Preview
FILED: QUEENS COUNTY CLERK 05/03/2024 04:17 PM INDEX NO. 709548/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/03/2024
Supreme Court of the State of New York
County of Queens
---------------------------------------X Date of Filing:
DENIS GORMAN, INDEX NO.:
Plaintiff, Plaintiff designates
Queens County as the
place of trial.
-against- The basis of venue
is the situs of
CITY OF NEW YORK, the accident.
Defendant.
---------------------------------------X S1A.MMOftS
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 Attorneys within 20 days after the service of this
summons, exclusive of the day of service (or 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
April 24, 2024
Yours, etc.
D/A: 7/26/2023 By:
MICHAEL L. SALO ON, ESQ.
LAW OFFICES OF
ZEMSKY AND SALOMON, P.C.
Attorneys for Plaintiff(s)
Office & P.O. Address
33 Front Street Suite 207
DEFENDANT'S ADDRESS: Hempstead, New York 11550
(516) 485-3800
City of New York, New York City Corporation Counsel's Office, 100
Church Street, New York, NY 10007.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------X Index #:
DENIS GORMAN,
Plaintiff,
-against- COMPLAINT
CITY OF NEW YORK,
Defendant.
___-----_______________________________Ç
Plaintiff, by his attorneys, LAW OFFICES OF ZEMSKY & SALOMON,
P.C., complaining of the defendant, respectfully alleges as
follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF r
DENIS GORMAN
FIRST: That, at all times hereinafter mentioned, plaintiff
was and still is a resident of the County of Queens, State of New
York.
SECOND: That, at all times hereinafter mentioned, defendant,
CITY OF NEW YORK, was and still is a municipal corporation duly
organized and existing under and by virtue of the laws of the State
of New York.
THIRD: That, plaintiff has complied with all the conditions
precedent to the bringing of this action and has complied with the
provisions of the statutes in such cases made and provided and in
particular, has presented her claim and demand for damages by
reason of the facts hereinafter alleged to, defendant, CITY OF NEW
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YORK, of adjustment, thirty (30) days have elapsed since such claim
and demand for same was so presented, and the said defendant, CITY
OF NEW YORK, has neglected and refused to make adjustment or
payment thereof for thirty (30) days after such presentment, and
notice heretofore served by the plaintiff complied in all respects
to the General Municipal Law and said Notice of Claim was presented
to the Chief Financial or Fiscal Officer of the defendant, CITY OF
NEW on the 24th of and within
YORK, day August, 2023, ninety (90)
days after the claim upon which this action is based arose. Prior
to the commencement of this action, at least thirty (30) days have
elapsed since the service of such Notice of Claim and adjustment
or payment thereof has been neglected and/or refused.
FOURTH: That, this action is being commenced within one year
and ninety days of the date of the occurrence.
FIFTH: That at a date prior to July 26, 2023, the defendant,
CITY OF NEW YORK, received prior written notice of the defect
alleged herein.
SIXTH: That at a date prior to July 26, 2023, the defendant,
CITY OF NEW YORK, received a Map and Legend containing notice of
the defect alleged herein.
SEVENTH: That, upon information and belief and at all times
hereinafter mentioned, defendant, CITY OF NEW YORK, was the owner
of the sidewalks located adjacent to 108-56 67 Drive, Queens, New
York, County of Queens,.
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EIGHTH: That, upon information and belief and at all times
hereinafter mentioned, defendant, CITY OF NEW YORK, its agents,
servants and/or employees operated the aforesaid sidewalks.
NINTH: That, upon information and belief and at all times
hereinafter mentioned, defendant, CITY OF NEW YORK, its agents,
servants and/or employees, maintained the aforesaid sidewalks.
TENTH: That, upon information and belief and at all times
hereinafter mentioned, defendant, CITY OF NEW YORK, its agents,
servants and/or employees, controlled the aforesaid sidewalks.
ELEVENTH: That, upon information and belief and at all times
hereinafter mentioned, defendant, CITY OF NEW YORK, its agents,
servants and/or employees, managed the aforesaid sidewalks.
TWELFTH: That, it was the duty of the defendant, CITY OF NEW
YORK, its agents, servants and/or employees, to keep and to
maintain the aforesaid sidewalks, in a safe and proper condition
for persons lawfully on and upon said area.
THIRTEENTH: That, plaintiff was an invitee and/or patron upon
said defendant's sidewalk.
FOURTEENTH: on or about the 26th of at
That, day July, 2023,
approximately 4:40 p.m., while this plaintiff was lawfully on or
traversing 110 Street at or near its intersection with 67 Drive,
Queens, New York, and more specifically walking on the west side
of 110 Street, on the side of 108-56 67 Drive, Queens New York,
approximately 30 feet south of the intersection of 110 Street and
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67 Drive, Queens, New York, and exercising the degree of care for
his own safety that a reasonably prudent person would have
exercised under the same conditions, plaintiff was caused to trip
and fall and was precipitated to the ground due to the raised,
uneven and broken sidewalk, and the otherwise dangerous and
defective condition of the sidewalk then and there existing.
FIFTEENTH: That, said defendant had knowledge of the
hazardous condition of said sidewalk for same had existed for so
long a period of time they could have informed themselves of such
condition in time to have made the said sidewalk safe before the
occurrence of the accident herein alleged.
SIXTEENTH: That, disregarding its said duty, the defendant,
through its agents, servants, and/or employees, on and prior to
the 26th of allowed and permitted said
day July, 2023, caused,
sidewalk to be and to remain in a dangerous condition creating a
hazardous condition to those lawfully thereat.
SEVENTEENTH: That, on the aforesaid date, at the aforesaid
location, this plaintiff was caused to be seriously and severely
injured by reason of the aforementioned conditions existing
thereat.
EIGHTEENTH: That, the said accident and the injuries
sustained by this plaintiff were caused solely by the negligence
of the defendant, as hereinbefore alleged, and without any
negligence on the part of this plaintiff in any manner contributing
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thereto.
NINETEENTH: That, the aforesaid occurrence and injuries
sustained therefrom were caused solely and wholly through and by
reason of the carelessness, recklessness and negligence of the
defendant(s) through their agents, servants and/or employees; in
failing and neglecting to maintain the sidewalk in a reasonably
safe condition; in that defendant's agents, servants and/or
employees failed to repair the aforesaid dangerous condition at
the aforesaid sidewalk when the defendant(s) knew or should have
known that members of the general public and invitees or others
lawfully traversing said sidewalk and would be present which was
a danger and nuisance to those lawfully and properly on and upon
the sidewalk area; in that they failed to repair and/or remedy the
defective condition after receiving prior written notice of same;
in that they failed to give any notice or warning of the danger to
be apprehended; in that they failed to exercise due care and
caution under the circumstances and conditions then prevailing; in
that the defendant(s) was further careless and negligent in failing
to exercise due care and caution to remedy the dangerous condition
which had existed for an unreasonable length of time; and the
defendant(s), through their agents, servants and/or employees were
otherwise negligent and careless in failing and omitting to take
proper and suitable precautions to avoid the said occurrence.
TWENTIETH: That, as a result of the premises, as aforesaid,
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this plaintiff was rendered sick, sore, lame and disabled and his
injuries, upon information and belief, are of a permanent nature;
that by reason thereof, he has been prevented from following his
usual duties and has been obliged to incur medical expenses and
obligations for medicines, medical care, attention and treatment,
all to his damage 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 defendants
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
April 24, 2024
Yours, etc.,
LAW OFFI S OF
ZEMSKY & ON P.C.
By:
Michael L. S omon, Esq.
Attorneys for Plaintiff
33 Front Street, Suite 207
Hempstead, New York 11550
(516) 485-3800
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------X Index#:
DENIS GORMAN,
Plainfiff(s),
CERTIFICATION
- againsf - PURSUANT TO SECTION
130-1.1-A
CITY OF NEW YORK,
Defendant(s),
_______________________________________Ç
S 1R S :
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
April 24, 2024
Yours, etc.,
LAW OFFICES OF
ZEMSKY AND SALOMON, P.C.
BY:
MICHAEL L. SALOMON, ESQ.
Attorney(s) for Plaintiff(s)
Office & P.O. Address
33 Front Street Suite 207
Hempstead, New York 11550
(516) 485-3800
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NYSCEF DOC. SVPREME
NO. 1 COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 05/03/2024
COUNTY OF QUEENS
DENIS GORMAN,
, Index No.
( , J.)
Plaintiffs,
- against -
CITY OF NEW YORK,
,
Defendants.
REDACTION COVER PAGE
CHECK ALL THAT APPLY:
The document filed contains no confidential personal information, as defined in 22 NYCRR 202..5(e).
The document filed is REDACTED in accordance with 22 NYCRR 202.5(e).
The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e).
(a) The document filed contains SSN (as authorized by the order specified below).
(b) The document filed contains confidential personal information as defined
under 22 NYCRR 202.5(e) (as authorized by the order specified below).
This document was previously filed REDACTED.
Date:
This document was previously filed UN-REDACTED.
Date:
The document filed seeks a remedy under 22 NYCRR 202.5(e)(2).
The document filed seeks a remedy under 22 NYCRR 202.5(e)(3).
Additional information:
There is a p ously filed order of the Court regarding this document:
Q yes / no
Date of order:
Date order filed:
Other identifying information for such order:
The order of the Court is being filed with the redacted / un-redacted document: Q yes /O no
Date of order:
Other identifying information for such order:
Signature of filer
Print Name. WHU MCL L. onLviviON
Counsel appearing for: DENIS GQRMAN, (name of party)
Filer is Unrepresented / Pro se: Q yes / no
Date: 04/24/2024
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Preview
FILED: QUEENS COUNTY CLERK 05/03/2024 04:17 PM INDEX NO. 709548/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/03/2024 Supreme Court of the State of New York County of Queens ---------------------------------------X Date of Filing: DENIS GORMAN, INDEX NO.: Plaintiff, Plaintiff designates Queens County as the place of trial. -against- The basis of venue is the situs of CITY OF NEW YORK, the accident. Defendant. ---------------------------------------X S1A.MMOftS 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 Attorneys within 20 days after the service of this summons, exclusive of the day of service (or 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 April 24, 2024 Yours, etc. D/A: 7/26/2023 By: MICHAEL L. SALO ON, ESQ. LAW OFFICES OF ZEMSKY AND SALOMON, P.C. Attorneys for Plaintiff(s) Office & P.O. Address 33 Front Street Suite 207 DEFENDANT'S ADDRESS: Hempstead, New York 11550 (516) 485-3800 City of New York, New York City Corporation Counsel's Office, 100 Church Street, New York, NY 10007. 1 of 9 FILED: QUEENS COUNTY CLERK 05/03/2024 04:17 PM INDEX NO. 709548/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/03/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------X Index #: DENIS GORMAN, Plaintiff, -against- COMPLAINT CITY OF NEW YORK, Defendant. ___-----_______________________________Ç Plaintiff, by his attorneys, LAW OFFICES OF ZEMSKY & SALOMON, P.C., complaining of the defendant, respectfully alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF r DENIS GORMAN FIRST: That, at all times hereinafter mentioned, plaintiff was and still is a resident of the County of Queens, State of New York. SECOND: That, at all times hereinafter mentioned, defendant, CITY OF NEW YORK, was and still is a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. THIRD: That, plaintiff has complied with all the conditions precedent to the bringing of this action and has complied with the provisions of the statutes in such cases made and provided and in particular, has presented her claim and demand for damages by reason of the facts hereinafter alleged to, defendant, CITY OF NEW 2 of 9 FILED: QUEENS COUNTY CLERK 05/03/2024 04:17 PM INDEX NO. 709548/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/03/2024 YORK, of adjustment, thirty (30) days have elapsed since such claim and demand for same was so presented, and the said defendant, CITY OF NEW YORK, has neglected and refused to make adjustment or payment thereof for thirty (30) days after such presentment, and notice heretofore served by the plaintiff complied in all respects to the General Municipal Law and said Notice of Claim was presented to the Chief Financial or Fiscal Officer of the defendant, CITY OF NEW on the 24th of and within YORK, day August, 2023, ninety (90) days after the claim upon which this action is based arose. Prior to the commencement of this action, at least thirty (30) days have elapsed since the service of such Notice of Claim and adjustment or payment thereof has been neglected and/or refused. FOURTH: That, this action is being commenced within one year and ninety days of the date of the occurrence. FIFTH: That at a date prior to July 26, 2023, the defendant, CITY OF NEW YORK, received prior written notice of the defect alleged herein. SIXTH: That at a date prior to July 26, 2023, the defendant, CITY OF NEW YORK, received a Map and Legend containing notice of the defect alleged herein. SEVENTH: That, upon information and belief and at all times hereinafter mentioned, defendant, CITY OF NEW YORK, was the owner of the sidewalks located adjacent to 108-56 67 Drive, Queens, New York, County of Queens,. 3 of 9 FILED: QUEENS COUNTY CLERK 05/03/2024 04:17 PM INDEX NO. 709548/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/03/2024 EIGHTH: That, upon information and belief and at all times hereinafter mentioned, defendant, CITY OF NEW YORK, its agents, servants and/or employees operated the aforesaid sidewalks. NINTH: That, upon information and belief and at all times hereinafter mentioned, defendant, CITY OF NEW YORK, its agents, servants and/or employees, maintained the aforesaid sidewalks. TENTH: That, upon information and belief and at all times hereinafter mentioned, defendant, CITY OF NEW YORK, its agents, servants and/or employees, controlled the aforesaid sidewalks. ELEVENTH: That, upon information and belief and at all times hereinafter mentioned, defendant, CITY OF NEW YORK, its agents, servants and/or employees, managed the aforesaid sidewalks. TWELFTH: That, it was the duty of the defendant, CITY OF NEW YORK, its agents, servants and/or employees, to keep and to maintain the aforesaid sidewalks, in a safe and proper condition for persons lawfully on and upon said area. THIRTEENTH: That, plaintiff was an invitee and/or patron upon said defendant's sidewalk. FOURTEENTH: on or about the 26th of at That, day July, 2023, approximately 4:40 p.m., while this plaintiff was lawfully on or traversing 110 Street at or near its intersection with 67 Drive, Queens, New York, and more specifically walking on the west side of 110 Street, on the side of 108-56 67 Drive, Queens New York, approximately 30 feet south of the intersection of 110 Street and 4 of 9 FILED: QUEENS COUNTY CLERK 05/03/2024 04:17 PM INDEX NO. 709548/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/03/2024 67 Drive, Queens, New York, and exercising the degree of care for his own safety that a reasonably prudent person would have exercised under the same conditions, plaintiff was caused to trip and fall and was precipitated to the ground due to the raised, uneven and broken sidewalk, and the otherwise dangerous and defective condition of the sidewalk then and there existing. FIFTEENTH: That, said defendant had knowledge of the hazardous condition of said sidewalk for same had existed for so long a period of time they could have informed themselves of such condition in time to have made the said sidewalk safe before the occurrence of the accident herein alleged. SIXTEENTH: That, disregarding its said duty, the defendant, through its agents, servants, and/or employees, on and prior to the 26th of allowed and permitted said day July, 2023, caused, sidewalk to be and to remain in a dangerous condition creating a hazardous condition to those lawfully thereat. SEVENTEENTH: That, on the aforesaid date, at the aforesaid location, this plaintiff was caused to be seriously and severely injured by reason of the aforementioned conditions existing thereat. EIGHTEENTH: That, the said accident and the injuries sustained by this plaintiff were caused solely by the negligence of the defendant, as hereinbefore alleged, and without any negligence on the part of this plaintiff in any manner contributing 5 of 9 FILED: QUEENS COUNTY CLERK 05/03/2024 04:17 PM INDEX NO. 709548/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/03/2024 thereto. NINETEENTH: That, the aforesaid occurrence and injuries sustained therefrom were caused solely and wholly through and by reason of the carelessness, recklessness and negligence of the defendant(s) through their agents, servants and/or employees; in failing and neglecting to maintain the sidewalk in a reasonably safe condition; in that defendant's agents, servants and/or employees failed to repair the aforesaid dangerous condition at the aforesaid sidewalk when the defendant(s) knew or should have known that members of the general public and invitees or others lawfully traversing said sidewalk and would be present which was a danger and nuisance to those lawfully and properly on and upon the sidewalk area; in that they failed to repair and/or remedy the defective condition after receiving prior written notice of same; in that they failed to give any notice or warning of the danger to be apprehended; in that they failed to exercise due care and caution under the circumstances and conditions then prevailing; in that the defendant(s) was further careless and negligent in failing to exercise due care and caution to remedy the dangerous condition which had existed for an unreasonable length of time; and the defendant(s), through their agents, servants and/or employees were otherwise negligent and careless in failing and omitting to take proper and suitable precautions to avoid the said occurrence. TWENTIETH: That, as a result of the premises, as aforesaid, 6 of 9 FILED: QUEENS COUNTY CLERK 05/03/2024 04:17 PM INDEX NO. 709548/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/03/2024 this plaintiff was rendered sick, sore, lame and disabled and his injuries, upon information and belief, are of a permanent nature; that by reason thereof, he has been prevented from following his usual duties and has been obliged to incur medical expenses and obligations for medicines, medical care, attention and treatment, all to his damage 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 defendants 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 April 24, 2024 Yours, etc., LAW OFFI S OF ZEMSKY & ON P.C. By: Michael L. S omon, Esq. Attorneys for Plaintiff 33 Front Street, Suite 207 Hempstead, New York 11550 (516) 485-3800 7 of 9 FILED: QUEENS COUNTY CLERK 05/03/2024 04:17 PM INDEX NO. 709548/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/03/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------X Index#: DENIS GORMAN, Plainfiff(s), CERTIFICATION - againsf - PURSUANT TO SECTION 130-1.1-A CITY OF NEW YORK, Defendant(s), _______________________________________Ç S 1R S : 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 April 24, 2024 Yours, etc., LAW OFFICES OF ZEMSKY AND SALOMON, P.C. BY: MICHAEL L. SALOMON, ESQ. Attorney(s) for Plaintiff(s) Office & P.O. Address 33 Front Street Suite 207 Hempstead, New York 11550 (516) 485-3800 8 of 9 FILED: QUEENS COUNTY CLERK 05/03/2024 04:17 PM INDEX NO. 709548/2024 NYSCEF DOC. SVPREME NO. 1 COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 05/03/2024 COUNTY OF QUEENS DENIS GORMAN, , Index No. ( , J.) Plaintiffs, - against - CITY OF NEW YORK, , Defendants. REDACTION COVER PAGE CHECK ALL THAT APPLY: The document filed contains no confidential personal information, as defined in 22 NYCRR 202..5(e). The document filed is REDACTED in accordance with 22 NYCRR 202.5(e). The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e). (a) The document filed contains SSN (as authorized by the order specified below). (b) The document filed contains confidential personal information as defined under 22 NYCRR 202.5(e) (as authorized by the order specified below). This document was previously filed REDACTED. Date: This document was previously filed UN-REDACTED. Date: The document filed seeks a remedy under 22 NYCRR 202.5(e)(2). The document filed seeks a remedy under 22 NYCRR 202.5(e)(3). Additional information: There is a p ously filed order of the Court regarding this document: Q yes / no Date of order: Date order filed: Other identifying information for such order: The order of the Court is being filed with the redacted / un-redacted document: Q yes /O no Date of order: Other identifying information for such order: Signature of filer Print Name. WHU MCL L. onLviviON Counsel appearing for: DENIS GQRMAN, (name of party) Filer is Unrepresented / Pro se: Q yes / no Date: 04/24/2024 9 of 9