FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`Index No.:
`Date of Purchase:
`
`SUMMONS
`Plaintiff designates
`NEW YORK
`County as the place of trial
`
`The basis of the venue is:
`Situs of Occurrence
`
`County of NEW YORK
`
`
`
`
`File #: 34494
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`= = = = = = = = = = = = = = = = = = = = = = = = = = =X
`BRIAN ZAMPELLA,
`
` Plaintiff,
`
` -against-
`
`CONSOLIDATED EDISON COMPANY OF NEW
`YORK INC. NEW YORK CITY DEPARTMENT OF
`TRANSPORTATION AND THE CITY OF NEW
`YORK,
`
` Defendants.
`= = = = = = = = = = = = = = = = = = = = = = = = = = =X
`To the abovenamed defendant(s):
`
`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
`
`a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
`appearance on the Plaintiff's Attorneys within 20 days after the service of this summons exclusive
`of the day of service (or within 30 days after the service is complete if this summons is not
`personally delivered to you within the State of New York); and in case of your failure to appear or
`answer, judgment will be taken against you by default for the relief demanded herein.
`
`Dated: New York, New York
`
`September 8, 2022
`
`
`
`
`
`PETER MAY, ESQ.
`SUBIN ASSOCIATES LLP
`Attorneys for Plaintiff
`Address and Telephone Number
`150 Broadway – 23rd Fl
`New York, New York 10038
`(212) 285-3800
`FILE NO.: 34494
`
`Defendants Address:
`
`Consolidated Edison Company of New York Inc.
`4 Irving Place
`New York, 10003
`
`
`[SEE RIDER FOR ADDITIONAL DEFENDANTS]
`
`1 of 12
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`NYSCEF DOC. NO. 1
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`INDEX NO. 157740/2022
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`RECEIVED NYSCEF: 09/12/2022
`
`Index No.:
`Date of Purchase:
`
`SUMMONS
`Plaintiff designates
`NEW YORK
`County as the place of trial
`
`The basis of the venue is:
`Situs of Occurrence
`
`County of NEW YORK
`
`
`
`
`File #: 34494
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`= = = = = = = = = = = = = = = = = = = = = = = = = = =X
`BRIAN ZAMPELLA,
`
` Plaintiff,
`
` -against-
`
`CONSOLIDATED EDISON COMPANY OF NEW
`YORK INC. NEW YORK CITY DEPARTMENT OF
`TRANSPORTATION AND THE CITY OF NEW
`YORK,
`
` Defendants.
`= = = = = = = = = = = = = = = = = = = = = = = = = = =X
`To the abovenamed defendant(s):
`
`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
`
`a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
`appearance on the Plaintiff's Attorneys within 20 days after the service of this summons exclusive
`of the day of service (or within 30 days after the service is complete if this summons is not
`personally delivered to you within the State of New York); and in case of your failure to appear or
`answer, judgment will be taken against you by default for the relief demanded herein.
`
`Dated: New York, New York
`
`September 8, 2022
`
`
`
`
`
`PETER MAY, ESQ.
`SUBIN ASSOCIATES LLP
`Attorneys for Plaintiff
`Address and Telephone Number
`150 Broadway – 23rd Fl
`New York, New York 10038
`(212) 285-3800
`FILE NO.: 34494
`
`Defendants Address:
`
`Consolidated Edison Company of New York Inc.
`4 Irving Place
`New York, 10003
`
`
`[SEE RIDER FOR ADDITIONAL DEFENDANTS]
`
`1 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`RIDER
`
`New York City Department of Transportation
`100 Church Street
`New York, NY 10007
`
`The City of New York
`100 Church Street
`New York, NY 10007
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`
`
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`2 of 12
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`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`FILE #: 34494
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`--------------------------------------------------------------------X
`BRIAN ZAMPELLA,
`
`
`
`
`
`VERIFIED COMPLAINT
`
`
`
`
`
`
`
`
`
` Plaintiff,
`
`
` -against-
`
`
`CONSOLIDATED EDISON COMPANY OF NEW YORK
`INC. NEW YORK CITY DEPARTMENT OF
`TRANSPORTATION AND THE CITY OF NEW YORK,
`
`
` Defendants.
`--------------------------------------------------------------------X
`
`
`
`Plaintiff BRIAN ZAMPELLA, by his attorneys SUBIN ASSOCIATES LLP as and for
`
`a cause of action alleges, upon information and belief, as follows:
`
`AS AND FOR A FIRST CAUSE OF ACTION
` ON BEHALF OF PLAINTIFF BRIAN ZAMPELLA
`AGAINST THE DEFENDANT CONSOLIDATED
`EDISON COMPANY OF NEW YORK INC.
`
`1. That at all the times herein mentioned, and more particularly 11/28/2021, 53rd Street and
`
`First Avenue were and still are roadways in the Borough of Manhattan , County of New
`
`York, City and State of New York which included crosswalks thereat.
`
`2. That said crosswalks were public thoroughfares along and over which the public at large
`
`had a right to walk.
`
`3. That at all the times herein mentioned, the defendant CONSOLIDATED EDISON
`
`COMPANY OF NEW YORK INC, hereinafter to as “CON ED,” was and still is a
`
`corporation doing business in the State of New York.
`
`4. That at all the times herein mentioned, the defendant CON ED, its agents, servants and/or
`
`3 of 12
`
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`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`employees, operated the roadway including the crosswalks located at the intersection of
`
`53rd Street and First Avenue, New York, New York.
`
`5. That at all the times herein mentioned, the defendant CON ED, its agents, servants and/or
`
`employees, maintained the aforementioned roadway including the crosswalks.
`
`6. That at all the times herein mentioned, the defendant CON ED, its agents, servants and/or
`
`employees, managed the aforementioned roadway including the crosswalks.
`
`7. That at all the times herein mentioned, the defendant CON ED, its agents, servants and/or
`
`employees, controlled the aforementioned roadway including the crosswalks.
`
`8. That for a period of time prior to 11/28/2021, the defendant, CON ED its agents, servants
`
`and/or employees served as a sub-contractor with regard to the performance of certain
`
`construction work, labor and/or services with reference to the aforesaid roadway and
`
`crosswalks.
`
`9. That prior to 11/28/2021, an agreement existed relative to certain work, labor and/or
`
`service to be performed by the defendants CON ED and/or its agents, servants and/or
`
`employees with reference to the aforesaid roadway and crosswalks.
`
`10. That at all the times herein mentioned, the aforesaid construction work included the
`
`erection, demolition, repair, alteration, renovation and/or other work upon and located at
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`defendants' aforementioned premises.
`
`11. That at all the times herein mentioned, it was the duty of the defendant their/its agents,
`
`servants and/or employees, to keep and maintain said crosswalks in a reasonable state of
`
`repair and good and safe condition, and not to suffer and permit said premises to become
`
`unsafe and dangerous to pedestrians and/or customers.
`
`12. That on or about 11/28/2021, while plaintiff was lawfully walking on the aforementioned
`
`4 of 12
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`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`crosswalks, plaintiff Brian Zampella was caused to fall and sustain multiple injuries by
`
`reason of the negligence, carelessness and want of proper care of the defendants, their/its
`
`agents, servants and/or employees.
`
`13. That the said incident and resulting injuries to the plaintiff were caused through no fault
`
`of his own but were solely and wholly by reason of the negligence of the defendants,
`
`their agents, servants and/or employees, in that the defendants suffered, caused and/or
`
`permitted and/or allowed portions of said crosswalks, to be, become and remain in a
`
`dangerous, defective, hazardous, unsafe, broken, cracked, uneven, holey, chipped,
`
`depressed raised, unsmooth, loose condition and was negligently and/or improperly
`
`maintained, and same was otherwise so dangerous, hazardous, and/or unsuitable for use
`
`by persons lawfully upon the crosswalks constituting a nuisance and a trap, and
`
`permitting same to be and remain in such a dangerous and defective condition for a long
`
`period and/or unreasonable period of time; in improperly causing, suffering, permitting
`
`and/or allowing improper construction of said crosswalks and in failing to properly
`
`maintaining said crosswalks, in permitting and allowing defective repairs on said
`
`crosswalks, in failing to apprise and/or warn the public and in particular the plaintiff of
`
`the aforementioned conditions; in failing to place signs, barricades, warnings and/or other
`
`devices to apprise persons of the dangerous, unsafe condition thereat; in generally
`
`maintaining said crosswalks in such a dangerous defective and/or unsafe condition so as
`
`to cause the incident herein complained of; in creating and maintaining a menace, hazard,
`
`nuisance and trap thereat; in failing to comply with the laws, statutes, ordinances and
`
`regulations made and provided therefor. Plaintiff further relies on the doctrine of Res
`
`Ipsa Loquitur.
`
`5 of 12
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`
`
`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`14. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and
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`permanent injuries, has been and will be caused great bodily injuries and pain, shock,
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`mental anguish; has been and is informed and verily believes maybe permanently injured;
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`has and will be prevented from attending to usual duties; has incurred and will incur great
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`expense for medical care and attention; in all to plaintiff's damage in an amount which
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`exceeds the jurisdictional limits of all lower courts which would otherwise have
`
`jurisdiction and which warrants the jurisdiction of this Court.
`
`
`
`15. Due to the abovesaid, plaintiff is entitled to damages in the sum which exceeds the sum
`
`or value established by 28 USC §1332(a) exclusive of interest and costs.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`ACTION ON BEHALF OF BRIAN ZAMPELLA
`AGAINST THE DEFENDANTS NEW YORK CITY DEPARTMENT
`OF TRANSPORTATION AND THE CITY OF NEW YORK
`
`16. Plaintiff repeats and realleges each and every allegation of the preceding cause of action
`
`as if fully set forth herein at length.
`
`17. That at all the times herein mentioned the defendant NEW YORK CITY DEPARTMENT OF
`
`TRANSPORTATION, hereinafter referred to as "NYCDOT", was and still is a public benefit
`
`corporation, duly organized and existing under and by virtue of the laws of the State of New
`
`York.
`
`18. That notice of plaintiff's claim and notice of intention to sue and of the time when and the place
`
`where the injuries alleged herein were incurred and sustained was duly filed by the plaintiff with
`
`the Legal Department of the defendant NYCDOT within 90 days after the cause of action herein
`
`accrued.
`
`19. That pursuant to notice given by the defendant NYCDOT, a hearing was held.
`
`20. That more than 30 days have elapsed since the demand for claim upon which this action was
`
`founded was presented to the Legal Department of the defendant NYCDOT, for adjustment and
`
`6 of 12
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`
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`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`that he has neglected and refused to make adjustment or payment thereof for said period of 30
`
`days after such presentation, and that this action is commenced within one year and ninety days
`
`after the cause of action accrued.
`
`
`
`21. That at all the times herein mentioned the defendant THE CITY OF NEW YORK, was
`
`and still is a municipal corporation, duly organized and existing under and by virtue of
`
`the laws of the State of New York.
`
`22. That notice of plaintiffs' claim and notice of intention to sue and of the time when and the
`
`place where the injuries alleged herein were incurred and sustained was duly filed by the
`
`plaintiffs with the Corporation Counsel of the defendant CITY and with the Comptroller
`
`of the defendant CITY within 90 days after the cause of action herein accrued.
`
`23. That pursuant to notice given by the defendant CITY a hearing was held.
`
`24. That prior to the commencement of this action all of the requirements and conditions
`
`precedent established in Section 394 (a)-1.0, Volume 2A, Chapter 16 of the
`
`Administrative Code of the City of New York have been met or are not required.
`
`25. That more than 30 days have elapsed since the demand for claim upon which this action
`
`was founded was presented to the Comptroller of the defendant CITY for adjustment and
`
`that he has neglected and refused to make adjustment or payment thereof for said period
`
`of 30 days after such presentation, and that this action is commenced within one year and
`
`ninety days after the cause of action accrued.
`
`26. That at all the times herein mentioned, and more particularly 11/28/2021, 53rd Street and
`
`First Avenue were and still are roadways in the Borough of Manhattan, County of New
`
`York, City and State of New York which included crosswalks thereat.
`
`27. That said crosswalks were public thoroughfares along and over which the public at large
`
`7 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`had a right to walk.
`
`28. That at all the times herein mentioned, the defendant NYCDOT, its agents, servants
`
`and/or employees, operated the roadway and crosswalks located at the intersection of
`
`53rd Street and First Avenue, New York, New York.
`
`29. That at all the times herein mentioned, the defendant NYCDOT, its agents, servants
`
`and/or employees, maintained the aforementioned roadway and crosswalks.
`
`30. That at all the times herein mentioned, the defendant NYCDOT, its agents, servants
`
`and/or employees, managed the aforementioned roadway and crosswalks.
`
`31. That at all the times herein mentioned, the defendant NYCDOT, its agents, servants
`
`and/or employees, controlled the aforementioned roadway and crosswalks.
`
`32. That at all times hereinafter mentioned, and upon information and belief, the
`
`defendant CITY, was the owner of the aforementioned roadway and crosswalks.
`
`33. That at all the times herein mentioned, the defendant CITY, its
`
`agents, servants and/or employees, operated the aforementioned roadway and crosswalks.
`
`34. That at all the times herein mentioned, the defendant CITY, its agents, servants and/or
`
`employees, maintained the aforementioned roadway and crosswalks.
`
`35. That at all the times herein mentioned, the defendant CITY, its agents, servants and/or
`
`employees, managed the aforementioned roadway and crosswalks.
`
`36. That at all the times herein mentioned, the defendant CITY, its agents, servants and/or
`
`employees, controlled the aforementioned roadway and crosswalks.
`
`37. That at all the times herein mentioned, it was the duty of the defendant, its agents,
`
`servants and/or employees, to keep and maintain said crosswalks.
`
`38. That on or about 11/28/2021, while plaintiff was lawfully walking in the aforementioned
`
`8 of 12
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`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`crosswalks, plaintiff BRIAN ZAMPELLA was precipitated and caused to fall and sustain
`
`multiple injuries by reason of the negligence, carelessness and want of proper care of the
`
`defendant, its agents, servants and/or employees,.
`
`39. That the said incident and resulting injuries to the plaintiff were caused through no fault
`
`of his own but were solely and wholly caused by reason of the negligence of the
`
`defendants, their agents, servants and/or employees, in that the defendants suffered,
`
`caused and/or permitted and/or allowed portions of said crosswalks, to be, become and
`
`remain in a dangerous, defective, hazardous, unsafe, broken, cracked, uneven, holey,
`
`chipped, depressed, raised, unsmooth, loose condition and was negligently and/or
`
`improperly maintained, and same was otherwise so dangerous, hazardous, and/or
`
`unsuitable for use by persons lawfully upon the crosswalks constituting a nuisance and a
`
`trap, and permitting same to be and remain in such a dangerous and defective condition
`
`for a long period and/or unreasonable period of time; in improperly causing, suffering,
`
`permitting and/or allowing improper construction of said crosswalks and in failing to
`
`properly maintaining said crosswalks, in permitting and allowing defective repairs on
`
`said crosswalks, in failing to apprise and/or warn the public and in particular the plaintiff
`
`of the aforementioned conditions; in failing to place signs, barricades, warnings and/or
`
`other devices to apprise persons of the dangerous, unsafe condition thereat; in generally
`
`maintaining said crosswalks in such a dangerous defective and/or unsafe condition so as
`
`to cause the incident herein complained of; in creating and maintaining a menace, hazard,
`
`nuisance and trap thereat; in failing to comply with the laws, statutes, ordinances and
`
`regulations made and provided therefor. Plaintiff further relies on the doctrine of Res Ipsa
`
`Loquitur
`
`9 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`40. That this action falls within one or more of the exceptions set forth in CPLR 1602.
`
`41. Due to the abovesaid, plaintiff is entitled to damages in the sum which exceeds the sum
`
`or value established by 28 USC §1332(a) exclusive of interest and costs.
`
`
`
`WHEREFORE, the plaintiff demands judgment against the defendant in the FIRST cause
`
`of action in amounts which exceed the monetary jurisdictional limits of any and all lower Courts
`
`which would otherwise have jurisdiction herein, in amounts to be determined upon the trial of
`
`this action; plaintiff demands judgment against the defendant in the SECOND cause of action in
`
`amounts which exceed the monetary jurisdictional limits of any and all lower Courts which
`
`would otherwise have jurisdiction herein, in amounts to be determined upon the trial of this
`
`action, together with the costs and disbursements of this action, and with interest from the date of
`
`this accident.
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`DATED: New York, New York
`
` September 8, 2022
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`Yours, etc.
`
`_____________________________
`PETER MAY, ESQ.
`SUBIN ASSOCIATES, LLP
`Attorneys for Plaintiffs
`150 Broadway
`New York, New York 10038
`(212) 285-3800
`
`10 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`STATE OF NEW YORK
`
`)
`
`) ss.:
`
`
`
`
`COUNTY OF NEW YORK )
`
`I, the undersigned, an attorney admitted to practice in the courts of New York State, state under
`
`penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have read
`
`the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is true
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`to my own knowledge, except as to the matters therein stated to be alleged on information and
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`belief, and as to those matters I believe to be true. The reason this verification is made by me and
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`not by my client(s), is that my client(s) are not presently in the County where I maintain my offices.
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`The grounds of my belief as to all matters not stated upon my own knowledge are the materials in
`
`my file and the investigations conducted by my office.
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`Dated: New York, New York
`
`September 8, 2022
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`
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`
`
`__________________________
`PETER MAY, ESQ.
`
`
`
`
`
`11 of 12
`
`
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`FILED: NEW YORK COUNTY CLERK 09/12/2022 08:36 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 157740/2022
`
`RECEIVED NYSCEF: 09/12/2022
`
`Index No:
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`= = = = = = = = = = = = = = = = = = = = = = = = = = = == = =
`
`BRIAN ZAMPELLA,
`
`
`
` Plaintiff,
`
`
`
` -against-
`
`
`
`CONSOLIDATED EDISON COMPANY OF NEW YORK
`INC. NEW YORK CITY DEPARTMENT OF
`TRANSPORTATION AND THE CITY OF NEW YORK,
`
`
`
` Defendants.
`
`= = = = = = = = = = = = = = = = = = = = = = = = = = = == = =
`
`SUMMONS AND VERIFIED COMPLAINT
`
`= = = = = = = = = = = = = = = = = = = = = = = = = = = == = =
`
`SUBIN ASSOCIATES LLP
`Attorneys for Plaintiff
`Office and Post Office Address, Telephone
`150 Broadway – 23rd Fl
`New York, New York 10038
`(212) 285-3800
`File No.: 34494
`
`
`
`
`
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`12 of 12
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`
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