complaint - steward v. american museum of moving image

8/11/2019 Complaint - Steward v. American Museum of Moving Image

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S U P R E M E C O U R T O F T H E S T A T E O F N E W Y O R K

C O U N T Y O F N E W Y O R K

V E R N O N S T E W A R D a n d H E A T H E R

FA U L D I N G ,

Plaintiff*,

- agains t -

A ME RI CA N M US EU M O F T H E M O V I N G

IMAGE,

D e f e n d a n t

T O T H E A B O V E - N A M E D D EF EN D A N T S ) :

X

I n d e x N o .

D a te P ur ch as ed :

P la in ti ff s ) d es ig na te s:S U F F O L K C O U N T Y

County as the place of trial

T he b as i s o f th e v e n u e is :

P l a i n t i f f s r e s i d e n c e

S U M M O N S

P la in ti ff s ) r es id e at: P a r k A v e n u e

Ne w York,New Yo rk 10010

YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, or if the complaint isnot s er ve d with the summons, to serve a notice of appearance, on theplaintiff s attorney s within 20 days after the service of thissummons, exclusive of the day of service or within 30 days afterthe service is complete, if this summons is not personally deliveredto you within the State of New York ; and in case of your failure

to appear or answer judgment will be taken against you by defaultfor the re l ief demanded in t he c om pl ai nt .

Dated : New York, Ne w Yor k

August _ __ 2 4

D e f e n d a n t s a d d r e s s e s :

A M E R I C A N M U S U E M O F T H E M O V I N G I M A G E

3 6 - 0 1 35th Av e n u e

Ast o r i a , Ne w York 11106

PA U L N. A R I D A , P. C .

Atto rn ey fo r Plaintiff

26 Broadway, 17th FloorNe w York , N Y 1 0 0 0 4

212) 3 6 3 - 3 3 4 5

LED: NEW YORK COUNTY CLERK 08/20/2014 01:17 PM INDEX NO. 158188/2014SCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2014


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S U P R E M E C O U RT O F T H E S TAT E OF N EW Y OR K

C O U N T Y O F N EW Y OR K

V ER NO N S TE WA RD a n d H E AT H E R

FAULDING

Plaintiff/

against

AM ERI CAN M US EU M O F T HE M O V I N G

IMAGE

D e f e n d a n t

X

V E R I F I E D O M P L IN T

I n d e x N o

D a t e P u r ch a s ed :

Plaintiffs by their attorney P UL N RID P C uponinformation andbeliefand

at all times hereinafter allege:

A S A ND F OR A F I R S T C AU SE O F A CT IO N

At all times hereinafter mentioned Plaintiffs resided and still reside at 333

Park Avenue New York New York

2 That on April 15 2014 Defendant AMERICAN MUSEUM OF THE

MOVING IMAGEwas a domestic corporation duly organized and existing under and by virtue of

t he l aw s o f t he S ta te o f w York

3 Tha t D e f en d a nt A M E R I C A N M US EU M O F T HE M OV IN G IM AG E is s t i l l

a domestic corporation duly organized and existing under and by virtue of the laws of the State of

w Yo r k


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11. That on April 15 2014 Defendant AMERICAN MUSEUM OFTHE

MOVING IMAGE wasthe lessor of the premises locatedat 36 01 th Avenue Astoria New York

in which th e MUSE UM OF T H E M O VI NG I M GE w as located

12. That on April 15 2014 Defendant AMERICAN MUSEUMOFTHE

MOVING IMAGE was the lessee of the premises located at 36 01 35th Avenue Astoria New York

at w hic h th e M U S E U M OF T H E MOVING I M G E w as located

13. That on April 15 2014 Defendant AMERICAN MUSEUMOF THE

MOVING IMAGEby its agents servantsand/or employees managedthe MUSEUM OFTHE

MOVING IMAGE located at 36 01 35th Avenue Astoria New York.

14. That on April 15 2014 Defendant AMERICAN MUSEUM OF THE

MOVING IMAGEby its agents servants and/or employeesmaintained the MUSEUM OF THE



MOVING IMAGE by its agents servants and/oremployees operatedthe MUSEUM OF THE



MOVING IMAGE by its agents servants and/or employees controlled the MUSEUM OF THE



MOVING IMAGE by its agents servants and/or employees supervised the MUSEUM OF THE



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MOVINGIMAGE by its agents servants and/or employees inspected the MUSEUM OF THE



MOVING IMAGE by its agents servants and/or employees constructed the MUSEUM OF THE



MOVING IMAGEby its agents servantsand/or employees designed the MUSEUM OF THE

MOVING IMAGE located at 36 01 35 h Avenue Astoria New York.

21. That on April 15 2014 PlaintiffVERNON STEWARD was lawfullyat the

aforesaid premisesknown as the MUSEUM OF THE MOVING IMAGE located at 36 01 th

Avenue Astoria N ew York

22. That on April 15 2014 while PlaintiffVERNON STEWARD was at the

aforesaid premises on the Third Floor he was caused to trip overa baby/infant who was on the floorcausing him to fall to the floor.

23. As a result of the above Plaintiff VERNON STEWARD was injured.

24. As a result of the above Plaintiff VERNON STEWARD was seriously

injured.

25. That t he a foresai d o ccur rence was du e to th e carelessness recklessness

negligence acts of omission and commission of the Defendant and their agents servants and/or

employees.


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26. This action falls within one or more of the exceptions set forth in CPLR

1 6 2

27. By reason of the foregoing, PlaintiffVERNON STEWARD has been

damaged in the sum of ONE MILLION 1,000,000.00) DOLLARS.

A S A ND F O R A S EC ON D C AU SE O F A C TI ON

28. Plaintiff repeats reiterates andrealleges each and everyallegation contained

hereinabove in paragraphs 1 through28, inclusive as if hereinafter set forth at length.

29. That the premises referred to hereinabove where the incidentoccurred,

constituted a public and private nuisance anda trap for the unaware and more particularly the

Pl a i n t i f f V E R NO N S T EWA R D herein

30. By reason of the foregoing Plaintiff VINCENZO VACCARO hasbeen

damaged in the sumof ONE MILLION 1,000,000.00) DOLLARS

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A S A N D F O R A T HIR D C AU SE O F A C TI ON

32. Plaintiff repeats, reiterates and realleges each and every allegationcontained

hereinabove in paragraphs 1 through 31, inclusive as if hereinafter set forth at length.

33. That on and before April 15, 2014, Plaintiff HEATHER FAULDING was

a n d s t i l l i s t h e w i f e P l ai nt if f V E R N O N S T E WA RD

34. By reason o f the aforesaid, PlaintiffHEATHER FAULDING has been

deprived o f the consortium o f her husband, including but not limited to his services, love,

companionship, affection, society and solace, all to her damage in the sum o f TW O HUNDRED

AND FIFTY THOUSAND 250,000.00) DOLLARS.


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WHEREFORE, Plaintiffs demandjudgment against the Defendant on the causes of

action herein alleged as follows:

FIRST CAUSE OF ACTION - ONE MILLION 1,000,000.00) DOLLARS;

SECOND CAUSE OF ACTION - ONE MILLION 1,000,000.00) DOLLARS;

T HI RD C A US E O F A CT IO N - TWO H U N D R E D A N D FIFTH T H O U S A N D

250,000.00) DOLLARS,together with interest from the 15thday of April, 2014,together with the

co s t s and d i s bu r s e m e n t s this act ion .

Dated: New York, New York

August 2 14

tours etc. r

>AULN. ARIDA, P.C.

Attorney for Plaintiffs26 Broadway, 17th FloorNew York, N Y 10004

212 363-3345


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complaint - steward v. american museum of moving image

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