FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`
`INDEX NO. 712926/2016
`INDEX NO~ ”2926/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/30/2017
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`7PM@3313.
`
`
`
`A3: .1111 33:5 31:112£\111 the: Empicime {313.113 u?
`11:: 31111::
`:11‘ 21:1 11111., 11:11:
`111 11m! 111
`13..»
`113111131! 133 (1131.151: 111 131:; Cuafihamgg 3111.311113
`123 3333 3! 911.3113le 33113-, 1:111:11L11. N51." 1:113
`1:11:13:9: #331311 3311:“ 5333133112113
`_
`.
`:33337
`
`1111: 113121111
`
`11 3m31‘3:1MN“
`managear—d—
`
`
`33113331333133.
`
`33:33:33.3.
`
`z
`
`311111111111:
`
`MW
`'
`
`7331333333333
`
`3111733351. 3‘30, "33 3”3711333311
`
`321331".!1‘1.3:13.33131333.37 1331-11 311739211333“ 3311-33 FUR
`3511313 37131331112115.1113 33193.35
`
`
`
`[33313113131133
`mflfl... m-
`.- .- Lama”... :11;
`3 3111111 111:11133115; 11113 13331311: 11.131133316 11351113131131: 111,113 11111111311111.1131 11131131113be 311113 11611111: 111313 11111111
`
`11111111111153.1213 1'31'31111111111111.11111331111113 M11. 311313333111133311111113 3311.13 151‘”1:311};113‘1‘31'1131‘1'13‘1253333 ‘3
`
`3.323. 3.531513333131333 ‘1
`
`11 dvzfeumlsml m 1313:; 1113131111.
`5.33233133151
`.133 1.133133 31115113131113 [1113131213
`$3.33?‘1‘“ $333
`~1
`7‘
`.
`1311111.:a111...1::113.1*131111{17331311113131.13111111 {aha1:1313311331€ir§1h11m13311111 31311331:31 3311333131111
`jg! )3
`13-153.:1133
`“Bud Emma 1313 131151 13111133.“ <13 11311313151,
`1:13
`61—9
`.133
`11%11131133 311
`3311:
`
`112113
`
`"3333;322:1333.in 11111113 33.1333‘2‘3133353’ 11-51- 1.:1’111115?! 131111 311.? 33611313. 11:31:11 1.111. 35.31136 13313111313 111:1: 3:11:11131131? 11133311131113
`'
`‘
`.
`~
`.
`«*1
`—
`.
`.,
`1:.
`13‘
`«‘3 311.3331}: {13 11213111111111: 331111.111 53131311133313 TEL. 11: 111111113113
`31311 13:31.111311113 131-2.F 33:11.13: 3
`
`311 1313 .33
`
`3311: 33111111 enmiéd 1113111311 323511‘1x‘ing 3311 1511.11: 3111 1111:1333 31133] 1.311“:
`
`511:1
`
`33131.1
`
`1.351311111111113.
`1
`SRUER“ 33.13‘1ES 133.11}: 3131313351: 11:.‘1‘: 13131111131331.3131113131 1.11111133113111'311ih 1133133 1131113 331133131 11:33133 .L'
`
`313M 1:31
`
`13131 1111311 may 1.31631 33.1123 113313 1331111131:
`
`10f 5O
`1 of 50
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO~ ”2926/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/30/2017
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`11131
`
`33331333111111; 111111,LEE3:11:111:1 111' 11111&‘1 1211113111111 1‘; $11,111
`11:1.11313
`EJUFHII‘(117317
`~13145111,1111111111111 1311;:1111113.17311 1131333
` m-im
`
`1111511: 111113 (111:1111111111411311113 13111131111mm 115,1»: 1,
`
`(
`
`1 11161313; 111113 11:;£111111111
`1111 311:1 ls1=z1 knuw’n 11111311111111‘1‘10812111‘111 1251’“ 3113:1311 13123111 {1111111111131e1‘ T1111:
`5111113! 111mm 1%: 01111me I111 113-1‘3111‘111111111 11.133311}: ELL] 33‘ 1.11111? 1%,Em} 11,E93“‘1’ HWE. 3”” RE
`
`BELIEF-2331:5331 MILLER ‘i’fifig‘xLLU, Lilfl 111111531! 7131551111513 111111113313 111 31112
`
`111.111.;
`
`131111111 «1(1Ei1 ,, 1
`
`8111317111111
`
`3311313 131111;, 111333; and 11111111113131:
`
`11:11: gamma, THMET/11:1
`
`L Efie‘gEF, 3’3 1'11
`
`1311111111RTE!"1 i i (‘11111311 11111111 1111111225 111':3T111119” Etnffih 13131111113111 T333313.
`’1’131’1:
`1 13513.31 1,111
`11111111111136!g((111311: E2§ 1217JW¢111311113111F11 11111111111111111111111111 1111’;111mm;
`
`i-i
`
`2‘17 T 1: iii:
`
`
`
`20f 50
`2 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO~ ”2926/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/30/2017
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`,
`E
`E
`
`
`
`Ei
`
`E
`
`a
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`——————————————————————————————————————————————————————————————————————X
`THOMAS J. SHARE,
`
`.
`—aga1nst—
`
`Plaintiff:
`
`AEEIRMATIONJN
`
`W
`
`KERRY HILLS CORP. d/b/a KERRY HILLS PUB
`And BRENDAN T. JONES,
`
`.
`Index NO.. 712926/2016
`
`Defendants.
`______________________________________________________________________X
`
`Michael Ma, Esq., an attomey duly admitted to practice law before the Courts of the State
`
`ofNew York affirms the following to be true under penalties ofperjury:
`
`1.
`
`I am the managing attorney of and associated with Baron Associates P.C., attorneys
`
`of record for defendant, BRENDAN T. JONES, and as such, am fully familiar With the facts and
`
`circumstances therein, based upon a review of the file maintained by this office.
`
`2.
`
`I submit this affirmation in support of the instant application seeking an Order
`
`pursuant to CPLR § 321(b): (1) relieving Baron Associates PC. as counsel and attorneys of record
`
`for defendant, BRENDAN T. JONES, in the above entitled action; (2) staying the case for sixty
`
`(60) days so that defendant, BRENDAN T. JONES, may obtain new counsel; and (3) granting such
`
`other and further relief as this Court may deem just and proper.
`
`3.
`
`This case arises out of a assault and battery that Defendant, BRENDAN T.
`
`JONES sustained at the hands of Plaintiff, THOMAS J. SHARE, on October 31, 2015 inside the
`
`men’s bathroom of Defendant, KERY HILLS CORP. d/b/a KERRY HILLS PUB. The
`
`Defendant, BRENDAN T. JONES contends that the alleged injuries claimed by the Plaintiff
`
`occurred solely and exclusively as a result of the Plaintiff’s own culpable conduct in instigating
`and escalating a fight— forcing Defendant, BRENDAN T. JONES, to defend himself, and not as
`
`30f 5O
`3 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO~ ”2926/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/30/2017
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`
`
`
`
`a
`
`Wmmm..
`
`i
`
`www.m-
`
`iE
`
`the result of any negligence or culpable conduct on the part of the Defendant.
`
`4.
`
`The plaintiff purchased Index Number 712926/2016 on October 28, 2016 and filed
`
`his Summons and Verified Complaint with the County Clerk of Queens County and served same on
`
`defendants. (A copy of said Summons and Verified Complaint is annexed hereto as Exhibit "A").
`
`5.
`
`On or. about January 3, 2017, an Answer with cross claims was interposed on behalf
`
`of the Defendant, BRENDANT T. JONES. (A copy of said Defendants’ Answer is annexed hereto
`
`as Exhibit "B”).
`
`6.
`
`On or about January 31, 2017, an Answer with cross claims was interposed on
`
`behalf of the Defendant, KERRY HILLS CORP. d/b/a KERRY HILLS PUB. (A copy of said
`
`Defendants’ Answer is annexed hereto as Exhibit "C“).
`
`7.
`
`As of the time of this writing, a breakdown of communication and irreconcilable
`
`differences have arisen between defendant, BRENDAN T. JONES and his counsel rendering it
`
`impossible for your affiant’s law office to continue to represent the defendant in this matter. Should
`
`the Court require fiirther details as to said irreconcilable differences, it is respectfully requested that
`
`such details be provided in camera, so as not to prejudice defendant, BRENDAN T. JONES should
`
`he elect to retain new counsel.
`
`8.
`
`Accordingly, it is respectfully submitted that this Court now grant the instant Order
`
`to Show Cause and issue an Order relieving Baron Associates PC. as attorneys for defendant,
`
`n BRENDAN T. JONES in the above action.
`
`9.
`
`No application for the relief sought herein has been previously requested.
`
`WHEREFORE, sufficient reason appearing, it is respectfully requested that an Order
`
`pursuant
`to CPLR § 321(b) be granted:
`(1) relieving Baron Associates PC. as counsel for
`defendant, BRENDAN T. JONES, in the above entitled action; (2) staying the case for sixty (60)
`
`if
`
`4of50
`4 of 50
`
`

`

`E l E
`
`l E
`
`
`
`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO~ ”2926/2016
`
`
`
`
`
`RaCaIVaD uYSCEF: 11/30/2017
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`days so that plaintiff, BRENDAN T. JONES, may obtain new counsel; and (3) granting such other
`
`and further relief as this Court may deem just and proper.
`
`Dated: Brooklyn, New York
`November 16, 2017
`
`BARON» :
`,/
`
` Yours etc.,
`
`By:
`MICHA -W
`Attorneys for Defendant
`BRENDAN T JONES
`2509 Avenue U
`
`Brooklyn, NY 11229
`Tel: (718)934-6501
`Fax: (7 l 8)648~77 81
`BAPC File No.: 9026
`
`50f 50
`5 of 50
`
`1
`
`
`rwm
`
`.m-
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO~ ”2926/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/30/2017
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`
`
`
`
`M».
`
`EXHIBIT A
`
`60f 5O
`6 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO~ “2926/2016
`
`
`
`
`
`RaCaIVaD yYSCEF: 11/30/2017
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`FILED: OUEENS COUNTY CLERK lomzole 10:48 A
`NYSCEF DOC. NO.
`1
`
`INDEX NO- “2925/2016
`RECEIVED NYSCEF: 10/28/2016
`
`
`
`i
`
`‘
`
`i
`
`E
`
`3
`i
`
`
`
`i i
`
`ill of 18
`
`70f 5O
`7 of 50
`
`G&A File No: ADI ~ 23689
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~X Index No:
`
`THOMAS J. SHARE,
`
`Date Purchased:
`
`Plaintiff,
`
`SUMMONS
`
`~against~
`
`KERRY HILLS CORP. d/b/a KERRY HILLS PUB
`
`and BRENDAN T. JONES,
`
`Defendant (5)
`
`Plaintiff designates
`Queens County as
`
`Place of Trial
`
`Basis of Venue:
`Plaintiff Resides in
`
`------------------------------------------------------------------X Queens County
`
`TO THE ABOVE NAMED DEFENDANT:
`
`You are hereby summoned to answer the complaint in this action, and to serve a copy of
`your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance
`On the Plaintiff‘s attorney(s) within twenty days after the service of this summons, exclusive of
`
`within 30 days after completion of service where service is made in any other manner. In case of
`your failure to appear or answer, judgment will be taken against you by default for the relief
`demanded in the complaint.
`
`Dated: Brooklyn, New York
`
`thedayofservice,whereserviceismadebydeliveryuponyoupersonallywithinthestate,01‘,
`Octobe1'28, 20l 6
`
`
`
`CR STINA CAROLLO, ESQ.
`GULLO & ASSO (HATES, LLC.
`Attorneys for Plaintiff
`THOMAS J. SHARE
`520 86“” Street
`
`Brooklyn, New York 1 1209
`(718) 238—9555
`Our File No. ADI — 23 689
`
`_
`
`V
`
`TO:
`
`KERRY HILLS CORP
`d/b/a KERRY HILLS PUB
`115—10 Rockaway Beach Blvd.
`Rockaway Park, NY 11694
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO' “2926/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/30/201
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`BRENDAN T. JONES
`
`162 Beach 127th St
`
`Rockaway Park, NY 11694
`
`BRENDAN T. JONES
`
`179 Beach 126th St
`
`Rockaway Park, NY 11694
`
`20f 18
`
`8of 5O
`8 of 50
`
`
`
`
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSC
`3F DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`712926/2016
`INDEX NO. 712926/2016
`INDEX NO.
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`11/30/2017
`RECEIVED NYSCEF: 11/30/2017
`
`G&:A File No.: ADI ~~ 23689
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~X Index No:
`
`THOMAS J. SHARE,
`
`Date Purchased:
`
`Plaintiff,
`
`VERIFIED COMPLAINT
`
`~against-
`
`KERRY HILLS CORP. d/b/a KERRY HILLS PUB
`
`and BRENDAN T. IONES,
`
`Defendant (s).
`__________________________________________________________________X
`
`Plaintiff, by his attorneys, GULLO & ASSOCIATES, LLC., complaining of the
`
`Defendants, respectfully alleges, upon information and belief, as follows:
`
`PARTIES AND FACTS
`
`1.
`
`This is an action to recover for severe and pennanent injuries sustained by the
`
`plaintiff when he was viciously and savagely beaten by Defendant assailants who
`
`Defendant bar: owners, and employees continued to serve alcohol despite knowing he
`
`was intoxicated and Defendant owner and employees intentionally and/01' negligently
`
`led plaintiff into a trap where he was attacked and sustained pemianent and severe
`
`injuries.
`
`2.
`
`At the time of the commencement of this action, Plaintift‘was and still is a resident of
`
`the County of Queens, City and State ofNew York.
`
`3.
`
`4.
`
`That this action falls within one or more of the exceptions set forth in CPLR 1602.
`
`The Causes of Action alleged here-in arose in the County of Queens and State of New
`
`York.
`
`3 of 18
`
`9 of 50
`9 of 50
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED:
`OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSC3F DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`712926/2016
`INDEX NO. 712926/2016
`
`INDEX NO.
`
`
`
`
`RfiCfiIVfiD NYSCEF:
`11/30/2011
`RECEIVED NYSCEF: 11/30/2017
`
`5.
`
`On or about October 31, 2015, and at all time hereinafter mentioned, there existed a
`
`premises located at or about 115-10 Rockaway Beach Blvd, Rockaway Park, New
`
`York 11694, County of Queens and State of New York where Defendant KERRY
`
`HILLS CORP d/b/a KERRY HILLS PUB, is located (hereinafter “KERRY HILLS
`
`CORR”).
`
`That at all
`
`times hereinafter mentioned, Defendant, KERRY BELLS CORR, was
`
`and/or is a Domestic Company duly incorporated under the laws of the State of New
`
`York.
`
`That at all
`
`times hereinafter mentioned, Defendant KERRY HILLS CORR,
`
`maintained a principal piece of business located at 115~10 Rockaway Beach Blvd,
`
`Roekaway Park, New York 11694, County of Queens and State of New York.
`
`That at all times hereinafter mentioned, Defendant, KERRY HILLS CORR,
`
`its
`
`employees, agents, servants and managers owned, managed, maintained and had
`
`charge and control of the said premises iocated at 115—10 Roekaway Beach Blvd,
`
`Rookaway Park, New York 11694, County of Queens and .State ofNew York.
`
`That upon information and beliet‘, the Defendant BRENDAN ’1“. JONES is a resident
`
`of the County of Queens State of New York.
`
`10.
`
`That upon information and belief, the Defendant BRENDAN T. JONES was a patron
`
`of KERRY HILLS CORP. on or about October 31, 2015.
`
`11.
`
`That on or about October 31, 2015, defendant BRENDAN T. JONES, while a patron
`
`of KERRY HILLS CORP. was served alcohol.
`
`12.
`
`That on or about October 31, 2015, Defendant BRENDAN T. JONES, white apatron
`
`4 of 18
`
`10 of 50
`10 of 50
`
`
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED:
`OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSC3F DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`712926/2016
`INDEX NO. 712926/2016
`
`INDEX NO.
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`11/30/2017
`RECEIVED NYSCEF: 11/30/2017
`
`13.
`
`14.
`
`15.
`
`of KERRY HILLS CORP. became visibly intoxicated and KERRY HILLS CORP.
`
`nevertheless continued to serve defendant BRENDAN T. JONES alcohol.
`
`Thereafter, Defendant BRENDAN T. JONES assaulted and battered Plaintiff inside
`
`KERRY HILLS CORP. causing Plaintiff to fear imminent danger.
`
`The assault by Defendant BRENDAN T. JONES upon Plaintiff occurred in the
`
`presence of KERRY HILLS CORR.
`
`Defendant KERRY HILLS CORP. had both actual and constructive notice and
`
`knowledge that Defendant BRENDAN T. JONES was intoxicated thereby placing
`
`Plaintiff in imminent haim.
`
`16.
`
`Defendant KERRY HILLS CORP. had actual notice that the assailant Defendant
`
`BRENDAN T. JONES was intoxicated and standing and waiting by the bathroom to
`
`attack Plaintifff .
`
`17.
`
`Defendant BRENDAN T. JONES physically attacked Plaintiff by pushing, punching,
`
`kicking, shoving, body slamming or otherwise battering Plaintiff inside Defendant
`
`KERRY HILLS CORP establishment.
`
`18.
`
`Upon information and belief, KERRY HILLS CORP. breached the duty of care owed
`
`to Piaintiff by failing to aid, assist, deter or othcmise prevent Defendant BRENDAN
`
`T. JONES from assaulting and battering Plaintiff.
`
`19.
`
`KERRY HILLS CORP. had a duty to maintain, manage, control, and opetate the
`
`aforementioned premises in a reasonable safe condition.
`
`20.
`
`KERRY HILLS CORR, its agents, servants, and/or employees breached its duty to
`
`Plaintiff and was negligent by failing to warn Plaintiff of a substantial risk; failing to
`
`5 of 18
`
`11 of 50
`11 of 50
`
`
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED:
`OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`712926/2016
`INDEX NO. 712926/2016
`
`INDEX NO.
`
`
`
`
`R*.C fiIVfiD \lYSCEF:
`RECEIVED NYSCEF: 11/30/2017
`11/30/2017
`
`properly investigate and research what level and kind of security was appropriate for
`
`the area; failing to properly interview, research, and hire an adequate and reasonable
`
`security company; failing to hire an adequate number of competent, properly
`
`experienced and trained bartenders; failing to require an accounting for all guests
`
`and/or invitees that were on the property; failing to warn of known and dangerous
`
`conditions and individuals on the property; was otherwise negligent.
`
`2L
`
`As a direct and proximate result ofthe negligence, Defendant BRENDAN T. JONES,
`
`visibly intoxicated, severely and brutally injured Plaintiff.
`
`22.
`
`The Defendant KERRY HILLS CORP,
`
`its agents, servants, and/or employees
`
`breached its duty to Plaintiff and was negligent by engaging in the unlawful
`
`commercial sale of alcohol to a visibly intoxicated person. The negligent sale of said
`
`alcohol caused or contributed to the person’s intoxication. As a result Plaintiff
`
`sustained severe and permanent injuries when Defendant BRENDAN T. JONES
`
`brutally and viciously attacked Plaintiff.
`
`23.
`
`That as a result oi" Defendants aforesaid actions Plaintiff was caused to be negligently,
`
`intentionally, wrongfully, willfully, maliciously and with gross negligence, physically
`
`assaulted, beaten, battered, out, and broken and was caused to sustain severe and
`
`permanent injuries.
`
`AS Am £911 A FIRST CAUSE on ACTION FOR ASSAIILT
`AGAINST BBEEDAH T. JONES
`
`24.
`
`Plaintiff hereby restates, reiterates, and reallegcs each and every allegation stated
`
`above with the same force and power as if fully stated below.
`
`6 of 18
`
`12 of 50
`12 of 50
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO' “2926/2016
`
`
`
`
`
`RaCaIVaD uYSCEF: 11/30/201
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`25.
`
`On or about October 31, 2015, Defendant BRENDAN T. JONES physically attacked
`
`Plaintiff by heating Plahitiff repeatedly with his hands, fists, arms, head, legs: and feet
`
`by slapping, punching, kicking, body slannning, choking, biting, drop kicking,
`
`throwing, shoving and/or pushing Plaintiff at KERRY HILLS CORR.
`
`26.
`
`At all times mentioned herein, the attack by the Defendant BRENDAN T JONES
`
`was unwarranted, unprovoked, and intentional, At all times, Defendant BRENDAN T.
`
`JONES intended to strike, assault, and maim Plaintiff. Plaintiff did apprehend and
`
`perceived that he would be struck.
`
`27.
`
`Defendant BRENDAN T. JONES is liable for the assault on Plaintiff in an amount to
`
`be determined by a jury but in excess of the jurisdictional limits of this oourt.That as a
`
`result of the assault by the Defendant BRENDAN T. JONES as aforesaid, Plaintiff
`
`sustained severe and protracted personal injuries, was incapacitated from pursuing his
`
`normal tasks, experienced great pain and suffering, incurred medical expenSes, and
`
`incurred hospital expenses, all which Plaintiff believes will continue in the future, all
`
`to his detriment and loss in an amount which exceeds the jurisdictional limits of all
`
`other courts.
`
`AS AND FOR "'rHE
`
`
`
`
`
`S COND CAUSE OF ACTION FOR BATTERY
`BRENDAN T. JONES
`
`
`
`428.
`
`Plaintiff hereby restates, reiterates, and realleges each and every allegation stated
`
`above with the same force and power as if fully stated below.
`
`29.
`
`On or about October 31, 2015, Defendants “JOHN DOE #1-3” physically attacked
`
`Plaintiff by beating Plaintiff repeatedly with her/his hands, fists, arms, head, legs, and
`
`7 of l8
`
`13 of 50
`13 of 50
`
`
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED:
`OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSC3F DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`712926/2016
`INDEX NO. 712926/2016
`
`INDEX NO.
`
`
`
`
`RfiCfiIVfiD NYSCEF:
`11/30/201t
`RECEIVED NYSCEF: 11/30/2017
`
`30.
`
`31.
`
`32.
`
`33.
`
`feet by slapping, punching, kicking, body slamming, choking, biting, drop kicking,
`
`throwing, shoving and/or pushing Plaintiff at KERRY HILLS CORR.
`
`At all times mentioned herein, the attack by Defendant BRENDAN T. JONES, was
`
`unwarranted, unprovoked, and intentional.
`
`At all times, Defendant BRENDAN T. JONES, did strike, assault, and maim Plaintiff.
`
`As a result of Defendant’s BRENDAN ’l‘. JONES attack, Plaintiff was battered and
`
`suffered serious and permanent physical harm.
`
`Defendant BRENDAN T. JONES is liable for the battery on Plaintiff in an amount to
`
`be determined by a jury but in excess of the jurisdictional limits of this court.
`
`That as a result of the unwarranted touching, assault, and battery by the Defendant
`
`BRENDAN 'I‘.
`
`JONES, as aforesaid, Plaintiff sustained severe and protracted
`
`personal injuries, was incapacitated from pursuing his normal tasks, experienced great
`
`pain and suffering, incurred medical expenses, and incurred hospital expenses, all
`
`which Plaintiff believes will continue in the future, all to his detriment and loss in an
`
`amount which exceeds the jurisdictional limits of all other courts.
`
`AS AND FOR THE THIRD CAUSE OF ACTION FOR THE
`INTEIXTIONAL INFLICTiQN 32E LQMQ HON/AL DISTRESS
`AGAINST BRENDAN T. JONES
`
`34.
`
`Plaintiff hereby restates, reiterates, and rcalleges each and every allegation stated
`
`above with the same force and power as if fully stated‘below.
`
`35.
`
`At all
`
`times mentioned herein, Defendant BRENDAN T. JONES’ conduct was
`
`intentional, extreme, and outrageous.
`
`
`
`14 of 50
`14 of 50
`
`
`
`
`
`
`
`WWW”
`
`mm.
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO~ ”2926/2016
`
`
`
`
`
`RaCaIVaD uvscsr: 11/30/2014
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`
`
`36.
`
`Defendant BRENDAN T. JONES intentional and outrageous conduct caused Plaintiff
`
`to suffer severe emotional distress.
`
`37.
`
`It was Defendants’ Defendant BRENDAN T. JONES intention to cause severe
`
`emotional distress by his conduct ofheating Plaintifl’.
`
`38.
`
`As a proximate result of the foregoing, Plaintiif sustained severe and protracted
`
`personal injuries, was incapacitated from pursuing his normal tasks, experienced great
`
`pain and suffering, incurred medical expenses, and incurred hospital expenses, all
`
`which the Plaintiff believes will continue in the future, all to his deterinent and loss in
`
`an amount which exceeds the jurisdictional limits of all other courts.
`
`. S
`
`GLIGENCE
`t OURT CAUSE OF ACTION 0
`D FOR
`AGAINST DEFENDAIST KERRY HILLS CORP.
`
`39.
`
`Plaintiff hereby restates, reiterates, and realleges each and every allegation stated
`
`above with the same force and power as if fully stated below.
`
`40.
`
`That at all times hereinafter mentioned, Defendant, KERRY HILLS CORR,
`
`its
`
`employees.
`
`agents,
`
`servants and managers operated the
`
`said premises
`
`as
`
`hereinbefore set forth and described.
`
`4].
`
`That at all times hereinafter mentioned, Defendant, KERRY l~llLLS CORR, its
`
`employees, agents, servants and managers managed the said premises located at
`
`115-10 Roekaway Beach Blvd, Roeltaway Park, NewYork 116.94, County of
`
`Queens and State ofNew York.
`
`42.
`
`That at all times hereinafter mentioned, Defendant, KERRY HILLS CORR, its
`
`employees, agents, servants and managers maintained the said premises located at
`
`9 of 18
`
`15 of 50
`15 of 50
`
`
`
`
`
`
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO' “2926/2016
`
`
`
`
`
`RaCaIVaD uYSCEF: 11/30/201
`RECEIVED NYSCEF: 11/30/2017
`
`115-10 Rockaway Beach. Blvd, Rockaway Park, New York ll694, County of
`
`Queens and State ofNew York.
`
`43.
`
`That at all times hereinafter mentioned, Defendant, KERRY HILLS CORR,
`
`its
`
`employees, agents, servants and managers had charge and control of the said
`
`{
`
`premises as herein the said premises as herein before set forth and described.
`
`44.
`
`That at all times hereinafter mentioned, Defendant, KERRY HILLS CORR, its
`
`employees, agents, servants and managers owned, managed, maintained and had
`
`charge and control of the said premises as hereinbefore set forth and described, and
`
`more particularly the location.
`
`45.
`
`Defendant KERRY HILLS CORR, had a duty to maintain, manage, control, and
`
`operate the premises in a reasonable safe condition.
`
`46.
`
`Defendant KERRY HILLS CORP. , its agents, servants, and/or employees breached
`
`its duty to Plaintiff and was negligent by failing to warn Plaintiff of a substantial
`
`risk; failing to properly investigate and research what level and kind of security was
`
`appropriate for the area; failing to properly interview, research, and hire an adequate
`and reasonable security company; failing to hire an adequate number ofcompetent,
`property experienced and trained bartenders; failing to require an accounting for all
`
`guests and/or invitees that were 011 the property; failing to warn of known and
`dangerous conditions and individuals on the property; was otherwise negligent.
`As a direct and proximate result of the negligence, Plaintiff sustained severe and
`
`47.
`
`N
`
`protracted personal injuries, embarrassment, was incapacitated from pursuing his
`
`normal tasks, experienced great pain and suffering, incurred medical expenses, and
`
`l0 of 18
`
`16 of 50
`16 of 50
`
`g
`
`a
`
`
`
`3
`
`i
`E
`E
`
`E
`g
`
`E
`
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED:
`OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`712926/2016
`INDEX NO. 712926/2016
`
`INDEX NO.
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`11/30/2017
`RECEIVED NYSCEF: 11/30/2017
`
`incurred hospital expenses, all which Plaintiff believes will continue in the future,
`
`all to his detriment and loss in an amount which exceeds the jurisdictional limits of
`
`all other courts.
`
`43.
`
`Plaintiff’s Subsequent injuries were caused through and by reason of the negligence,
`
`carelessness, breach of duties, and/or recklessness of KERRY HILLS CORR, their
`
`agents, servants, and/01' employees, without any negligence on the part of Plaintiff
`
`centrlbuting thereto in any way whatsoever.
`
`49.
`
`That as result of the negligence of and inadequate security provided by KERRY
`
`HILLS CORP. as aforesaid, Plaintiff sustained severe and protracted personal
`
`injuries and death from pursuing normal tasks, and Plaintiffs experienced great pain
`
`and Suffering.
`
`so.
`
`51.
`
`AS AND FOR THE FIFTH QAQSE OF ACTION FOR DRAM SHOP
`AGAIQS! DEFENDANT KERRY HILLS CORP.
`
`Plaintiff hereby restates, reiterates, and realleges each and every allegation stated
`
`above with. the same force and power as if fully stated below.
`
`That on or about October 3].. 20l5, KERRY HILLS CORP. violated New York
`
`General Obligations Law § 11400, § 11—101 and New York Alcoholic Beverage
`
`Control Law § 65.
`
`52.
`
`That KERRY HILLS CORP. by and/or through their agents, servants, and/or
`
`employees, is in the business of serving alcoholic liquors to the general public at the
`
`premises located at 115—10 Rocicaway Beach Blvd, Roelcaway Park, New York
`
`11694, County of Queens and State ofNew York.
`
`11 of 18
`
`17 of 50
`17 of 50
`
`wuwmmmm
`
`
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED: OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSCEF DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`INDEX NO. 712926/2016
`INDEX NO' “2926/2016
`
`
`
`
`
`RaCaIVaD uYSCEF: 11/30/201
`RECEIVED NYSCEF: 11/30/2017
`
`
`
`53.
`
`That on or about October 31, 2015, KERRY HILLS CORP, by and/or through their
`
`agents, servants, and/or employees knowingly caused the intoxication or impairment
`
`of ability of Defendant BRENDAN TL JONES by unlawfully selling, delivering,
`
`giving away, causing, permitting, or procuring to be sold, delivered or given away
`
`alcoholic beverages to visibly intoxicated persons.
`
`AS AND FOMEE SIXTH CAUSE OF ACTION FOR NEGLIGENT
`REflENTION/HIRING AGA- MST DEFENDANT KERRY HILEfi CORP.
`
`54.
`
`Plaintiff hereby restates, reiterates, and realleges each and every allegation stated
`
`above with the same force and power as if fully stated below.
`
`55.
`
`That KERRY HILLS CORR, did not exercise reasonable care and diligence in the
`
`selection, engagement, employment, training and retention of their agents, servants
`
`and employees and were negligent in the hiring,
`
`training and retaining of its
`
`bartenders, waiters and/or bar backs, whose negligence assisted Defendant
`
`BRENDAN T. JONES in perpetrating the assault on Plaintiff by serving Defendant
`
`BRENDAN T. JONES additional alcohol, knowing he was already intoxicated and
`
`in failing to call the authorities in response to the assault and battery on the Premises.
`
`56.
`
`That on or about October 3t, 2015, KERRY IvllLLS CORR, knowingly caused the
`
`intoxication or
`
`impairment of ability of Defendant BRENDAN T. JONES by
`
`unlawfully Selling, delivering, giving away, causing, permitting, or procuring to be
`
`sold, delivered or given away alcoholic beverages to visibly intoxicated persons.
`
`57. Upon information and belief KERRY I-zllLLS CORP. had prior knowledge of the
`
`potential for inappropriate and improper conduct of this patron/Plaintiff’s assailant,
`
`which conduct is the well knewn in the bar industry and requires diligent training
`
`12 of 18
`
`18 of 50
`18 of 50
`
`
`
`
`
`
`
`.MwwWm
`
`

`

`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED:
`OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSC3F DOC. NO. 37
`NYSCEF DOC. NO. 37
`
`712926/2016
`INDEX NO. 712926/2016
`
`INDEX NO.
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`11/30/201
`RECEIVED NYSCEF: 11/30/2017
`
`and supervision for employees as retention practices. Nonetheless,
`
`it failed to
`
`employ proper training and retention policies and
`
`failed to arrange for proper
`
`supervision of employees at KERRY HILLS CORP, and allowed its employees to be
`
`in contact with the public at large without sufficient experience or training.
`
`AS A31) FOR A SE2 ENTH CAUSE OF ACTION FOR ASSAULT
`AGAINST KEBRX HILLS CORP.
`
`58.
`
`Plaintiff hereby restates, reiterates, and realleges each and every allegation stated
`
`above with the same force and power as if fully stated below.
`
`59.
`
`On or about October 31, 2015, Defendant, KERRY HILLS CORR, by failing to
`
`remove Defendant BRENDAN T. JONES from KERRY HILLS CORR, intended to
`
`cause a harmful or offensive contact or an imminent apprehension of such contact by
`
`BRENDAN T, JONES upon Plaintiff.
`
`60.
`
`As a result of KERRY HILLS CORP.’s actions, BRENDAN T. JONES physically
`
`attacked Plaintiff by heating Plaintiff repeatedly with his hands, fists, arms, heed,
`
`legs, and feet by slapping, punching, kicking, body slamming, choking, biting, drop
`
`kicking, throwing, shoving and/or pushing Plaintiff at KERRY HILLS CORR.
`
`61.
`
`At all times mentioned herein, the attack by the Defendant, BRENDAN T. JONES,
`
`was unwarranted, unprovoked, and intentional. At all times, Defendants, KERRY
`HILLS CORP, had actual or constructive knovvledge that “JOHN DOB #13”
`
`intended to strike, assault, and maim Plaintiff. Plaintift‘did apprehend and perceived
`
`that he would be struck.
`
`13 of 18
`
`19 of 50
`19 of 50
`
`
`
`
`
`

`

`, E
`
`l
`
`6 l l 9
`
`FILED: QUEENS COUNTY CLERK 11/30/2017 12:55 PM
`FILED:
`OUEENS COUNTY CLERK 11m2017 12:55 PM
`
`NYSC3F DOC. NO.
`37
`NYSCEF DOC. NO. 37
`
`712926/201
`INDEX NO. 712926/2016
`
`INDEX NO.
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`11/30/201
`RECEIVED NYSCEF: 11/30/2017
`
`Defendant KERRY HILLS CORP. is liable for the assault on Plaintiff in an amount
`
`to be determined by a jury but in. excess of the jurisdictional limits of this courtfl‘hat
`
`as a result of the assault by the Defendant BRENDAN T. JONES as aforesaid,
`
`Plaintiff sustained severe and protracted personal injuries, was incapacitated from
`
`pursuing his normal tasks, experienced great pain and suffering, incurred medical
`
`expenses, and incurred hospital expenses, all which Plaintiff believes will continue
`
`in the future, all
`
`to his detriment and loss in an amount which exceeds the
`
`jurisdictional limits of all other courts.
`
`AS AND FOR A EIGHTH CAUSE OF ACTION FOR INTENTIONAL
`INFLICTJOIS 03* EMOTIONAL DISTRESS AGAINST KERRY HILLS CORP.
`
`63.
`
`Plaintiff hereby restates, reiterates, and realleges each and every allegation stated
`
`above With the same force and power as if fully stated below.
`
`64.
`
`At all times mentioned herein, Defendant KERRY HILLS CORP.’s conduct was
`
`intentional, extreme, and outrageous.
`
`65.
`
`KERRY HILLS CORP.’s intentional and outrageous conduct caused Plaintiff to
`
`suffer severe emotional distress.
`
`66.
`
`It was KERRY HILLS CORP. ’s intention to cause severe emotional distress by their
`
`conduct of placing Plaintiff in imminent harm Plaintiff an imminent apprehension of
`
`such contact by BRENDAN T. JONES upon Plaintiffi
`
`67.
`
`