 523 West Street, Apt. 4E, New York, NY 10031 Dated: New York, New York July 21, 2019 Yours, etc., Robert Vilensky RONEMUS & VILENSKY Attorneys for Plaintiff(s) 2nd 112 Madison Avenue, FlOOr New York, New York 10016 (212) 779-7070 1 of 9 FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK .---..------------------------------- -X CHRISTINE STEWART, Index No.: Plaintiff(s), Date Filed: -against- VERIFIED COMPLAINT THE CITY OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, and MABSTOA, Defendant(s). --------- ---------------------------------X Plaintiff, by her attorneys RONEMUS & VILENSKY, complaiñing of the defendants herein, respectfully shows to the Court, and alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF 1. That this action falls within one or more of the exemptions set forth in CPLR §1602. 2. That at all times herein mentioned3 defeñdañt THE CITY OF NEW YORK was a municipal corporation. 3. That at all times herein mentioned, defendant METROPOLITAN TRANSPORTATION AUTHORITY was a municipal corporation. 4. That at all times herein mentioned, defendant NEW YORK CITY TRANSIT AUTHORITY was a municipal corporation. 5. That at all times herein mentioned, defendant MABSTOA was a municipal corporation. 2 of 9 FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019 6. That prior hereto, on March 13, 2019, a sworn Notice of Claim, setting forth the name and address of said claimant and her attorney; the nature of the claim; the time when, the place where, and the manner in which the claim arose; and the items of damage and injury clairned to have been sustained was timely served. 7. That the defendants have wholly neglected and refused to make any adjustments or payments thereof and more than 30 days has clapsed since the presêñtation of the claim. 8. That on June 13, 2019, defendant NEW YORK CITY TRANSIT AUTHORITY held a 50h hearing pursuant to their statutory rights. 9. That on June 24, 2019, defendant THE CITY OF NEW YORK held a 50h hearing pursuant to their statutory rights. 10. That this action is being commenced within one year and ninety days after accrual of this cause of action or within the time allowed by law. 11. That on February 3, 2019 and at all times herein mentioned, an elevated platform, or other structure, existed in the County of New York, City and State of New York with the address of at or near 125 West 125th Street and Lenox Avenue (herein referred to as the subject location of the incident)(copies of photographs of the subject location of the incident are attached hereto as Exhibit A). 12. That on February 3, 2019 and at alltimes herein mentioned, the subject location 125th of the incident was a fixed, elevated platform extending along 125 West Street near itsintersection with Lenox Avenue. 13. That on February 3, 2019 and at all times herein mentioned, the subject location of the incident was owned by defendant, THE CITY OF NEW YORK 3 of 9 FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019 14. That on February 3, 2019 and at all times herein mentioned, the subject location of the incident was maintained by defendant, THE CITY OF NEW YORK. 15. That on February 3, 2019 and at all times herein mentioned, the subject location of the incident was controlled by defendant, THE CITY OF NEW YORK. 16. That on February 3, 2019 and at alltimes mentioned herein the subject location of the incident was managed by defendant, THE CITY OF NEW YORK. 17. That prior to February 3, 2019 the subject location of the incident was created by the defendant, THE CITY OF NEW YORK. 18. That on February 3, 2019 and at all times herein mentioned, itwas the duty of defendant, THE CITY OF NEW YORK, to maintain the subject location of the incident in a reasonably safe condition. 19. That on February 3, 2019 and at all times herein mentioned, the subject location of the incident was owñêd by defendant, METROPOLITAN TRANSPORTATION AUTHORITY. 20. That on February 3, 2019 and at alltimes herein mentioned, the subject location of the incident was maintained by defendant, METROPOLITAN TRANSPORTATION AUTHORITY. 21. That on February 3, 2019 and at all times herein mentioned, the subject location of the incident was controlled by defendant, METROPOLITAN TRANSPORTATION AUTHORITY. 22. That on February 3, 2019 and at alltimes mentioned herein the subject location of the incident was managed by defendant METROPOLITAN TRANSPORTATION AUTHORITY. 4 of 9 FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019 23. That prior to Febreas¬y 3, 2019 the subject location of the incident was created by defendant METROPOLITAN TRANSPORTATION AUTHORITY. 24. That on February 3, 2019 and at all times herein mentioned, itwas the duty of defendant, METROPOLITAN TRANSPORTATION AUTHORITY, to maintain the subject locatioñ of the incident in a reasonably safe condition. 25. That on February 3, 2019 and at alltimes herein mentioned, the subject location of the incident was owned by defendant, NEW YORK CITY TRANSIT AUTHORITY. 26. That on February 3, 2019 and at alltimes herein mentioned, the subject location of the incident was maintained by defendant, NEW YORK CITY TRANSIT AUTHORITY. 27. That on February 3, 2019 and at all times herein mentioned, the subject location of the incident was controlled by defendant, NEW YORK CITY TRANSIT AUTHORITY. 28. That on February 3, 2019 and at alltimes mentioned herein the subject location of the incident was managed by defendant NEW YORK CITY TRANSIT AUTHORITY. 29. That prior to Febráâry 3, 2019 the subject location of the incident were created by defendant NEW YORK CITY TRANSIT AUTHORITY. 30. That on February 3, 2019 and at all times herein mentioned, itwas the duty of defendant, NEW YORK CITY TRANSIT AUTHORITY, to maiñtaiñ the subject location of the incident in a reasonably safe condition. 5 of 9 FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019 31. That on February 3, 2019 and at alltimes herein mentioned, the subject location of the incident was owned by defendant, MABSTOA. 32. That on February 3, 2019 and at alltimes herein mentioned, the subject location of the incident was maintained by defendant, MABSTOA. 33. That on February 3, 2019 and at alltimes herein mentioned, the subject location of the incident was controlled by defendant, MABSTOA. 34. That on February 3, 2019 and at alltimes mentioned herein the subject location of the incident was mañaged by defendant MABSTOA. 35. That prior to February 3, 2019 the subject location of the incident were created by defendant MABSTOA. 36. That on February 3, 2019 and at all times herein mentioned, itwas the of duty defendant, MABSTOA, to reaintain the subject location of the incident in a reasonably safe condition. 37. On February 3, 2019 plaintiff, CHRISTINE STEWART, was a passenger in a motor vehicle operated by Armen Akopian, bearing license plate number HKD9646 New York registration, hereinafter referred to as vehicle. 38. That on February 3, 2019 while plaintiff was a passenger in the vehicle operated by Armen Akopian, the vehicle struck the fixed, elevated platform comprising the subject location of the incident. 39. That on February 3, 2019, when the vehicle struck the fixed, elevated platform comprising the subject location of the incident, plaintiff CHRISTINE STEWART was caused to sustain severe and permanent injuries. 6 of 9 FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019 40. The above mentioned occurrence and the results thereof were esüsed by the negligence of the defendants and/or said defendant's servants, agents, employees and/or licensees in the ownership, management, maintenance, control, and creation of the subject location of the incident. 41. That upon information and belief, defendants had actual notice of this defective condition prior to February 3, 2019. 42. That no negligence on the part of the plaintiff contributed to the occurrence alleged herein in any manner whatsoever. defendants' 43. That because of the negligence, plaintiff, CHRISTINE STEWART, was caused to sustain serious injuries and to have suffered pain, shock, mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries plaintiff has been caused to incur and will continue to incur expenses for medical care and attention; and, as a further result, plaintiff was and will continue to be rendered unable to perform plaintiffs normal activities and duties and has sustained a resultant loss therefrom. 44. That beesuse of the above stated accident site,plaintiff, CHRISTINE STEWART, was damaged in an amount exceeding the jurisdictional limits of all lower Courts which would otherwise have jurisdiction as against the defendants, THE CITY OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, and MABSTOA, and desissi as judgment against the defendants in the sum in an amount that exceeds the jurisdictional limits of all lower Courts that would otherwise have jurisdiction, together with the costs and disbursements of this action. 7 of 9 FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019 WHEREFORE, Plaintiff demands judgmeñt on the firstcause of action against the defendants in an amount that exceeds the jurisdictional limits of alllower courts, all together with the costs and disbursements of this action Dated: New York, New York July 21, 2019 Yours, etc., Robert Vilensky RONEMUS & VILENSKY Attorneys for Plaintiff(s) 2nd 112 Madison Avenue, Floor New York, New York 10016 (212) 779-7070 8 of 9 FILED: NEW YORK COUNTY CLERK 07/21/2019 08:46 AM INDEX NO. 157106/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2019 STATE OF NEW YORK, COUNTY OF NEW YORK ss: I,the undersigned, an attorney admitted to practice in the Courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have read the foregoing VERIFIED COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters I believe to be true. The reason this verification is made by me and not by my client(s), is that my client(s) are not presently in the where I maintain offices. The grounds of belief as to all matters not stated upon County my my my own knowledge are the materials in my fileand the investigation conducted by my office. Dated: New York, New York July 21, 2019 Robert Vilensky 9 of 9