Preview
FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
SUPREME COURT OF THE STATE OF NEW YORK Date Filed:
COUNTY OF DUTCHESS Index No.:
============================X
MELISSA GORSKI, SUMMONS
Plaintiff, Plaintiff designates
Dutchess County
-against- as place of trial
NEVILLE COMPANIES, INC., The basis of the venue is:
MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, Situs of Occurrence
and HANNAFORD BROS. CO., LLC,
Defendants.
============================X
To the above named defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, to, if the complaint is not served with the summons, to serve a notice of
appearance, on the plaintiff's attorneys within twenty (20) days after the service of this summons,
exclusive of the day of service (or within thirty (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 herein.
Dated: New York, New York
May 8, 2024
The nature of this action is for injuries sustained as a result of the defendants’ negligence.
The relief sought is monetary damages.
ELEFTERAKIS, ELEFTERAKIS & PANEK
----------------------------------------------
BY: NICHOLAS ELEFTERAKIS, ESQ.
Attorneys for Plaintiff
80 Pine Street, 38th Floor
New York, N.Y. 10005
(212) 532-1116
Failure to respond, a judgment will be against you, by default and interest from February 13,
2024.
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Defendants:
NEVILLE COMPANIES, INC.
30 Kimball Avenue, Suite 101
South Burlington, VT 05403
NEVILLE COMPANIES, INC.
22 McGrath Highway
Somerville, MA 02143
MARTIN’S FOODS OF SOUTH BURLINGTON, LLC
C/O Corporation Service Company
80 State Street
Albany, NY 12207
MARTIN’S FOODS OF SOUTH BURLINGTON, LLC
253 South Union Street
Burlington, VT 04501
HANNAFORD BROS. CO., LLC
C/O Corporation Service Company
80 State Street
Albany, NY 12207
HANNAFORD BROS. CO., LLC
CSC Services of Maine, Inc.
45 Memorial Circle
Augusta, ME 04330
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SUPREME COURT OF THE STATE OF NEW YORK Date Filed:
COUNTY OF DUTCHESS Index No.:
============================X
MELISSA GORSKI,
Plaintiff,
VERIFIED COMPLAINT
-against-
NEVILLE COMPANIES, INC.,
MARTIN’S FOODS OF SOUTH BURLINGTON, LLC,
and HANNAFORD BROS. CO., LLC,
Defendants.
============================X
Plaintiff, by her attorneys, ELEFTERAKIS, ELEFTERAKIS & PANEK, as and for her
Verified Complaint, respectfully alleges, upon information and belief:
1. The plaintiff, MELISSA GORSKI, at all times herein mentioned was a resident of
the State of New York.
2. That at all the times hereinafter alleged, and upon information and belief, Defendant,
NEVILLE COMPANIES, INC., was and still is a domestic corporation organized and existing
under and by virtue of the laws of the State of New York.
3. That at all the times hereinafter alleged, and upon information and belief, Defendant,
NEVILLE COMPANIES, INC., was and still is a foreign corporation authorized to do business
under and by virtue of the laws of the State of New York.
4. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, NEVILLE COMPANIES, INC., maintained a principal place of business in the State of
New York.
5. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, NEVILLE COMPANIES, INC., conducted and carried on business in the State of New
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York.
6. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, NEVILLE COMPANIES, INC., transacted business within the State of New York.
7. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, NEVILLE COMPANIES, INC., derived substantial revenue from goods used or
consumed or services rendered in the State of New York.
8. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, NEVILLE COMPANIES, INC., expected or should have reasonably expected its acts
to have consequences in the State of New York.
9. That at all the times hereinafter alleged, and upon information and belief, Defendant,
MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was and still is a domestic corporation
organized and existing under and by virtue of the laws of the State of New York.
10. That at all the times hereinafter alleged, and upon information and belief, Defendant,
MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was and still is a foreign corporation
authorized to do business under and by virtue of the laws of the State of New York.
11. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, maintained a principal place
of business in the State of New York.
12. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, conducted and carried on
business in the State of New York.
13. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, transacted business within
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the State of New York.
14. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, derived substantial revenue
from goods used or consumed or services rendered in the State of New York.
15. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, expected or should have
reasonably expected its acts to have consequences in the State of New York.
16. That at all the times hereinafter alleged, and upon information and belief, Defendant,
HANNAFORD BROS. CO., LLC, was and still is a domestic corporation organized and existing
under and by virtue of the laws of the State of New York.
17. That at all the times hereinafter alleged, and upon information and belief, Defendant,
HANNAFORD BROS. CO., LLC, was and still is a foreign corporation authorized to do business
under and by virtue of the laws of the State of New York.
18. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, HANNAFORD BROS. CO., LLC, maintained a principal place of business in the State
of New York.
19. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, HANNAFORD BROS. CO., LLC, conducted and carried on business in the State of
New York.
20. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, HANNAFORD BROS. CO., LLC, transacted business within the State of New York.
21. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, HANNAFORD BROS. CO., LLC, derived substantial revenue from goods used or
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consumed or services rendered in the State of New York.
22. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, HANNAFORD BROS. CO., LLC, expected or should have reasonably expected its acts
to have consequences in the State of New York.
23. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., owned the premises known as Hannaford Supermarket
located at 162 Route 22 in Dutchess County, State of New York.
24. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., owned the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
25. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., was a lessee of the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
26. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., was a lessee of the parking lot at the premises known
as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
27. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., was a lessor of the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
28. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., was a lessor of the parking lot at the premises known
as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
29. That at all the times hereinafter alleged, and upon information and belief, the
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defendant, NEVILLE COMPANIES, INC., managed the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
30. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., managed the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
31. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., maintained the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
32. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., maintained the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
33. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., controlled the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
34. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., controlled the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
35. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., operated the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
36. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., operated the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
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37. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., supervised the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
38. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., supervised the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
39. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., inspected the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
40. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., inspected the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
41. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., was responsible for the maintenance of the premises
known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
42. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., was responsible for the maintenance of the parking lot
at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State
of New York.
43. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., was responsible for the snow/ice removal at the
premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of
New York.
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44. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEVILLE COMPANIES, INC., was responsible for the snow/ice removal of the parking
lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County,
State of New York.
45. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, owned the premises known
as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
46. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, owned the parking lot at the
premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of
New York.
47. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was a lessee of the premises
known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
48. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was a lessee of the parking
lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County,
State of New York.
49. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was a lessor of the premises
known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
50. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was a lessor of the parking
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lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County,
State of New York.
51. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, managed the premises
known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
52. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, managed the parking lot at
the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of
New York.
53. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, maintained the premises
known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
54. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, maintained the parking lot at
the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of
New York.
55. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, controlled the premises
known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
56. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, controlled the parking lot at
the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of
New York.
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57. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, operated the premises known
as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
58. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, operated the parking lot at
the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of
New York.
59. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, supervised the premises
known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
60. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, supervised the parking lot at
the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of
New York.
61. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, inspected the premises
known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
62. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, inspected the parking lot at
the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of
New York.
63. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was responsible for the
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maintenance of the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess
County, State of New York.
64. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was responsible for the
maintenance of the parking lot at the premises known as Hannaford Supermarket located at 162 Route
22 in Dutchess County, State of New York.
65. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was responsible for the
snow/ice removal at the premises known as Hannaford Supermarket located at 162 Route 22 in
Dutchess County, State of New York.
66. That at all the times hereinafter alleged, and upon information and belief, the
defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was responsible for the
snow/ice removal of the parking lot at the premises known as Hannaford Supermarket located at 162
Route 22 in Dutchess County, State of New York.
67. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, owned the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
68. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, owned the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
69. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, was a lessee of the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
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70. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, was a lessee of the parking lot at the premises known
as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
71. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, was a lessor of the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
72. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, was a lessor of the parking lot at the premises known
as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
73. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, managed the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
74. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, managed the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
75. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, maintained the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
76. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, maintained the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
77. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, controlled the premises known as Hannaford
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Supermarket located at 162 Route 22 in Dutchess County, State of New York.
78. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, controlled the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
79. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, operated the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
80. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, operated the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
81. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, supervised the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
82. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, supervised the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
83. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, inspected the premises known as Hannaford
Supermarket located at 162 Route 22 in Dutchess County, State of New York.
84. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, inspected the parking lot at the premises known as
Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
85. That at all the times hereinafter alleged, and upon information and belief, the
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defendant, HANNAFORD BROS. CO., LLC, was responsible for the maintenance of the premises
known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York.
86. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, was responsible for the maintenance of the parking
lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County,
State of New York.
87. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, was responsible for the snow/ice removal at the
premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of
New York.
88. That at all the times hereinafter alleged, and upon information and belief, the
defendant, HANNAFORD BROS. CO., LLC, was responsible for the snow/ice removal of the
parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess
County, State of New York.
89. That on or about February 13, 2024, the plaintiff, MELISSA GORSKI, was on the
aforesaid premises, specifically in the parking lot.
90. That on or about February 13, 2024, while the plaintiff, MELISSA GORSKI, was
on the aforesaid premises, she was caused to slip and fall.
91. That the aforesaid accident and the injuries resulting therefrom were due solely and
wholly as a result of the careless and negligent manner in that the defendants owned, operated,
maintained, managed, and controlled the aforesaid premises, without the plaintiff in any way
contributing thereto.
92. That the defendants herein were negligent, reckless, and careless in that they violated
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their duties to persons on the aforesaid premises and to this plaintiff in particular, in knowingly
permitting, suffering, and allowing the aforesaid to be, become and remain in a defective, unsafe and
dangerous condition; in failing to properly inspect, remedy and/or remove said snow/ice/slippery
substance from the premises; in permitting and allowing the premises to be, become and remain a
danger, threat, peril and trap to the life and limb of all persons using the aforesaid premises and more
particularly plaintiff herein; in failing to take adequate precautions and measures to prevent said
occurrence; that defendants had actual and/or constructive notice of said condition.
93. That by reason of the foregoing and the negligence of the defendants, the plaintiff,
MELISSA GORSKI, was severely injured, bruised and wounded, suffered, still suffers and will
continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and
disabled and so remained for a considerable length of time.
94. That by reason of the foregoing, the plaintiff, MELISSA GORSKI, was compelled
to and did necessarily require medical aid and attention, and did necessarily pay and become liable
therefore for medicines and upon information and belief, the plaintiff, MELISSA GORSKI, will
necessarily incur similar expenses.
95. That by reason of the foregoing, the plaintiff, MELISSA GORSKI, has been unable
to attend to her usual occupation in the manner required.
96. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules do
apply to the within action.
97. Plaintiff is entitled to damages in the sum which exceeds the sum or value
established by 28 USC § 1332(a) exclusive of interests and costs.
98. That as a result of the foregoing, the plaintiff, MELISSA GORSKI, sustained
damages in an amount which exceeds the monetary jurisdictional limits of any and all lower Courts
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which would otherwise have jurisdiction herein, in an amount to be determined upon trial of this
action.
WHEREFORE, Plaintiff demands the following judgment against the defendants for an
amount which exceeds the jurisdictional limits of all other Courts which would otherwise have
jurisdiction herein, in an amount to be determined upon trial of this action, together with costs and
disbursements of this action, and with interest from the date of the accident. Plaintiff demands a
jury trial.
Dated: New York, New York
May 8, 2024
Yours, etc.
ELEFTERAKIS, ELEFTERAKIS & PANEK
By:
Nicholas Elefterakis, Esq.
Attorneys for Plaintiff
80 Pine Street, 38th Floor
New York, New York 10005
(212)532-1116
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
)
COUNTY OF NEW YORK ) SS:
The undersigned, an attorney admitted to practice in the Courts of the State of New York,
and an associate of the law firm of Elefterakis, Elefterakis, & Panek attorneys of record for the
claimant herein, affirms:
That he has read the attached SUMMONS AND COMPLAINT and the same is true to his
own knowledge, except as to the matters alleged on information and belief, and as to those matters,
he believes them to be true to the best of his knowledge.
That affirmant's sources of information are investigation and files maintained in your
affirmant's law office.
That this verification is made by your affirmant due to the fact that claimant does not
presently reside within the county in which your affirmant maintains his law office, or is presently
outside the county in which your affirmant maintains his law office.
The undersigned affirms that the foregoing statements are true, under penalties of perjury.
Dated: New York, New York
May 8, 2024
__________________________
Nicholas Elefterakis, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
______________________________________________________________________________
MELISSA GORSKI,
Plaintiff,
-against-
NEVILLE COMPANIES, INC., MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, and
HANNAFORD BROS. CO., LLC,
Defendants.
______________________________________________________________________________
ELEFTERAKIS, ELEFTERAKIS & PANEK
80 Pine Street, 38th Floor
New York, New York 10005
212.532.1116
______________________________________________________________________________
Summons and Verified Complaint
______________________________________________________________________________
STATE OF NEW YORK, COUNTY OF NEW YORK, SS:
Nicholas Elefterakis, the undersigned, an attorney admitted to practice in the Courts of New
York State, affirms the following:
I further certify that my signature below acts as a “certification” for the documents attached
hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22
NYCRR).
Dated: New York, New York
May 8, 2024 _________________
Nicholas Elefterakis, Esq.
______________________________________________________________________________
PLEASE TAKE NOTICE
( ) that the within is a (certified) true copy of a Notice of entered in the Office of
the clerk of the within Entry named Court on
( ) that an Order of which the within is a true copy will be presented for
Notice of settlement to the Hon. one of the Judges of the Settlement within named Court, on
, at
______________________________________________________________________________
ELEFTERAKIS, ELEFTERAKIS & PANEK
80 Pine Street, 38th Floor
New York, New York 10005
212.532.1116
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Preview
FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK Date Filed: COUNTY OF DUTCHESS Index No.: ============================X MELISSA GORSKI, SUMMONS Plaintiff, Plaintiff designates Dutchess County -against- as place of trial NEVILLE COMPANIES, INC., The basis of the venue is: MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, Situs of Occurrence and HANNAFORD BROS. CO., LLC, Defendants. ============================X To the above named defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, to, if the complaint is not served with the summons, to serve a notice of appearance, on the plaintiff's attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (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 herein. Dated: New York, New York May 8, 2024 The nature of this action is for injuries sustained as a result of the defendants’ negligence. The relief sought is monetary damages. ELEFTERAKIS, ELEFTERAKIS & PANEK ---------------------------------------------- BY: NICHOLAS ELEFTERAKIS, ESQ. Attorneys for Plaintiff 80 Pine Street, 38th Floor New York, N.Y. 10005 (212) 532-1116 Failure to respond, a judgment will be against you, by default and interest from February 13, 2024. 1 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 Defendants: NEVILLE COMPANIES, INC. 30 Kimball Avenue, Suite 101 South Burlington, VT 05403 NEVILLE COMPANIES, INC. 22 McGrath Highway Somerville, MA 02143 MARTIN’S FOODS OF SOUTH BURLINGTON, LLC C/O Corporation Service Company 80 State Street Albany, NY 12207 MARTIN’S FOODS OF SOUTH BURLINGTON, LLC 253 South Union Street Burlington, VT 04501 HANNAFORD BROS. CO., LLC C/O Corporation Service Company 80 State Street Albany, NY 12207 HANNAFORD BROS. CO., LLC CSC Services of Maine, Inc. 45 Memorial Circle Augusta, ME 04330 2 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK Date Filed: COUNTY OF DUTCHESS Index No.: ============================X MELISSA GORSKI, Plaintiff, VERIFIED COMPLAINT -against- NEVILLE COMPANIES, INC., MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, and HANNAFORD BROS. CO., LLC, Defendants. ============================X Plaintiff, by her attorneys, ELEFTERAKIS, ELEFTERAKIS & PANEK, as and for her Verified Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, MELISSA GORSKI, at all times herein mentioned was a resident of the State of New York. 2. That at all the times hereinafter alleged, and upon information and belief, Defendant, NEVILLE COMPANIES, INC., was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 3. That at all the times hereinafter alleged, and upon information and belief, Defendant, NEVILLE COMPANIES, INC., was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 4. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, NEVILLE COMPANIES, INC., maintained a principal place of business in the State of New York. 5. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, NEVILLE COMPANIES, INC., conducted and carried on business in the State of New 3 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 York. 6. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, NEVILLE COMPANIES, INC., transacted business within the State of New York. 7. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, NEVILLE COMPANIES, INC., derived substantial revenue from goods used or consumed or services rendered in the State of New York. 8. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, NEVILLE COMPANIES, INC., expected or should have reasonably expected its acts to have consequences in the State of New York. 9. That at all the times hereinafter alleged, and upon information and belief, Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 10. That at all the times hereinafter alleged, and upon information and belief, Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 11. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, maintained a principal place of business in the State of New York. 12. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, conducted and carried on business in the State of New York. 13. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, transacted business within 4 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 the State of New York. 14. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, derived substantial revenue from goods used or consumed or services rendered in the State of New York. 15. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, expected or should have reasonably expected its acts to have consequences in the State of New York. 16. That at all the times hereinafter alleged, and upon information and belief, Defendant, HANNAFORD BROS. CO., LLC, was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 17. That at all the times hereinafter alleged, and upon information and belief, Defendant, HANNAFORD BROS. CO., LLC, was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 18. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, HANNAFORD BROS. CO., LLC, maintained a principal place of business in the State of New York. 19. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, HANNAFORD BROS. CO., LLC, conducted and carried on business in the State of New York. 20. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, HANNAFORD BROS. CO., LLC, transacted business within the State of New York. 21. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, HANNAFORD BROS. CO., LLC, derived substantial revenue from goods used or 5 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 consumed or services rendered in the State of New York. 22. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, HANNAFORD BROS. CO., LLC, expected or should have reasonably expected its acts to have consequences in the State of New York. 23. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., owned the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 24. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., owned the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 25. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., was a lessee of the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 26. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., was a lessee of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 27. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., was a lessor of the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 28. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., was a lessor of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 29. That at all the times hereinafter alleged, and upon information and belief, the 6 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 defendant, NEVILLE COMPANIES, INC., managed the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 30. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., managed the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 31. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., maintained the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 32. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., maintained the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 33. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., controlled the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 34. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., controlled the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 35. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., operated the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 36. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., operated the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 7 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 37. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., supervised the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 38. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., supervised the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 39. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., inspected the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 40. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., inspected the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 41. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., was responsible for the maintenance of the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 42. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., was responsible for the maintenance of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 43. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., was responsible for the snow/ice removal at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 8 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 44. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEVILLE COMPANIES, INC., was responsible for the snow/ice removal of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 45. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, owned the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 46. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, owned the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 47. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was a lessee of the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 48. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was a lessee of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 49. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was a lessor of the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 50. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was a lessor of the parking 9 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 51. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, managed the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 52. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, managed the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 53. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, maintained the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 54. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, maintained the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 55. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, controlled the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 56. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, controlled the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 10 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 57. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, operated the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 58. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, operated the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 59. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, supervised the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 60. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, supervised the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 61. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, inspected the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 62. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, inspected the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 63. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was responsible for the 11 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 maintenance of the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 64. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was responsible for the maintenance of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 65. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was responsible for the snow/ice removal at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 66. That at all the times hereinafter alleged, and upon information and belief, the defendant, MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, was responsible for the snow/ice removal of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 67. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, owned the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 68. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, owned the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 69. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, was a lessee of the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 12 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 70. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, was a lessee of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 71. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, was a lessor of the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 72. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, was a lessor of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 73. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, managed the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 74. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, managed the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 75. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, maintained the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 76. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, maintained the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 77. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, controlled the premises known as Hannaford 13 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 Supermarket located at 162 Route 22 in Dutchess County, State of New York. 78. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, controlled the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 79. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, operated the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 80. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, operated the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 81. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, supervised the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 82. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, supervised the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 83. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, inspected the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 84. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, inspected the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 85. That at all the times hereinafter alleged, and upon information and belief, the 14 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 defendant, HANNAFORD BROS. CO., LLC, was responsible for the maintenance of the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 86. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, was responsible for the maintenance of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 87. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, was responsible for the snow/ice removal at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 88. That at all the times hereinafter alleged, and upon information and belief, the defendant, HANNAFORD BROS. CO., LLC, was responsible for the snow/ice removal of the parking lot at the premises known as Hannaford Supermarket located at 162 Route 22 in Dutchess County, State of New York. 89. That on or about February 13, 2024, the plaintiff, MELISSA GORSKI, was on the aforesaid premises, specifically in the parking lot. 90. That on or about February 13, 2024, while the plaintiff, MELISSA GORSKI, was on the aforesaid premises, she was caused to slip and fall. 91. That the aforesaid accident and the injuries resulting therefrom were due solely and wholly as a result of the careless and negligent manner in that the defendants owned, operated, maintained, managed, and controlled the aforesaid premises, without the plaintiff in any way contributing thereto. 92. That the defendants herein were negligent, reckless, and careless in that they violated 15 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 their duties to persons on the aforesaid premises and to this plaintiff in particular, in knowingly permitting, suffering, and allowing the aforesaid to be, become and remain in a defective, unsafe and dangerous condition; in failing to properly inspect, remedy and/or remove said snow/ice/slippery substance from the premises; in permitting and allowing the premises to be, become and remain a danger, threat, peril and trap to the life and limb of all persons using the aforesaid premises and more particularly plaintiff herein; in failing to take adequate precautions and measures to prevent said occurrence; that defendants had actual and/or constructive notice of said condition. 93. That by reason of the foregoing and the negligence of the defendants, the plaintiff, MELISSA GORSKI, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 94. That by reason of the foregoing, the plaintiff, MELISSA GORSKI, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liable therefore for medicines and upon information and belief, the plaintiff, MELISSA GORSKI, will necessarily incur similar expenses. 95. That by reason of the foregoing, the plaintiff, MELISSA GORSKI, has been unable to attend to her usual occupation in the manner required. 96. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules do apply to the within action. 97. Plaintiff is entitled to damages in the sum which exceeds the sum or value established by 28 USC § 1332(a) exclusive of interests and costs. 98. That as a result of the foregoing, the plaintiff, MELISSA GORSKI, sustained damages in an amount which exceeds the monetary jurisdictional limits of any and all lower Courts 16 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 which would otherwise have jurisdiction herein, in an amount to be determined upon trial of this action. WHEREFORE, Plaintiff demands the following judgment against the defendants for an amount which exceeds the jurisdictional limits of all other Courts which would otherwise have jurisdiction herein, in an amount to be determined upon trial of this action, together with costs and disbursements of this action, and with interest from the date of the accident. Plaintiff demands a jury trial. Dated: New York, New York May 8, 2024 Yours, etc. ELEFTERAKIS, ELEFTERAKIS & PANEK By: Nicholas Elefterakis, Esq. Attorneys for Plaintiff 80 Pine Street, 38th Floor New York, New York 10005 (212)532-1116 17 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) COUNTY OF NEW YORK ) SS: The undersigned, an attorney admitted to practice in the Courts of the State of New York, and an associate of the law firm of Elefterakis, Elefterakis, & Panek attorneys of record for the claimant herein, affirms: That he has read the attached SUMMONS AND COMPLAINT and the same is true to his own knowledge, except as to the matters alleged on information and belief, and as to those matters, he believes them to be true to the best of his knowledge. That affirmant's sources of information are investigation and files maintained in your affirmant's law office. That this verification is made by your affirmant due to the fact that claimant does not presently reside within the county in which your affirmant maintains his law office, or is presently outside the county in which your affirmant maintains his law office. The undersigned affirms that the foregoing statements are true, under penalties of perjury. Dated: New York, New York May 8, 2024 __________________________ Nicholas Elefterakis, Esq. 18 of 19 FILED: DUTCHESS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 2024-51906 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ______________________________________________________________________________ MELISSA GORSKI, Plaintiff, -against- NEVILLE COMPANIES, INC., MARTIN’S FOODS OF SOUTH BURLINGTON, LLC, and HANNAFORD BROS. CO., LLC, Defendants. ______________________________________________________________________________ ELEFTERAKIS, ELEFTERAKIS & PANEK 80 Pine Street, 38th Floor New York, New York 10005 212.532.1116 ______________________________________________________________________________ Summons and Verified Complaint ______________________________________________________________________________ STATE OF NEW YORK, COUNTY OF NEW YORK, SS: Nicholas Elefterakis, the undersigned, an attorney admitted to practice in the Courts of New York State, affirms the following: I further certify that my signature below acts as a “certification” for the documents attached hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR). Dated: New York, New York May 8, 2024 _________________ Nicholas Elefterakis, Esq. ______________________________________________________________________________ PLEASE TAKE NOTICE ( ) that the within is a (certified) true copy of a Notice of entered in the Office of the clerk of the within Entry named Court on ( ) that an Order of which the within is a true copy will be presented for Notice of settlement to the Hon. one of the Judges of the Settlement within named Court, on , at ______________________________________________________________________________ ELEFTERAKIS, ELEFTERAKIS & PANEK 80 Pine Street, 38th Floor New York, New York 10005 212.532.1116 19 of 19