Preview
FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024
SUPREME COURT OF THE STATE OF NEW YORK ·
Index No
COUNTY OF KINGS
Date Purchased:
___________________________________________--- ___________Ç
NICOLE SMITH
SUMMONS
Plaintiff,
Plaintiff designates KINGS
- against - County as the place of trial.
The basis of venue is:
KF 755 OCEAN AVENUE, LLC AND DIAMOND
Location of incident
PROPERTY MANAGEMENT, INC.,
Location of Incident:
Defendants.
755 Ocean Avenue
________..___________________._______________Ç
Brooklyn, NY 10456
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 Plaintiffs attorneys 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, NY
April 26, 2024
HA X ESQ. ---
JOLY,
LAW OFFICES OF
MICHAEL S. LAMONSOFF, PLL
Attorneys for Plaintiff
NICOLE SMITH
Financial Square at 32 Old - 8th FL
Slip
New York, New York 10005
(212) 962-1020
TO:
KF 755 OCEAN AVENUE, LLC
C/O DIAMOND PROPERTY MANAGEMENT, INC.
38"
1413 STREET
BROOKLYN, NY 11218
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DIAMOND PROPERTY MANAGEMENT, INC.,
1285 52 STREET
BROOKLYN, NY 11219
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--______-________________________-_____________________Ç
NICOLE SMITH,
Index No.:
Date Purchased:
Plaintiff,
VERIFIED COMPLAINT
- against -
KF 755 OCEAN AVENUE, LLC AND
DIAMOND PROPERTY MANAGEMENT, INC.,
Defendants.
----------------.____________________________Ç
Plaintiff, by her attorneys, LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC,
complaining of the Defendants, respectfully alleges, upon information and belief:
1. At all times hereinafter mentioned Plaintiff, NICOLE SMITH was and still is a
resident in the County of Kings, City and State of New York.
2. That at all times hereinafter alleged, Defendant, KF 755 OCEAN AVENUE, LLC
was and still is a limited liability company organized and existing under and by virtue of the laws
of the State of New York.
3. That at all times hereinafter alleged, Defendant, DIAMOND PROPERTY
MANAGEMENT, INC was and still is a limited liability company organized and existing under
and by virtue of the laws of the State of New York.
4. That at all times hereinafter alleged, Defendant, KF 755 OCEAN AVENUE, LLC
was and still is a foreign business corporation organized and existing under and by virtue of the
laws of the State of New York.
5. That at all times hereinafter alleged, Defendant, DIAMOND PROPERTY
MANAGEMENT, INC was and still is a foreign business corporation organized and existing
under and by virtue of the laws of the State of New York.
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6. Upon information and belief, and at all times herein mentioned, Defendant KF 755
OCEAN AVENUE, LLC was and still is an unincorporated association doing business in the
state of New York.
7. Upon information and belief, and at all times herein mentioned, Defendant
DIAMOND PROPERTY MANAGEMENT, INC was and still is an unincorporated association
doing business in the state of New York.
8. That at all times hereinafter alleged, Defendant, KF 755 OCEAN AVENUE, LLC
was and still is a domestic not-for-profit business corporation organized and existing under and by
virtue of the laws of the State of New York.
9. That at all times hereinafter alleged, Defendant, DIAMOND PROPERTY
MANAGEMENT, INC was and still is a domestic not-for-profit business corporation organized
and existing under and by virtue of the laws of the State of New York.
10. Upon information and belief, and at all times herein mentioned, Defendant KF 755
OCEAN AVENUE, LLC owned the premises located at 755 Ocean Avenue, 6K, County of
Kings, City and State of New York (hereinafter, "subject premises").
11. Upon information and belief, and at all times herein mentioned, Defendant
DIAMOND PROPERTY MANAGEMENT, INC owned the premises located at 755 Ocean
Avenue, 6K, County of Kings, City and State of New York (hereinafter, "subject premises").
12. Upon information and belief, and at all times herein mentioned, Defendant KF 755
OCEAN AVENUE, LLC operated the subject premises.
13. Upon information and belief, and at all times herein mentioned, Defendant
DIAMOND PROPERTY MANAGEMENT, INC operated the subject premises.
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14. Upon information and belief, and at all times herein mentioned, Defendant KF 755
OCEAN AVENUE, LLC maintained the subject premises.
15. Upon information and belief, and at all times herein mentioned, Defendant
DIAMOND PROPERTY MANAGEMENT, INC maintained the subject premises.
16. Upon information and belief, and at all times herein mentioned, Defendant KF 755
OCEAN AVENUE, LLC managed the subject premises.
17. Upon information and belief, and at all times herein mentioned, Defendant
DIAMOND PROPERTY MANAGEMENT, INC managed the subject premises.
18. Upon information and belief, and at all times herein mentioned, Defendant KF 755
OCEAN AVENUE, LLC controlled the subject premises.
19. Upon information and belief, and at all times herein mentioned, Defendant
DIAMOND PROPERTY MANAGEMENT, INC controlled the subject premises.
20. Upon information and belief, and at all times herein mentioned, Defendant KF 755
OCEAN AVENUE, LLC inspected the subject premises.
21. Upon information and belief, and at all times herein mentioned, Defendant
DIAMOND PROPERTY MANAGEMENT, INC inspected the subject premises.
22. Upon information and belief, and at all times herein mentioned, Defendant KF 755
OCEAN AVENUE, LLC repaired the subject premises.
23. Upon information and belief, and at all times herein mentioned, Defendant
DIAMOND PROPERTY MANAGEMENT, INC repaired the subject premises.
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24. That at all times herein mentioned, it was the duty of the Defendants, 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 the subject premises to become unsafe and dangerous
to pedestrians and/or tenants.
25. That at all times herein mentioned, it was the duty of the Defendants, their agents,
servants and/or employees to inspect the subject premises to ensure that same is in a reasonably
safe condition for the benefit of pedestrians and/or tenants within said premises.
26. That on September 30, 2023, Plaintiff NICOLE SMIT.H was lawfully present
within the subject premises.
27. That on September 30, 2023, Plaintiff NICOLE SMITH was a tenant inside the
subject premises.
28. That on September 30, 2023, Plaintiff NICOLE SMITH was lawfully upon the
subject premises when the ceiling collapsed due to a dangerous, hazardous and/or defective
condition at the subject premises and sustained serious and permanent injuries.
29. That at all times prior to and including September 30, 2023, the Defendant KF 755
OCEAN AVENUE, LLC their agents, servants and/or employees negligently and carelessly
maintained said premises in such a haphazard, negligent manner as to cause the same to become
and remain in an unsafe, improper and dangerous condition; caused and/or allowed a trap-like
and/or nuisance to exist; caused and/or created and/or allowed and/or permitted a negligent and
improper condition of which the Defendant had due notice, or by the use of reasonable care and
inspections therein, might and should have had due notice. That prior to and/or on September 19,
2023, the Defendant its agents, servants and/or employees caused and created the defective
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condition upon the subject premises which was a dangerous condition consisting of a trap and
nuisance, as well as a negligent and improper condition.
30. That at all times prior to and including September 30, 2023, the Defendant
DIAMOND PROPERTY MANAGEMENT, INC their agents, servants and/or employees
negligently and carelessly maintained said premises in such a haphazard, negligent manner as to
cause the same to become and remain in an unsafe, improper and dangerous condition; caused
and/or allowed a trap-like and/or nuisance to exist; caused and/or created and/or allowed and/or
permitted a negligent and improper condition of which the Defendant had due notice, or by the use
of reasonable care and inspections therein, might and should have had due notice. That prior to
and/or on September 19, 2023, the Defendant its agents, servants and/or employees caused and
created the defective condition upon the subject premises which was a dangerous condition
consisting of a trap and nuisance, as well as a negligent and improper condition.
31. Upon information and belief, and at all times hereinafter mentioned, it was the duty
of Defendant KF 755 OCEAN AVENUE, LLC their agents, servants, and/or employees to
maintain the aforesaid premises in a safe, proper, lawful and careful manner, so that the same
would not be dangerous to persons lawfully on said premises and to keep same from defaults, traps
and conditions, constituting a danger and menace to persons lawfully and properly therein.
32. Upon information and belief, and at all times hereinafter mentioned, it was the duty
of Defendant DIAMOND PROPERTY MANAGEMENT, INC their agents, servants, and/or
employees to maintain the aforesaid premises in a safe, proper, lawful and careful manner, so that
the same would not be dangerous to persons lawfully on said premises and to keep same from
defaults, traps and conditions, constituting a danger and menace to persons lawfully and properly
therein.
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33. That at all times hereinafter mentioned, the Defendants knew or should have known
about the dangerous, hazardous, defective and trap-like condition and failed to repair, warn and/or
take proper precautions to protect persons properly and lawfully on the aforesaid premises and
more particularly, the Plaintiff herein.
34. That at all times hereinafter mentioned, Defendant KF 755 OCEAN AVENUE,
LLC their agents, servants and/or employees, were careless, reckless, and negligent in that they
breached such duty.
35. That at all times hereinafter mentioned, Defendant DIAMOND PROPERTY
MANAGEMENT, INC their agents, servants and/or employees, were careless, reckless, and
negligent in that they breached such duty.
36. That Defendant KF 755 OCEAN AVENUE, LLC their servants, agents and/or
employees were careless, reckless and negligent in the ownership, operation, management, control,
maintenance, and/or inspection of the aforesaid premises.
37. That Defendant DIAMOND PROPERTY MANAGEMENT, INC their servants,
agents and/or employees were careless, reckless and negligent in the ownership, operation,
management, control, maintenance, and/or inspection of the aforesaid premises.
38. That Defendant KF 755 OCEAN AVENUE, LLC their servants, agents and/or
employees had actual and/or constructive notice of the aforesaid dangerous, hazardous, defective,
and trap-like condition.
39. That Defendant DIAMOND PROPERTY MANAGEMENT, INC their servants,
agents and/or employees had actual and/or constructive notice of the aforesaid dangerous,
hazardous, defective, and trap-like condition.
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40. That Defendant KF 755 OCEAN AVENUE, LLC their servants, agents and/or
employees caused and/or created the aforesaid dangerous, hazardous, defective, and trap-like
condition.
41. That Defendant DIAMOND PROPERTY MANAGEMENT, INC their servants,
agents and/or employees caused and/or created the aforesaid dangerous, hazardous, defective, and
trap-like condition.
42. That Defendant KF 755 OCEAN AVENUE, LLC their servants, agents and/or
employees had a duty to warn the Plaintiffs of the aforesaid dangerous, hazardous, defective, and
trap-like condition.
43. That Defendant DIAMOND PROPERTY MANAGEMENT, INC their servants,
agents and/or employees had a duty to warn the Plaintiffs of the aforesaid dangerous, hazardous,
defective, and trap-like condition.
44. That Defendant KF 755 OCEAN AVENUE, LLC their servants, agents and/or
employees failed to warn the Plaintiffs of the aforesaid and trap-
dangerous, hazardous, defective,
like condition, and were therefore negligent.
45. That Defendant DIAMOND PROPERTY MANAGEMENT, INC their
servants, agents and/or employees failed to warn the Plaintiffs of the aforesaid dangerous,
hazardous, defective, and trap-like condition, and were therefore negligent.
46. That said incident and resulting injuries to the Plaintiff was caused solely and
wholly by reason of the carelessness, recklessness, and negligence of the Defendants, without any
negligence of the Plaintiff contributing thereto.
47. That by reason of the premises and wrongful acts and omissions on the part of the
Defendant as stated above, the Plaintiff have suffered and will continue to suffer pain and agony
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in mind and body and was unable to attend to her duties, all to her damage in the sum which
exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction.
48. That this action falls within one or more of the exceptions set forth in CPLR §1602.
WHEREFORE, the Plaintiff, demand judgment against the Defendants herein, on the
within causes of action against Defendants, together with the costs and disbursements of this
action.
Dated: New York, NY
April 26, 2024
HA A JCLY, ESQ.
LAW OFFICES OF
MICHAEL S. LAMONSOFF, PLLC
Attorneys for Plaintiff
NICOLE SMITH
Financial Square at 32 Old - 8th FL
Slip
New York, New York 10005
(212) 962-1020
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ATTORNEY'S VERIFICATION
HANNAH JOLY, ESQ., an attorney duly admitted to practice before the Courts of the
State ofNew York, affirms the following to be true under the penalties of perjury: I am an attorney
at LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC, attorneys of record for Plaintiff,
NICOLE SMITH. I have read the annexed SUMMONS AND VERIFIED COMPLAINT and
know the contents thereof, and the same are true to my knowledge, except those matters therein
which are stated to be alleged upon information and belief, and as to those matters I believe them
to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts,
records, and other pertinent information contained in my files.
This verification is made by me because Plaintiff does not reside and is not presently in the
county wherein I maintain my offices.
Dated: New York, NY
April 26, 2024
HA J LY, ESQ.
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Preview
FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 SUPREME COURT OF THE STATE OF NEW YORK · Index No COUNTY OF KINGS Date Purchased: ___________________________________________--- ___________Ç NICOLE SMITH SUMMONS Plaintiff, Plaintiff designates KINGS - against - County as the place of trial. The basis of venue is: KF 755 OCEAN AVENUE, LLC AND DIAMOND Location of incident PROPERTY MANAGEMENT, INC., Location of Incident: Defendants. 755 Ocean Avenue ________..___________________._______________Ç Brooklyn, NY 10456 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 Plaintiffs attorneys 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, NY April 26, 2024 HA X ESQ. --- JOLY, LAW OFFICES OF MICHAEL S. LAMONSOFF, PLL Attorneys for Plaintiff NICOLE SMITH Financial Square at 32 Old - 8th FL Slip New York, New York 10005 (212) 962-1020 TO: KF 755 OCEAN AVENUE, LLC C/O DIAMOND PROPERTY MANAGEMENT, INC. 38" 1413 STREET BROOKLYN, NY 11218 1 of 11 FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 DIAMOND PROPERTY MANAGEMENT, INC., 1285 52 STREET BROOKLYN, NY 11219 2 of 11 FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --______-________________________-_____________________Ç NICOLE SMITH, Index No.: Date Purchased: Plaintiff, VERIFIED COMPLAINT - against - KF 755 OCEAN AVENUE, LLC AND DIAMOND PROPERTY MANAGEMENT, INC., Defendants. ----------------.____________________________Ç Plaintiff, by her attorneys, LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC, complaining of the Defendants, respectfully alleges, upon information and belief: 1. At all times hereinafter mentioned Plaintiff, NICOLE SMITH was and still is a resident in the County of Kings, City and State of New York. 2. That at all times hereinafter alleged, Defendant, KF 755 OCEAN AVENUE, LLC was and still is a limited liability company organized and existing under and by virtue of the laws of the State of New York. 3. That at all times hereinafter alleged, Defendant, DIAMOND PROPERTY MANAGEMENT, INC was and still is a limited liability company organized and existing under and by virtue of the laws of the State of New York. 4. That at all times hereinafter alleged, Defendant, KF 755 OCEAN AVENUE, LLC was and still is a foreign business corporation organized and existing under and by virtue of the laws of the State of New York. 5. That at all times hereinafter alleged, Defendant, DIAMOND PROPERTY MANAGEMENT, INC was and still is a foreign business corporation organized and existing under and by virtue of the laws of the State of New York. 3 of 11 FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 6. Upon information and belief, and at all times herein mentioned, Defendant KF 755 OCEAN AVENUE, LLC was and still is an unincorporated association doing business in the state of New York. 7. Upon information and belief, and at all times herein mentioned, Defendant DIAMOND PROPERTY MANAGEMENT, INC was and still is an unincorporated association doing business in the state of New York. 8. That at all times hereinafter alleged, Defendant, KF 755 OCEAN AVENUE, LLC was and still is a domestic not-for-profit business corporation organized and existing under and by virtue of the laws of the State of New York. 9. That at all times hereinafter alleged, Defendant, DIAMOND PROPERTY MANAGEMENT, INC was and still is a domestic not-for-profit business corporation organized and existing under and by virtue of the laws of the State of New York. 10. Upon information and belief, and at all times herein mentioned, Defendant KF 755 OCEAN AVENUE, LLC owned the premises located at 755 Ocean Avenue, 6K, County of Kings, City and State of New York (hereinafter, "subject premises"). 11. Upon information and belief, and at all times herein mentioned, Defendant DIAMOND PROPERTY MANAGEMENT, INC owned the premises located at 755 Ocean Avenue, 6K, County of Kings, City and State of New York (hereinafter, "subject premises"). 12. Upon information and belief, and at all times herein mentioned, Defendant KF 755 OCEAN AVENUE, LLC operated the subject premises. 13. Upon information and belief, and at all times herein mentioned, Defendant DIAMOND PROPERTY MANAGEMENT, INC operated the subject premises. 4 of 11 FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 14. Upon information and belief, and at all times herein mentioned, Defendant KF 755 OCEAN AVENUE, LLC maintained the subject premises. 15. Upon information and belief, and at all times herein mentioned, Defendant DIAMOND PROPERTY MANAGEMENT, INC maintained the subject premises. 16. Upon information and belief, and at all times herein mentioned, Defendant KF 755 OCEAN AVENUE, LLC managed the subject premises. 17. Upon information and belief, and at all times herein mentioned, Defendant DIAMOND PROPERTY MANAGEMENT, INC managed the subject premises. 18. Upon information and belief, and at all times herein mentioned, Defendant KF 755 OCEAN AVENUE, LLC controlled the subject premises. 19. Upon information and belief, and at all times herein mentioned, Defendant DIAMOND PROPERTY MANAGEMENT, INC controlled the subject premises. 20. Upon information and belief, and at all times herein mentioned, Defendant KF 755 OCEAN AVENUE, LLC inspected the subject premises. 21. Upon information and belief, and at all times herein mentioned, Defendant DIAMOND PROPERTY MANAGEMENT, INC inspected the subject premises. 22. Upon information and belief, and at all times herein mentioned, Defendant KF 755 OCEAN AVENUE, LLC repaired the subject premises. 23. Upon information and belief, and at all times herein mentioned, Defendant DIAMOND PROPERTY MANAGEMENT, INC repaired the subject premises. 5 of 11 FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 24. That at all times herein mentioned, it was the duty of the Defendants, 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 the subject premises to become unsafe and dangerous to pedestrians and/or tenants. 25. That at all times herein mentioned, it was the duty of the Defendants, their agents, servants and/or employees to inspect the subject premises to ensure that same is in a reasonably safe condition for the benefit of pedestrians and/or tenants within said premises. 26. That on September 30, 2023, Plaintiff NICOLE SMIT.H was lawfully present within the subject premises. 27. That on September 30, 2023, Plaintiff NICOLE SMITH was a tenant inside the subject premises. 28. That on September 30, 2023, Plaintiff NICOLE SMITH was lawfully upon the subject premises when the ceiling collapsed due to a dangerous, hazardous and/or defective condition at the subject premises and sustained serious and permanent injuries. 29. That at all times prior to and including September 30, 2023, the Defendant KF 755 OCEAN AVENUE, LLC their agents, servants and/or employees negligently and carelessly maintained said premises in such a haphazard, negligent manner as to cause the same to become and remain in an unsafe, improper and dangerous condition; caused and/or allowed a trap-like and/or nuisance to exist; caused and/or created and/or allowed and/or permitted a negligent and improper condition of which the Defendant had due notice, or by the use of reasonable care and inspections therein, might and should have had due notice. That prior to and/or on September 19, 2023, the Defendant its agents, servants and/or employees caused and created the defective 6 of 11 FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 condition upon the subject premises which was a dangerous condition consisting of a trap and nuisance, as well as a negligent and improper condition. 30. That at all times prior to and including September 30, 2023, the Defendant DIAMOND PROPERTY MANAGEMENT, INC their agents, servants and/or employees negligently and carelessly maintained said premises in such a haphazard, negligent manner as to cause the same to become and remain in an unsafe, improper and dangerous condition; caused and/or allowed a trap-like and/or nuisance to exist; caused and/or created and/or allowed and/or permitted a negligent and improper condition of which the Defendant had due notice, or by the use of reasonable care and inspections therein, might and should have had due notice. That prior to and/or on September 19, 2023, the Defendant its agents, servants and/or employees caused and created the defective condition upon the subject premises which was a dangerous condition consisting of a trap and nuisance, as well as a negligent and improper condition. 31. Upon information and belief, and at all times hereinafter mentioned, it was the duty of Defendant KF 755 OCEAN AVENUE, LLC their agents, servants, and/or employees to maintain the aforesaid premises in a safe, proper, lawful and careful manner, so that the same would not be dangerous to persons lawfully on said premises and to keep same from defaults, traps and conditions, constituting a danger and menace to persons lawfully and properly therein. 32. Upon information and belief, and at all times hereinafter mentioned, it was the duty of Defendant DIAMOND PROPERTY MANAGEMENT, INC their agents, servants, and/or employees to maintain the aforesaid premises in a safe, proper, lawful and careful manner, so that the same would not be dangerous to persons lawfully on said premises and to keep same from defaults, traps and conditions, constituting a danger and menace to persons lawfully and properly therein. 7 of 11 FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 33. That at all times hereinafter mentioned, the Defendants knew or should have known about the dangerous, hazardous, defective and trap-like condition and failed to repair, warn and/or take proper precautions to protect persons properly and lawfully on the aforesaid premises and more particularly, the Plaintiff herein. 34. That at all times hereinafter mentioned, Defendant KF 755 OCEAN AVENUE, LLC their agents, servants and/or employees, were careless, reckless, and negligent in that they breached such duty. 35. That at all times hereinafter mentioned, Defendant DIAMOND PROPERTY MANAGEMENT, INC their agents, servants and/or employees, were careless, reckless, and negligent in that they breached such duty. 36. That Defendant KF 755 OCEAN AVENUE, LLC their servants, agents and/or employees were careless, reckless and negligent in the ownership, operation, management, control, maintenance, and/or inspection of the aforesaid premises. 37. That Defendant DIAMOND PROPERTY MANAGEMENT, INC their servants, agents and/or employees were careless, reckless and negligent in the ownership, operation, management, control, maintenance, and/or inspection of the aforesaid premises. 38. That Defendant KF 755 OCEAN AVENUE, LLC their servants, agents and/or employees had actual and/or constructive notice of the aforesaid dangerous, hazardous, defective, and trap-like condition. 39. That Defendant DIAMOND PROPERTY MANAGEMENT, INC their servants, agents and/or employees had actual and/or constructive notice of the aforesaid dangerous, hazardous, defective, and trap-like condition. 8 of 11 FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 40. That Defendant KF 755 OCEAN AVENUE, LLC their servants, agents and/or employees caused and/or created the aforesaid dangerous, hazardous, defective, and trap-like condition. 41. That Defendant DIAMOND PROPERTY MANAGEMENT, INC their servants, agents and/or employees caused and/or created the aforesaid dangerous, hazardous, defective, and trap-like condition. 42. That Defendant KF 755 OCEAN AVENUE, LLC their servants, agents and/or employees had a duty to warn the Plaintiffs of the aforesaid dangerous, hazardous, defective, and trap-like condition. 43. That Defendant DIAMOND PROPERTY MANAGEMENT, INC their servants, agents and/or employees had a duty to warn the Plaintiffs of the aforesaid dangerous, hazardous, defective, and trap-like condition. 44. That Defendant KF 755 OCEAN AVENUE, LLC their servants, agents and/or employees failed to warn the Plaintiffs of the aforesaid and trap- dangerous, hazardous, defective, like condition, and were therefore negligent. 45. That Defendant DIAMOND PROPERTY MANAGEMENT, INC their servants, agents and/or employees failed to warn the Plaintiffs of the aforesaid dangerous, hazardous, defective, and trap-like condition, and were therefore negligent. 46. That said incident and resulting injuries to the Plaintiff was caused solely and wholly by reason of the carelessness, recklessness, and negligence of the Defendants, without any negligence of the Plaintiff contributing thereto. 47. That by reason of the premises and wrongful acts and omissions on the part of the Defendant as stated above, the Plaintiff have suffered and will continue to suffer pain and agony 9 of 11 FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 in mind and body and was unable to attend to her duties, all to her damage in the sum which exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction. 48. That this action falls within one or more of the exceptions set forth in CPLR §1602. WHEREFORE, the Plaintiff, demand judgment against the Defendants herein, on the within causes of action against Defendants, together with the costs and disbursements of this action. Dated: New York, NY April 26, 2024 HA A JCLY, ESQ. LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC Attorneys for Plaintiff NICOLE SMITH Financial Square at 32 Old - 8th FL Slip New York, New York 10005 (212) 962-1020 10 of 11 FILED: KINGS COUNTY CLERK 05/06/2024 02:13 PM INDEX NO. 512647/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/06/2024 ATTORNEY'S VERIFICATION HANNAH JOLY, ESQ., an attorney duly admitted to practice before the Courts of the State ofNew York, affirms the following to be true under the penalties of perjury: I am an attorney at LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC, attorneys of record for Plaintiff, NICOLE SMITH. I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Plaintiff does not reside and is not presently in the county wherein I maintain my offices. Dated: New York, NY April 26, 2024 HA J LY, ESQ. 11 of 11