Supreme Court of the State of New York County of Queens
JOHN ORBE,
Plaintiff,
-against- Plaintiff designates Queens
County as the place of trial.
HIGH FLYING BIRDS INC. d/b/a
NYCHEVILLO-TTE, NYCHEVILLO-TTE, The basis of venue is Plaintiff's
MARCO G. ESPINOZA, "JOHN DOE #1" residence and JOHN DOE #2, fictitious names for
unknown employees of the Defendant, HIGH SUMMONS
FLYING BIRDS INC. D/B/A NYCHEVILLO-
TTE, and/or the Defendant, NYCHEVILLO- Plaintiff resides at Queens County,
TTE, State of New York
COUNTY OF QUEENS To the above named 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 plaintiffs attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (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: January 3, 2019
NEWMAN, ANZALONE & NEWMAN, LLP Attorneys for the Plaintiff(s)
office and Post Office Address 95-25 Queens Boulevard - 11th Floor Rego Park, New York 11374
DEFENDANTS'
ADDRESSES:
HIGH FLYING BIRDS INC.
c/o Secretary of State Albany, New York
NYCHEVILLO-TTE
78-14 Roosevelt Avenue Jackson Heights, NY 11372
MARCO G. ESPINOZA c/o NYCHEVILLO-TTE 78-14 Roosevelt Avenue Jackson Heights, NY 11372
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS
JOHN ORBE,
Plaintiff, -against-
Index No.:
HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-TTE,
NYCHEVILLO-TTE, MARCO G. ESPINOZA, "JOHN COMPLAINT DOE #1" and JOHN DOE #2, fictitious names for unknown
employees of the Defendant, HIGH FLYING BIRDS INC.
D/B/A NYCHEVILLO-TTE, and/or the Defendant,
NYCHEVILLO-TTE,
Defendants.
Plaintiff, JOHN ORBE, through his attorneys, Newman, Anzalone & Newman,
LLP, as and for his Verified Complaint, states as follows upon information and belief:
1. That at all times herein mentioned, the Plaintiff, JOHN ORBE, was and remains a resident of the County of Queens, City and State of New York.
2. That at all times herein mentioned, the Defendant; HIGH FLYING BIRDS INC.
d/b/a NYCHEVILLO-TTE, was a domestic corporation authorized to do business in the State of
New York.
3. That at all times herein mentioned, the Defendant, HIGH FLYING BIRDS INC.
d/b/a NYCHEVILLO-TTE, was and still is a foreign corporation authorized to do business in New
York.
4. That at all times herein mentioned, the Defendant, HIGH FLYING BIRDS INC.
d/b/a NYCHEVILLO-TTE, was and still is a partnership doing business in the State of New York.
5. That at all times herein mentioned, the Defendant, HIGH FLYING BIRDS INC.
d/b/a NYCHEVILLO-TTE, was and still is a business entity transacting business in the State of
New York.
6. That at all times herein mentioned, the Defendant, HIGH FLYING BIRDS INC
d/b/a NYCHEVILLO-TTE, operated a business and more particularly a bar/night club located at
78-14 Roosevelt Avenue, Jackson Heights, in the County of Queens, City and State of New York.
7. That at all times herein mentioned, the Defendant, HIGH FLYING BIRDS INC.
d/b/a NYCHEVILLO-TTE, did employ and/or contract with bouncer(s) and/or a security
personnel to provide crowd control and safety measures for patrons in and around its establishment.
8. That at all times herein mentioned, the Defendant, HIGH FLYING BIRDS INC.
d/b/a NYCHEVILLO-TTE, did employ the Defendant, MARCO G. ESPINOZA, as a bouncer
and/or security to provide crowd control and safety measures for patrons in and around its
establishment.
9. That at all times herein mentioned, the Defendant, HIGH FLYING BIRDS INC.
d/b/a NYCHEVILLO-TTE, did employ the Defendants, JOHN DOE #1 and JOHN DOE#2, as
bouncers and/or security to provide crowd control and safety measures for pations in and around its
establishment
10. That at all times herein mentioned, the aforesaid bar/night club was under the control
of the Defendant, HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-TTE, by its agents,
servants and/or employees.
11. That at all times herein mentioned, the aforementioned bar/night club was under the
operation of the Defendant, HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-TTE, by its
agents, servants and/or employees.
12. That at all times herein mentioned, the aforementioned bar/night club was under the
management of the Defendant, HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-TTE, by its
agents, servants and/or employees.
13. That at all times herein mentioned, the aforesaid bar/night club was under the
maintenance of the Defendant, HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-TTE, by its
agents, servants and/or employees.
14. That at all times herein mentioned, the aforesaid bar/night club was under the
supervision of the Defendant, HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-TTE, by its
agents, servants and/or employees.
15. That at all times herein mentioned, the Defendant, HIGH FLYING BIRDS INC.
d/b/a NYCHEVILLO-TTE, had a duty to insure the safety of its patrons in and around the
aforementioned bar/night club.
16. That at all times herein mentioned, the Defendant, NYCHEVILLO-TTE, was a
domestic corporation authorized to do business in the State of New York.
17. That at all times herein mentioned, the Defendant, NYCHEVILLO-TTE, was and
still is a foreign corporation authorized to do business in New York.
18. That at all times herein mentioned, the Defendant, NYCHEVILLO-TTE, was and
still is a partnership doing business in the State of New York.
19. That at all times herein mentioned, the Defendant, NYCHEVILLO-TTE, was and
still is a business entity transacting business in the State of New York.
20. That at all times herein mentioned, the Defendant, NYCHEVILL O-TTE, operated a business and more particularly a bar/night club located at 78-14 Roosevelt Avenue, Jackson Heights,
in the County of Queens, City and State of New York.
21. That at all times herein mentioned, the Defendant, NYCHEVILLO-TTE, did
employ and/or contract with bouncer(s) and/or a security personnel to provide crowd control and
safety measures for patrons in and around its establishment.
22. That at all times herein mentioned, the Defendant, NYCHEVILLO-TTE, did
employ the Defendant, MARCO G. ESPINOZA, as a bouncer and/or security to provide crowd control and safety measures for patrons in and around its establishment.
23. That at all times herein mentioned, the Defendant, NYCHEVILLO-TTE, did
employ the Defendants, JOHN DOE #1 and JOHN DOE#2, as bouncers and/or security to provide crowd control and safety measures for patrons in and around its establishment
24. That at all times herein mentioned, the aforesaid bar/night club was under the control
of the Defendant, NYCHEVILLO-TTE, by its agents, servants and/or employees.
25. That at all times herein mentioned, the aforementioned bar/night club was under the
operation of the Defendant, NYCHEVILLO-TTE, by its agents, servants and/or employees.
26. That at all times herein mentioned, the aforementioned bar/night club was under the
management of the Defendant, NYCHEVILLO-TTE, by its agents, servants and/or employees.
27. That at all times herein mentioned, the aforesaid bar/night club was under the
maintenance of the Defendant, NYCHEVILLO-TTE, by its agents, servants and/or employees.
28. That at all times herein mentioned, the aforesaid bar/night club was under the
supervision of the Defendant, NYCHEVILLO-TTE, by its agents, servants and/or employees.
29. That at all times herein mentioned, the Defendant, NYCHEVILLO-TTE, had a duty to insure the safety of its patrons in and around the aforementioned bar/night club.
30. That upon information and belief, the Defendant, MARCOG. ESPINOZA, was as
employee of Defendant, HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-TTE, employed
in the capacity of a bouncer and/or security at the at the aforesaid bar/night club premises located
at 78-14 Roosevelt Avenue, Jackson Heights, in the County of Queens, City and State of New!
York.
31. That upon information and belief, the Defendant, MARCO G. ESPINOZA, was an
employee of the Defendant, NYCHEVILLO-TTE, employed in the capacity of a bouncer and/or
security at the at the aforesaid bar/night club premises located at 78-14 Roosevelt Avenue, Jackson
Heights, in the County of Queens, City and State of New York.
32. That upon information and belief, the Defendant, MARCO G. ESPINOZA, was
employed by an outside agency assigned to operate in the capacity of a bouncer and/or security at
the at the aforesaid bar/night club premises located at 78-14 Roosevelt Avenue, Jackson Heights,
in the County of Queens, City and State of New York.
33. That the Defendant, MARCO G. ESPINOZA, had the duty to ensure that while
acting in the capacity of a bouncer and/or security the aforesaid bar/night club, his actions, acts,
activities and behavior would not lead to serious injury to a patron(s).
34. That upon information and belief, the Defendants, "JOHN DOE #1 and JOHN
DOE#2, were employees of Defendant, HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-
TTE, employed in the capacity of bouncer and/or security personnel at the at the aforesaid
bar/night club premises located at 78-14 Roosevelt Avenue, Jackson Heights, in the County of
Queens, City and State of New York.
35. That upon information and belief, the Defendants, JOHN DOE #1 and JOHN
DOE#2, were employees of the Defendant, NYCHEVILLO-TTE, employed in the capacity of
bouncer and/or security personnel at the at the aforesaid bar/night club premises located at 78-14
Roosevelt Avenue, Jackson Heights, in the County of Queens, City and State of New York.
36. That upon information and belief, the Defendants, JOHN DOE #1 and JOHN
DOE#2, were employed by an outside agency assigned to operate in the capacity of bouncer
and/or security personnel at the at the aforesaid bar/night club premises located at 78-14 Roosevelt
Avenue, Jackson Heights, in the County of Queens, City and State of New York.
37. That the Defendants, JOHN DOE #1 and JOHN DOE#2, had the duty to ensure
that while acting in the capacity of bouncer and/or security personnel, at the aforesaid
bar/nightclub, their actions, acts, activities and behavior would not lead to serious injury to a
patron(s).
38. That on or about the 28d'
day of October, 2018, the Plaintiff, JOHN ORBE, was a patron within the aforementioned bar/night club.
39. That on or about the 28d'
day of October, 2018, while the Plaintiff, JOHN ORBE, was lawfully standing outside ofthe aforesaid bar/night club waiting for a friend to exit said bar/night
club, he was caused to be injured by the Defendants, MARCO G. ESPINOZA, JOHN DOE #1
and JOHN DOE#2, thereby causing Plaintiff to sustain the serious injuries alleged herein.
40. That said incident and the resultant injuries sustained by the Plaintiff, JOHN ORBE
were due to the negligence of the Defendants, their agents, servants and/or employees. Saic
negligence includes, but is not limited to, failing to exercise proper supervision and direction of thei1
employees, agents and/or servants so as to prevent such an occurrence from taking place; in issuing improper instructions to their employees, agents and/or servants; in failing to properly investigate the background of their employees; in failing to properly care for and protect patrons in and around the premises and more specifically the Plaintiff, JOHN ORBE, all in violation of the Defendants'
duties.
41. That the Defendant, HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-TTE
was vicariously negligent through the acts of its employees, agents and/or servants.
42. That the Defendant, NYCHEVILLO-TTE, was vicariously negligent through the
acts of its employees, agents and/or servants.
43. That the Defendant, HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-TTE
is responsible for the injuries and damages caused by its employee(s), by virtue of the Doctrine of
Respondeat Superior.
44. That the Defendant, NYCHEVILLO-TTE, is responsible for the injuries and
damages caused by its employee(s), by virtue of the Doctrine of Respondeat Superior.
45. That by reason of the aforesaid, the Plaintiff, JOHN ORBE, sustained and suffered certain and severe permanent and personal injuries to his body and limbs, as well as a severe shock
to his nervous system. Said injuries are of a permanent nature, and caused and continue to cause said
Plaintiff to be and become sick, sore, lame and disabled for a long period of time after the occurrence alleged herein.
46. That by reason of the aforesaid, the Plaintiff, JOHN ORBE, has suffered severe, painful and permanent injuries to various parts of her person with accompanying pain, has been
incapacitated and has expended and become obligated to expend sums of money for medical care and attention in an effort to cure himself of his injuries and to alleviate his pain and suffering. The
Plaintiff, JOHN ORBE, was unable, and continues to be unable, to pursue his customary and usual
WHEREFORE, Plaintiff, JOHN ORBE, has sustained injuries and damages in a sum greater than the jurisdictional limits of any lower court and as such, dernands judgment on all causes of action stated herein against the Defendants.
Dated: Rego Park, New York January 3, 2019
Yours, Etc.
NEWMAN, ANZALONE & NEWMAN, LLP By: GREGORY S. NEWMAN, ESQ.
Attorneys for Plaintiff
95-25 Queens Boulevard, 11th Floor Rego Park, NY 11374
(718) 896-2700 File No.: 18-248
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS
JOHN ORBE,
Plaintiff, -against-
HIGH FLYING BIRDS INC. d/b/a NYCHEVILLO-TTE, NYCHEVILLO-TTE, MARCO G.
ESPINOZA, "JOHN DOE #1" and JOHN DOE #2, fictitious names for unknown employees of the
Defendant, HIGH FLYING BIRDS INC. D/B/A NYCHEVILLO-TTE, sad/or the Defendant,
NYCHEVILLO-TTE,
Defendants.
SUMMONS AND COMPLAINT
NEWMAN, ANZALONE & NEWMAN LLP Attorneys for Plaintiff
95-25 Queens Boulevard, 11*
Floor Rego Park, New York 11374
Telephone: (718) 896-2700 Facsimile: (718) 896-2560
Pursuant to 22 NYCRR 130.1-1, the undersigned, an
y admitted to practice in the Courts ofNew York State, certiges that, upon information and beliefand réüsumab/s inqui , the atonisuns co e annexed docurnent are notfrivolous.
Dated:
L'} Signe :
Service ofa copy ofthe within
Dated: Signed:
