FILED: NEW YORK COUNTY CLERK 08/07/ :04 AM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/07/2018

SUPREME COURT

OF

THE

STATE OF

NEW YORK COUNTY

OF

NEW YORK

---x Index No.:

JOSH NEUFELD,

NEW YORK

County as the place of

Plaintiff, trial

-against- The basis of the venue

Defendant's Place of Business

DLA RESTAURANTS

LLC D/B/A

MERMAID

OYSTER BAR,

SUMMONS

Defendant.

Plaintiff resides at ---x 310 Anita Street

Laguna Beach, CA

To the above

named

Defendants Orange County

YOU ARE HEREBY SUMMONED

to answer the complaint in this action and to serve appearance, on the Plaintiff's Attorney(s) 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 in the complaint.

Dated: August 7, 2018

Defendants'

Address:

ROBERT

G.

GOODMAN,

^P.C.

Attorney for Plaintiff

DLA RESTAURANTS

LLC 3 West 35th Street

D/B/A

MERMAID OYSTER BAR New

_York,

New

York 10001

79 Macdougal Street 212 564 8883

New

_York,

NY

10012

SUPREME COURT

OF

THE

STATE OF

NEW YORK COUNTY

OF

NEW YORK

---x INDEX NO.:

JOSH NEUFELD,

Plaintiff,

-against- VERIFIED

COMPLAINT

DLA RESTAURANTS

LLC D/B/A

MERMAID

OYSTER BAR,

Defendant.

....----...--...---....---....--...--...---X

Plaintiff, complaining of the defendant, by his attorney,

ROBERT

G.

GOODMAN,

P.C., respectfully alleges as follows:

FIRST: That at all times herein mentioned the plaintiff was and still is a resident

of Orange County, City of Laguna Beach, State of California.

SECOND: That the defendant,

DLA RESTAURANTS

LLC D/B/A

MERMAID

OYSTER

BAR

(hereinafter referred to as MERMAID), was and still is a domestic limited liability

corporation duly organized and existing by virtue of the laws of the State of

New

York.

THIRD: That on or about May 21, 2018, defendant, MERMAID, was and still is

a business operated as a restaurant known as the Mermaid Oyster Bar located at 79 MacDougal

Street,

New

_York,

New

York.

FOURTH: That on or about May 21, 2018, defendant, MERMAID, owned a

restaurant located at the afore described premises.

FIFTH: That on or about May 21, 2018, defendant, MERMAID, operated a

restaurant located at the afore described premises.

SIXTH: That on or about maintaned a

restaurant located at the afore described premises.

SEVENTH: That on or about May 21, 2018, defendant, MERMAID, controlled a

restaurant located at the afore described premises.

EIGHTH: That on or about May 21, 2018, defendant, MERMAID, managed a

restaurant located at the afore described premises.

NINTH: That on or about May 21, 2018, the defendant, MERMAID, leased

portions of the premises located at 79 MacDougal Street,

New

_York,

New

York.

TENTH: That on May 21, 2018, the defendant, its agents, servants and/or

employees were negligent, in the ownership, operation, maintenance, control and management

of the said aforesaid premises and, more particularly, the cellar door of said business, in that they

suddenly and without warning opened said cellar doors without due warning to pedestrians

upon said sidewalk; failed to appropriately place orange cones, failed to have an alarm to warn

pedestrians, failed to have an employee to warn pedestrians, all of which caused the plaintiff

herein to trip and fall when the doors suddenly opened causing permanent personal injuries and mental anguish and which required hospitalization, medical treatment and expenses.

ELEVENTH: That said occurrence was due solely to the carelessness,

recklessness, and negligence of the defendant by its agents, servants and/or employees in and

about the want of due and proper care ownership, maintenance and control of the aforesaid

premises cellar doors without any contributory negligence on the part of the plaintiff.

TWELFTH: That defendant had actual and/or constructive notice of said

dangerous condition and/or affirmatively created the condition.

THIRTEENTH: That as a result of the foregoing, the amount of damages sought

herein exceeds the jurisdictional limits of all lower courts which might otherwise have

jurisdiction herein.

WHEREFORE,

^{plaintiff demands judgment against the defendant} herein, in an

amount which exceeds the jurisdictional limits of all lower courts which might otherwise have

jurisdiction on each of the aforesaid causes of action, and for such other and further relief as to this Court may seem just and proper.

Dated:

New

_York,

New

York

August 7, 2018

ROBERT

G.

GOODMAN,

^P.C.

Attorney for Plaintiff 3 West 35th Street

New

_York,

New

York 10001

212 564 8883

ATTORNEYS VERIFICATION

STATE OF NEW YORK

₎

) ss:

COUNTY OF NEW _YORK)

ROBERT G. GOODMAN, ^an _attorney duly admitted to practice

in

the

Courts of New York _State, hereby ^{affirms as true,} under the penalty of _perjury that

your affirmant

is

the attorney ^for the

plaintiff

herein; that affirmant has read the

foregoing COMPLAINT and knows the contents thereof; that same

is

true to

affirmant's own _knowledge, except as to the matters therein stated to be

alleged on information and _belief, and that those matters affirmant believes

to be true. Affirmant further says that the reason this affirmation

is

made

by ^affirmant and not by ^plaintiff

^is

^{because plaintiff is} presently not in the

County wherein your affirmant maintains an office.

The grounds of affirmant's belief as to

all

matters not stated

upon affirmant's knowledge are as follows: Books, records, reports and

documents contained in the

file

and/or conversations had with plaintiff.

Dated: New _York, New York

August

_7,

2018

ROB T G. GO

not-

j

INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

__.---....---...______---.---...---._________....

JOSH NEUFELD,

Plaintiff,

-against-

DLA RESTAURANTS LLC D/B/A MERMAID OYSTER _BAR,

Defendant.

SUMMONS AND VERIFIED COMPLAINT

__.---.---...---...---___---...---...

ROBERT

G.

GOODMAN,

^P.C.

Attorney

^for Plaintiff(s)

3 West 35th Street

6th Floor

New _York, New York 10001

[212) 564 8883

---...---____...---...______.____-...---.---...---

CERTIFICATION PURSUANT TO 22

N.Y.C.R.R. '

130.1.1a

ROBERT

G.

GOODMAN, hereby

^{certifies that,}

pursuant

to

22

N.Y.C.R.R. '

130.1.1a, the SUMMONS AND VERIFIED COMPLAINT foregoing,

is

not frivolous nor

frivolously presented.

ROBERT

G.

GOODMAN,

^P.C.

Dated: New _York, New York

August

_7,

2018

---...---..---..---..---_____________________---.___..______

NOTICE OF ENTRY

Sir:

Please take notice that the within

is

a

[certified)

true copy ^of an

entered by ^{the Clerk of the within} named Court on

Dated:

.---.__---.---...---...---...---____________

NOTICE OF SETTLEMENT

Sir:

Please take notice that an order of which the within

is

a

true copy

^will

be presented for settlement to the Hon.

one of the judges of the

within named _Court, at on the day ^of

19 at

.m.

Dated: