Preview
FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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LEDREAD GATHERS, Index No.:
Plaintiff(s), SUMMONS
-against- Plaintiff designates KINGS
COUNTY as the place of trial,
THE DEPARTMENT OF EDUCATION OF THE CITY the county in which is the
OF NEW YORK and CITY OF NEW YORK, location where the cause of
action arose, pursuant to CPLR §
Defendant(s). 504.
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TO THE ABOVE-NAMED DEFENDANT(s):
YOU ARE HEREBY SUMMONED to Answer the Verified Complaint in this action and
to serve a copy of your Answer on the Plaintiff’s attorneys within twenty days after the service of
this Summons, exclusive of the day of service of this Summons, or within thirty days after service
of this Summons is complete, if this Summons is not personally delivered to you within the State
of New York.
In case of your failure to Answer this Summons, a Judgment by Default will be taken
against you for the relief demanded in the Verified Complaint.
Dated: New York, New York
May 8, 2024
MORGAN & MORGAN NY, PLLC
By: /s/ Nicholas Gerschman
Nicholas Gerschman, Esq.
Attorneys for Plaintiff
199 Water Street, Suite 1500
New York, NY 10038
(917) 344-7021
ngerschman@forthepeople.com
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PLEASE FORWARD TO YOUR INSURANCE CARRIER
THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK
New York City Comptroller's Office, Central Imaging Facility
One Centre Street, Room 1225
New York, NY 10007
CITY OF NEW YORK
100 Church Street
New York, NY 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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LEDREAD GATHERS, Index No.:
Plaintiff(s),
-against- VERIFIED COMPLAINT
THE DEPARTMENT OF EDUCATION OF THE CITY
OF NEW YORK and CITY OF NEW YORK,
Defendant(s).
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Plaintiff, LEDREAD GATHERS, by and through his attorneys, MORGAN & MORGAN NY
PLLC., alleges upon information, and/or belief:
1. Plaintiff LEDREAD GATHERS, at all times herein mentioned, was and has been a
resident of the County of Kings, State of New York.
2. At all times herein relevant, defendant CITY OF NEW YORK was and has been a
municipal organization, organized and existing under the laws of the State of New York.
3. At all times herein relevant, defendant THE DEPARTMENT OF EDUCATION OF
THE CITY OF NEW YORK was and has been a municipal organization, organized and existing
under the laws of the State of New York.
4. A notice of claim was served on defendant CITY OF NEW YORK on June 1, 2023, in
compliance with General Municipal Law § 50-e.
5. A notice of claim was served on defendant THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK on June 1, 2023, in compliance with General Municipal Law §
50-e.
6. Defendant CITY OF NEW YORK has failed and refused to make payment to plaintiff
in accordance with his Notice of Claim.
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7. A hearing was held by defendant CITY OF NEW YORK pursuant to General
Municipal Law § 50-h on February 7, 2024.
8. More than ninety days have elapsed since service of Plaintiff’s notice of claim, and
defendant THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK has
neglected to notice a hearing pursuant to General Municipal Law § 50-h.
9. At least thirty days have elapsed since the service of the notice of claim upon the
defendants CITY OF NEW YORK and THE DEPARTMENT OF EDUCATION OF THE CITY
OF NEW YORK and adjustment or payment thereof has been neglected or refused by defendant.
10. This action is commenced within a year and ninety days of the occurrence.
11. On and before March 28, 2023 (the “Subject Date”), Defendant, THE DEPARTMENT
OF EDUCATION OF THE CITY OF NEW YORK, owned the premises located at 350 Linwood
Street, Brooklyn, NY 11208 (the “Subject Premises”).
12. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK was one of the owners of the Subject Premises.
13. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK leased the Subject Premises.
14. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees, possessed the Subject
Premises.
15. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees, operated the Subject
Premises.
16. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, did business at the Subject Premises.
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17. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees, maintained the Subject
Premises.
18. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees, cleaned the Subject
Premises.
19. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees, managed the Subject
Premises.
20. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees inspected the Subject
Premises.
21. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees, controlled the Subject
Premises.
22. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees repaired, the Subject
Premises.
23. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees designed the Subject
Premises.
24. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees constructed the Subject
Premises.
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25. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees derived a special use
from the Subject Premises.
26. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees hired, retained,
contracted, and/or trained certain individuals or entities to perform cleaning, maintenance, repair,
and/or other services at the Subject Premises.
27. At all times herein mentioned, it was the duty of Defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK, to maintain the Subject Premises in a reasonably
safe and suitable condition for patrons, customers, guests, tenants, and pedestrians, including but
not limited to the Plaintiff herein.
28. At all times herein mentioned, it was the duty of Defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK, to maintain the sidewalk (the “Subject Location”)
at the Subject Premises, in a reasonably safe and suitable condition for patrons, customers, guests,
tenants, and pedestrians, including but not limited to the Plaintiff herein.
29. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees inspected the Subject
Location at the Subject Premises.
30. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees repaired the Subject
Location at the Subject Premises.
31. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees installed the walking
surface at the Subject Location at the Subject Premises.
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32. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees designed the walking
surface at the Subject Location at the Subject Premises.
33. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees installed the walking
surface at the Subject Location at the Subject Premises.
34. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, by its servants, agents and/or employees cleaned the walking
surface at the Subject Location at the Subject Premises.
35. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION
OF THE CITY OF NEW YORK, derived a special use from the Subject Location at the Subject
Premises.
36. On and before the Subject Date, Defendant, CITY OF NEW YORK, owned the Subject
Premises.
37. On and before the Subject Date, Defendant, CITY OF NEW YORK, was one of the
owners of the Subject Premises.
38. On and before the Subject Date, Defendant, CITY OF NEW YORK leased the Subject
Premises.
39. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees, possessed the Subject Premises.
40. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees, operated the Subject Premises.
41. On and before the Subject Date, Defendant, CITY OF NEW YORK, did business at
the Subject Premises.
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42. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees, maintained the Subject Premises.
43. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees, cleaned the Subject Premises.
44. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees, managed the Subject Premises.
45. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees, inspected the Subject Premises.
46. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees, controlled the Subject Premises.
47. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees repaired the Subject Premises.
48. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees designed the Subject Premises.
49. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees constructed the Subject Premises.
50. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees derived a special use from the Subject Premises.
51. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees hired, retained, contracted, and/or trained certain individuals or entities
to perform cleaning, maintenance, repair, and/or other services at the Subject Premises. At all times
herein mentioned, it was the duty of Defendant, CITY OF NEW YORK, to maintain the Subject
Premises in a reasonably safe and suitable condition for patrons, customers, guests, tenants, and
pedestrians, including but not limited to the Plaintiff herein.
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52. At all times herein mentioned, it was the duty of Defendant, CITY OF NEW YORK,
to maintain the Subject Location at the Subject Premises, in a reasonably safe and suitable
condition for patrons, customers, guests, tenants, and pedestrians, including but not limited to the
Plaintiff herein.
53. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees inspected the Subject Location at the Subject Premises.
54. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees repaired the Subject Location at the Subject Premises.
55. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees installed the walking surface at the Subject Location at the Subject
Premises.
56. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees designed the walking surface at the Subject Location at the Subject
Premises.
57. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees installed the walking surface at the Subject Location at the Subject
Premises.
58. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants,
agents and/or employees cleaned the walking surface at the Subject Location at the Subject
Premises.
59. On or before the Subject Date, Defendant, CITY OF NEW YORK, derived a special
use from the Subject Location at the Subject Premises.
60. On the Subject Date, Plaintiff, LEDREAD GATHERS, was lawfully traversing the
Subject Location at the Subject Premises.
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61. On the Subject Date, Plaintiff, LEDREAD GATHERS, was caused to fall due to a
cracked, broken, defective, misleveled, uneven, unsafe, raised, and/or lowered walking surface at
the Subject Location of the Subject Premises thereby sustaining serious injuries and damages.
62. On and before the Subject Date, Defendants had notice of this defective condition,
including written notice of the condition more than fifteen days prior to the Subject Date, and/or
the recurrence of similar and related conditions. In the alternative, Defendants created the defective
condition.
63. Plaintiff LEDREAD GATHERS’s injuries and damages were caused solely by
Defendants’ negligence, by causing and/or permitting this dangerous condition, which Defendants
knew, or should have known existed, and continued to exist and/or by failing to warn Plaintiff ,
LEDREAD GATHERS of said dangerous conditions.
64. The foregoing incident and resulting serious injuries occurred as a direct result of the
negligence, carelessness and/or recklessness of the Defendants, its employees, agents, servants
and/or staff, without any negligence attributable in any measure to Plaintiff.
65. As a result of the negligence, carelessness and/or recklessness of Defendants, its
employees, agents, servants, and/or staff, Plaintiff was seriously injured and has suffered damages
in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts.
66. The limitations on liability set forth in CPLR Article 16 do not apply herein; one or
more of the exemptions set forth in CPLR § 1602 applies.
WHEREFORE, Plaintiff, LEDREAD GATHERS, demands judgment against the
Defendants in an amount which exceeds the jurisdictional limits of the New York State Supreme
Court, and plaintiff demands such other and further relief as the Court may deem just and proper,
together with the costs and disbursements of this action.
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Dated: New York, New York
May 8, 2024
MORGAN & MORGAN NY, PLLC
By: /s/ Nicholas Gerschman
Nicholas Gerschman, Esq.
Attorneys for Plaintiff
199 Water Street, Suite 1500
New York, NY 10038
(917) 344-7021
ngerschman@forthepeople.com
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ATTORNEY VERIFICATION
Nicholas Gerschman, an attorney duly admitted to practice law in the Courts of the State
of New York, states:
I am the attorney for the Plaintiff in the within action and have read the foregoing
SUMMONS and COMPLAINT and the contents thereof; the same is true upon information and
belief. This verification is made by this affiant and not by said Plaintiff because said Plaintiff
resides in a County other than the County of your affiant’s office.
The grounds of affiant’s knowledge and belief are as follows: Conference with client and
notes and records contained in the file maintained in the regular course of business.
The undersigned affirms that the foregoing statements are true under the penalties of
perjury.
Dated: New York, New York
May 8, 2024
/s/ Nicholas Gerschman
Nicholas Gerschman, Esq.
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Preview
FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X LEDREAD GATHERS, Index No.: Plaintiff(s), SUMMONS -against- Plaintiff designates KINGS COUNTY as the place of trial, THE DEPARTMENT OF EDUCATION OF THE CITY the county in which is the OF NEW YORK and CITY OF NEW YORK, location where the cause of action arose, pursuant to CPLR § Defendant(s). 504. -------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANT(s): YOU ARE HEREBY SUMMONED to Answer the Verified Complaint in this action and to serve a copy of your Answer on the Plaintiff’s attorneys within twenty days after the service of this Summons, exclusive of the day of service of this Summons, or within thirty days after service of this Summons is complete, if this Summons is not personally delivered to you within the State of New York. In case of your failure to Answer this Summons, a Judgment by Default will be taken against you for the relief demanded in the Verified Complaint. Dated: New York, New York May 8, 2024 MORGAN & MORGAN NY, PLLC By: /s/ Nicholas Gerschman Nicholas Gerschman, Esq. Attorneys for Plaintiff 199 Water Street, Suite 1500 New York, NY 10038 (917) 344-7021 ngerschman@forthepeople.com 1 1 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 PLEASE FORWARD TO YOUR INSURANCE CARRIER THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK New York City Comptroller's Office, Central Imaging Facility One Centre Street, Room 1225 New York, NY 10007 CITY OF NEW YORK 100 Church Street New York, NY 10007 2 2 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X LEDREAD GATHERS, Index No.: Plaintiff(s), -against- VERIFIED COMPLAINT THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK and CITY OF NEW YORK, Defendant(s). -------------------------------------------------------------------X Plaintiff, LEDREAD GATHERS, by and through his attorneys, MORGAN & MORGAN NY PLLC., alleges upon information, and/or belief: 1. Plaintiff LEDREAD GATHERS, at all times herein mentioned, was and has been a resident of the County of Kings, State of New York. 2. At all times herein relevant, defendant CITY OF NEW YORK was and has been a municipal organization, organized and existing under the laws of the State of New York. 3. At all times herein relevant, defendant THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK was and has been a municipal organization, organized and existing under the laws of the State of New York. 4. A notice of claim was served on defendant CITY OF NEW YORK on June 1, 2023, in compliance with General Municipal Law § 50-e. 5. A notice of claim was served on defendant THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK on June 1, 2023, in compliance with General Municipal Law § 50-e. 6. Defendant CITY OF NEW YORK has failed and refused to make payment to plaintiff in accordance with his Notice of Claim. 1 3 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 7. A hearing was held by defendant CITY OF NEW YORK pursuant to General Municipal Law § 50-h on February 7, 2024. 8. More than ninety days have elapsed since service of Plaintiff’s notice of claim, and defendant THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK has neglected to notice a hearing pursuant to General Municipal Law § 50-h. 9. At least thirty days have elapsed since the service of the notice of claim upon the defendants CITY OF NEW YORK and THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK and adjustment or payment thereof has been neglected or refused by defendant. 10. This action is commenced within a year and ninety days of the occurrence. 11. On and before March 28, 2023 (the “Subject Date”), Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, owned the premises located at 350 Linwood Street, Brooklyn, NY 11208 (the “Subject Premises”). 12. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK was one of the owners of the Subject Premises. 13. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK leased the Subject Premises. 14. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees, possessed the Subject Premises. 15. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees, operated the Subject Premises. 16. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, did business at the Subject Premises. 2 4 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 17. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees, maintained the Subject Premises. 18. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees, cleaned the Subject Premises. 19. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees, managed the Subject Premises. 20. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees inspected the Subject Premises. 21. On and before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees, controlled the Subject Premises. 22. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees repaired, the Subject Premises. 23. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees designed the Subject Premises. 24. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees constructed the Subject Premises. 3 5 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 25. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees derived a special use from the Subject Premises. 26. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees hired, retained, contracted, and/or trained certain individuals or entities to perform cleaning, maintenance, repair, and/or other services at the Subject Premises. 27. At all times herein mentioned, it was the duty of Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, to maintain the Subject Premises in a reasonably safe and suitable condition for patrons, customers, guests, tenants, and pedestrians, including but not limited to the Plaintiff herein. 28. At all times herein mentioned, it was the duty of Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, to maintain the sidewalk (the “Subject Location”) at the Subject Premises, in a reasonably safe and suitable condition for patrons, customers, guests, tenants, and pedestrians, including but not limited to the Plaintiff herein. 29. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees inspected the Subject Location at the Subject Premises. 30. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees repaired the Subject Location at the Subject Premises. 31. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees installed the walking surface at the Subject Location at the Subject Premises. 4 6 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 32. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees designed the walking surface at the Subject Location at the Subject Premises. 33. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees installed the walking surface at the Subject Location at the Subject Premises. 34. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by its servants, agents and/or employees cleaned the walking surface at the Subject Location at the Subject Premises. 35. On or before the Subject Date, Defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, derived a special use from the Subject Location at the Subject Premises. 36. On and before the Subject Date, Defendant, CITY OF NEW YORK, owned the Subject Premises. 37. On and before the Subject Date, Defendant, CITY OF NEW YORK, was one of the owners of the Subject Premises. 38. On and before the Subject Date, Defendant, CITY OF NEW YORK leased the Subject Premises. 39. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees, possessed the Subject Premises. 40. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees, operated the Subject Premises. 41. On and before the Subject Date, Defendant, CITY OF NEW YORK, did business at the Subject Premises. 5 7 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 42. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees, maintained the Subject Premises. 43. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees, cleaned the Subject Premises. 44. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees, managed the Subject Premises. 45. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees, inspected the Subject Premises. 46. On and before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees, controlled the Subject Premises. 47. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees repaired the Subject Premises. 48. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees designed the Subject Premises. 49. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees constructed the Subject Premises. 50. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees derived a special use from the Subject Premises. 51. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees hired, retained, contracted, and/or trained certain individuals or entities to perform cleaning, maintenance, repair, and/or other services at the Subject Premises. At all times herein mentioned, it was the duty of Defendant, CITY OF NEW YORK, to maintain the Subject Premises in a reasonably safe and suitable condition for patrons, customers, guests, tenants, and pedestrians, including but not limited to the Plaintiff herein. 6 8 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 52. At all times herein mentioned, it was the duty of Defendant, CITY OF NEW YORK, to maintain the Subject Location at the Subject Premises, in a reasonably safe and suitable condition for patrons, customers, guests, tenants, and pedestrians, including but not limited to the Plaintiff herein. 53. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees inspected the Subject Location at the Subject Premises. 54. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees repaired the Subject Location at the Subject Premises. 55. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees installed the walking surface at the Subject Location at the Subject Premises. 56. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees designed the walking surface at the Subject Location at the Subject Premises. 57. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees installed the walking surface at the Subject Location at the Subject Premises. 58. On or before the Subject Date, Defendant, CITY OF NEW YORK, by its servants, agents and/or employees cleaned the walking surface at the Subject Location at the Subject Premises. 59. On or before the Subject Date, Defendant, CITY OF NEW YORK, derived a special use from the Subject Location at the Subject Premises. 60. On the Subject Date, Plaintiff, LEDREAD GATHERS, was lawfully traversing the Subject Location at the Subject Premises. 7 9 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 61. On the Subject Date, Plaintiff, LEDREAD GATHERS, was caused to fall due to a cracked, broken, defective, misleveled, uneven, unsafe, raised, and/or lowered walking surface at the Subject Location of the Subject Premises thereby sustaining serious injuries and damages. 62. On and before the Subject Date, Defendants had notice of this defective condition, including written notice of the condition more than fifteen days prior to the Subject Date, and/or the recurrence of similar and related conditions. In the alternative, Defendants created the defective condition. 63. Plaintiff LEDREAD GATHERS’s injuries and damages were caused solely by Defendants’ negligence, by causing and/or permitting this dangerous condition, which Defendants knew, or should have known existed, and continued to exist and/or by failing to warn Plaintiff , LEDREAD GATHERS of said dangerous conditions. 64. The foregoing incident and resulting serious injuries occurred as a direct result of the negligence, carelessness and/or recklessness of the Defendants, its employees, agents, servants and/or staff, without any negligence attributable in any measure to Plaintiff. 65. As a result of the negligence, carelessness and/or recklessness of Defendants, its employees, agents, servants, and/or staff, Plaintiff was seriously injured and has suffered damages in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts. 66. The limitations on liability set forth in CPLR Article 16 do not apply herein; one or more of the exemptions set forth in CPLR § 1602 applies. WHEREFORE, Plaintiff, LEDREAD GATHERS, demands judgment against the Defendants in an amount which exceeds the jurisdictional limits of the New York State Supreme Court, and plaintiff demands such other and further relief as the Court may deem just and proper, together with the costs and disbursements of this action. 8 10 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 Dated: New York, New York May 8, 2024 MORGAN & MORGAN NY, PLLC By: /s/ Nicholas Gerschman Nicholas Gerschman, Esq. Attorneys for Plaintiff 199 Water Street, Suite 1500 New York, NY 10038 (917) 344-7021 ngerschman@forthepeople.com 9 11 of 12 FILED: KINGS COUNTY CLERK 05/08/2024 02:13 PM INDEX NO. 512956/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 ATTORNEY VERIFICATION Nicholas Gerschman, an attorney duly admitted to practice law in the Courts of the State of New York, states: I am the attorney for the Plaintiff in the within action and have read the foregoing SUMMONS and COMPLAINT and the contents thereof; the same is true upon information and belief. This verification is made by this affiant and not by said Plaintiff because said Plaintiff resides in a County other than the County of your affiant’s office. The grounds of affiant’s knowledge and belief are as follows: Conference with client and notes and records contained in the file maintained in the regular course of business. The undersigned affirms that the foregoing statements are true under the penalties of perjury. Dated: New York, New York May 8, 2024 /s/ Nicholas Gerschman Nicholas Gerschman, Esq. 10 12 of 12