Preview
FILED: BRONX COUNTY CLERK 05/06/2024 05:09 PM INDEX NO. 807555/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX Index No.:
------------------------------------X Date Filed:
IVAR CHINGA, SUMMONS
Plaintiff, Plaintiff designates
Bronx County as the
-against- Place of trial
31-18 BROADWAY CORP. and EFELLE
ASSOCIATES INC., Basis of Venue:
Plaintiff's Residence
Defendants.
____________________________________Ç
To the above named Defendants:
YOU ARE HEREBY SUMMONED to appear in this action by serving
a notice of appearance on plaintiff's attorneys within 20 days
after service of this summons, exclusive of the day of service,
or within 30 days after service is complete if this summons is
not personally delivered to you within the State of New York. In
case of your failure to answer, Judgment will be taken against
you by default for the relief demanded in the Complaint.
Dated: New York, New York
May 6, 2024
THE SULLIVAN LA FIRM
By:
Timothy M. Sullivan, Esq.
Attorneys for Plaintiff
217 Broadway, Suite 500
New York, New York 10007
(212) 566-8860
TO: 31-18 BROADWAY CORP.
(Via Secretary of State)
EFELLE ASSOCIATES INC.
(Via Secretary of State)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
--------------------------__________Ç
IVAR CHINGA,
Index No.
Plaintiff,
VERIFIED COMPLAINT
-against-
31-18 BROADWAY CORP. and EFELLE
ASSOCIATES INC.,
Defendants.
________---__--_________--__________Ç
Plaintiff, by his attorney, TIMOTHY M. SULLIVAN, ESQ.,
complaining of defendant, respectfully alleges, upon information
and belief, as follows: .
1. At the time of the commencement of this action,
Plaintiff was and still is a resident of the State of New York,
County of Bronx.
2. The cause of action herein alleged arose in the State
of New York, County of Queens.
3. That this action falls within one or more of the
exemptions set forth in CPLR §1602.
4. That at all times hereinafter Defendant 31-
mentioned,
18 BROADWAY CORP. was and still is a domestic corporation
organized and existing under and by virtue of the laws of the
State of New York.
5. That at all times hereinafter mentioned, Defendant
EFELLE ASSOCIATES INC. was and still is a domestic corporation
organized and existing under and by virtue of the laws of the
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State of New York.
6. That at all times herein mentioned, Defendant 31-18
BROADWAY CORP. was and still is a business organization
authorized to conduct business in the State of New York.
7. That at all times herein mentioned, Defendant EFELLE
ASSOCIATES INC. was and still is a business organization
authorized to conduct business in the State of New York.
8. That at all times herein mentioned, Defendant 31-18
BROADWAY CORP. was and still is a foreign corporation authorized
to conduct business in the State of New York.
9. That at all times herein mentioned, Defendant EFELLE
ASSOCIATES INC. was and still is a foreign corporation authorized
to conduct business in the State of New York.
10. That at all times herein mentioned, Defendant 31-18
BROADWAY CORP. was and still is the owner of the premises located
at 31-18 Broadway, Queens County, New York.
11. That at all times herein mentioned, Defendant EFELLE
ASSOCIATES INC. was and still is the owner of the premises
located at 31-18 Broadway, Queens County, New York.
12. That at all times herein mentioned, Defendant 31-18
BROADWAY CORP. was and still is the lessee of the premises
located at 31-18 Broadway, Queens County, New York.
13. That all times herein mentioned, Defendant 31-18
BROADWAY CORP. maintained the premises located at 31-18 Broadway,
Queens County, New York on April 26, 2023.
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14. That all times herein mentioned, Defendant EFELLE
ASSOCIATES INC. maintained the premises located at 31-18
Broadway, Queens County, New York on April 26, 2023.
15. That all times herein mentioned, Defendant 31-18
BROADWAY CORP. managed the premises located at 31-18 Broadway,
Queens County, New York on April 26, 2023.
16. That all times herein mentioned, Defendant EFELLE
ASSOCIATES INC. managed the premises located at 31-18 Broadway,
Queens County, New York on April 26, 2023.
17. That at all times herein mentioned, Defendant 31-18
BROADWAY CORP. controlled the premises located at 31-18 Broadway,
Queens County, New York on April 26, 2023.
18. That at all times herein mentioned, Defendant EFELLE
ASSOCIATES INC. controlled the premises located at 31-18
Broadway, Queens County, New York on April 26, 2023.
19. That on or about April 26, 2023, plaintiff was lawfully
on the aforesaid premises, known as, 31-18 Broadway, Queens
County, New York.
20. That on or about April 26, 2023, plaintiff was lawfully
on the aforesaid premises with the knowledge, permission and
consent of the owner or owners.
21. That on or about April 26, 2023, while plaintiff was
lawfully on the aforesaid premises, plaintiff was caused to be
Defendants'
injured on premises resulting in severe and permanent
injuries.
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22. The above mentioned occurrence and the results thereof
were caused by the joint, several and concurrent negligence of
the defendants and/or said defendant's servants, agents,
employees and/or licensees in the operation, management,
maintenance and control of the aforesaid premises in causing,
allowing and permitting said premises at the place above
mentioned to be, become and remain for a period of time after
notice, either actual or constructive, in a dangerous and/or
hazardous condition; in causing, allowing and permitting a trap
to exist at said location; in failing to maintain the aforesaid
premises in a reasonably safe and proper condition; in causing,
allowing and permitting an obstruction to plaintiff's safe
passage at said location; in failing to provide plaintiff with
safe and proper ingress and egress on the premises; in causing,
allowing and permitting the existence of a slippery and debris
strewn on the premises to interfere with and prevent plaintiff's
safe passage; in causing, allowing and permitting the existence
of a condition which constituted a trap, nuisance, menace and
danger to persons lawfully on said premises; in failing to have
taken necessary steps and measures to have prevented the above
mentioned location from being used while in said dangerous
condition; in failing to give plaintiff adequate and timely
signal, notice or warning of said condition; in negligently and
carelessly causing and permitting the above said premises to be
and remain in said condition for an unreasonably length of time,
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resulting in a hazard to the plaintiff and others; in failing to
take suitable and proper precautions for the safety of persons on
and using said premises; and in being otherwise negligent,
careless and reckless in the occurrence.
23. That no negligence on the part of the plaintiff
contributed to the occurrence alleged herein in any manner
whatsoever.
24. That because of the above stated premises, plaintiff
was caused to sustain serious injuries and to have suffered pain,
shock, mental anguish; that these injuries and their effects will
be permanent; as a result of said injuries plaintiff was caused
and will continue to be caused to incur expenses for medical care
and attention; and plaintiff was and will continue to be rendered
unable to perform plaintiff's normal activities and duties and
has sustained a resultant loss therefrom.
25. That as a result of the foregoing, plaintiff was
damaged in a sum exceeding all jurisdictional limits of all lower
court.
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WHEREFORE, plaintiff demands judgment against the
defendants together with the interest, costs and disbursements of
this action.
Dated: New York, New York
May 6, 2024
THE SULLIVAN LAW FIRM
By:
Ti thy M. Sullivan, Esq.
Attorneys for Plaintiffs
217 Broadway, Suite 500
New York, New York 10007
(212) 566-8860
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) SS:
COUNTY OF NEW YORK )
I, the undersigned, an attorney duly admitted to practice
law in the Courts of New York, state under the penalty of perjury
that I am the attorney for plaintiff in the action herein, I have
read the annexed
SUMMONS AND VERIFIED COMPLAINT
and know the contents thereof, and the same are true to my
knowledge, except those matters therein which are stated to be
alleged upon information and belief, and as to those matters, I
believe them to be true. My believe as to those matters therein
not stated upon knowledge, is based upon facts, records, and
other pertinent information contained in my files. The reason
this verification is made by me and not by my client is that my
client does not presently reside in the County where I maintain
my offices.
Dated: New York, New York
May 6, 2024
TIMOTHY M. SULLIVAN
,
Chinga, Ivar S&C.wpd
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Preview
FILED: BRONX COUNTY CLERK 05/06/2024 05:09 PM INDEX NO. 807555/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No.: ------------------------------------X Date Filed: IVAR CHINGA, SUMMONS Plaintiff, Plaintiff designates Bronx County as the -against- Place of trial 31-18 BROADWAY CORP. and EFELLE ASSOCIATES INC., Basis of Venue: Plaintiff's Residence Defendants. ____________________________________Ç To the above named Defendants: YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on plaintiff's attorneys within 20 days after service of this summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken against you by default for the relief demanded in the Complaint. Dated: New York, New York May 6, 2024 THE SULLIVAN LA FIRM By: Timothy M. Sullivan, Esq. Attorneys for Plaintiff 217 Broadway, Suite 500 New York, New York 10007 (212) 566-8860 TO: 31-18 BROADWAY CORP. (Via Secretary of State) EFELLE ASSOCIATES INC. (Via Secretary of State) 1 of 8 FILED: BRONX COUNTY CLERK 05/06/2024 05:09 PM INDEX NO. 807555/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX --------------------------__________Ç IVAR CHINGA, Index No. Plaintiff, VERIFIED COMPLAINT -against- 31-18 BROADWAY CORP. and EFELLE ASSOCIATES INC., Defendants. ________---__--_________--__________Ç Plaintiff, by his attorney, TIMOTHY M. SULLIVAN, ESQ., complaining of defendant, respectfully alleges, upon information and belief, as follows: . 1. At the time of the commencement of this action, Plaintiff was and still is a resident of the State of New York, County of Bronx. 2. The cause of action herein alleged arose in the State of New York, County of Queens. 3. That this action falls within one or more of the exemptions set forth in CPLR §1602. 4. That at all times hereinafter Defendant 31- mentioned, 18 BROADWAY CORP. was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 5. That at all times hereinafter mentioned, Defendant EFELLE ASSOCIATES INC. was and still is a domestic corporation organized and existing under and by virtue of the laws of the 2 of 8 FILED: BRONX COUNTY CLERK 05/06/2024 05:09 PM INDEX NO. 807555/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 State of New York. 6. That at all times herein mentioned, Defendant 31-18 BROADWAY CORP. was and still is a business organization authorized to conduct business in the State of New York. 7. That at all times herein mentioned, Defendant EFELLE ASSOCIATES INC. was and still is a business organization authorized to conduct business in the State of New York. 8. That at all times herein mentioned, Defendant 31-18 BROADWAY CORP. was and still is a foreign corporation authorized to conduct business in the State of New York. 9. That at all times herein mentioned, Defendant EFELLE ASSOCIATES INC. was and still is a foreign corporation authorized to conduct business in the State of New York. 10. That at all times herein mentioned, Defendant 31-18 BROADWAY CORP. was and still is the owner of the premises located at 31-18 Broadway, Queens County, New York. 11. That at all times herein mentioned, Defendant EFELLE ASSOCIATES INC. was and still is the owner of the premises located at 31-18 Broadway, Queens County, New York. 12. That at all times herein mentioned, Defendant 31-18 BROADWAY CORP. was and still is the lessee of the premises located at 31-18 Broadway, Queens County, New York. 13. That all times herein mentioned, Defendant 31-18 BROADWAY CORP. maintained the premises located at 31-18 Broadway, Queens County, New York on April 26, 2023. 3 of 8 FILED: BRONX COUNTY CLERK 05/06/2024 05:09 PM INDEX NO. 807555/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 14. That all times herein mentioned, Defendant EFELLE ASSOCIATES INC. maintained the premises located at 31-18 Broadway, Queens County, New York on April 26, 2023. 15. That all times herein mentioned, Defendant 31-18 BROADWAY CORP. managed the premises located at 31-18 Broadway, Queens County, New York on April 26, 2023. 16. That all times herein mentioned, Defendant EFELLE ASSOCIATES INC. managed the premises located at 31-18 Broadway, Queens County, New York on April 26, 2023. 17. That at all times herein mentioned, Defendant 31-18 BROADWAY CORP. controlled the premises located at 31-18 Broadway, Queens County, New York on April 26, 2023. 18. That at all times herein mentioned, Defendant EFELLE ASSOCIATES INC. controlled the premises located at 31-18 Broadway, Queens County, New York on April 26, 2023. 19. That on or about April 26, 2023, plaintiff was lawfully on the aforesaid premises, known as, 31-18 Broadway, Queens County, New York. 20. That on or about April 26, 2023, plaintiff was lawfully on the aforesaid premises with the knowledge, permission and consent of the owner or owners. 21. That on or about April 26, 2023, while plaintiff was lawfully on the aforesaid premises, plaintiff was caused to be Defendants' injured on premises resulting in severe and permanent injuries. 4 of 8 FILED: BRONX COUNTY CLERK 05/06/2024 05:09 PM INDEX NO. 807555/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 22. The above mentioned occurrence and the results thereof were caused by the joint, several and concurrent negligence of the defendants and/or said defendant's servants, agents, employees and/or licensees in the operation, management, maintenance and control of the aforesaid premises in causing, allowing and permitting said premises at the place above mentioned to be, become and remain for a period of time after notice, either actual or constructive, in a dangerous and/or hazardous condition; in causing, allowing and permitting a trap to exist at said location; in failing to maintain the aforesaid premises in a reasonably safe and proper condition; in causing, allowing and permitting an obstruction to plaintiff's safe passage at said location; in failing to provide plaintiff with safe and proper ingress and egress on the premises; in causing, allowing and permitting the existence of a slippery and debris strewn on the premises to interfere with and prevent plaintiff's safe passage; in causing, allowing and permitting the existence of a condition which constituted a trap, nuisance, menace and danger to persons lawfully on said premises; in failing to have taken necessary steps and measures to have prevented the above mentioned location from being used while in said dangerous condition; in failing to give plaintiff adequate and timely signal, notice or warning of said condition; in negligently and carelessly causing and permitting the above said premises to be and remain in said condition for an unreasonably length of time, 5 of 8 FILED: BRONX COUNTY CLERK 05/06/2024 05:09 PM INDEX NO. 807555/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 resulting in a hazard to the plaintiff and others; in failing to take suitable and proper precautions for the safety of persons on and using said premises; and in being otherwise negligent, careless and reckless in the occurrence. 23. That no negligence on the part of the plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 24. That because of the above stated premises, plaintiff was caused to sustain serious injuries and to have suffered pain, shock, mental anguish; that these injuries and their effects will be permanent; as a result of said injuries plaintiff was caused and will continue to be caused to incur expenses for medical care and attention; and plaintiff was and will continue to be rendered unable to perform plaintiff's normal activities and duties and has sustained a resultant loss therefrom. 25. That as a result of the foregoing, plaintiff was damaged in a sum exceeding all jurisdictional limits of all lower court. 6 of 8 FILED: BRONX COUNTY CLERK 05/06/2024 05:09 PM INDEX NO. 807555/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 WHEREFORE, plaintiff demands judgment against the defendants together with the interest, costs and disbursements of this action. Dated: New York, New York May 6, 2024 THE SULLIVAN LAW FIRM By: Ti thy M. Sullivan, Esq. Attorneys for Plaintiffs 217 Broadway, Suite 500 New York, New York 10007 (212) 566-8860 7 of 8 FILED: BRONX COUNTY CLERK 05/06/2024 05:09 PM INDEX NO. 807555/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) SS: COUNTY OF NEW YORK ) I, the undersigned, an attorney duly admitted to practice law in the Courts of New York, state under the penalty of perjury that I am the attorney for plaintiff in the action herein, I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters, I believe them to be true. My believe as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this verification is made by me and not by my client is that my client does not presently reside in the County where I maintain my offices. Dated: New York, New York May 6, 2024 TIMOTHY M. SULLIVAN , Chinga, Ivar S&C.wpd 8 of 8