"Stumble Inn" Fall Lawsuit

FILED: BRONX COUNTY CLERK 12/16/2019 12:09 PM INDEX NO.
34832/2019E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2019
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF BRONX Index No.:
-------------------------------------------------------------------X Date Filed:
DIANA ORTIZ,
Plaintiff designates Bronx County
Plaintiff, as the place of trial.
-against-
SUMMONS
M.B.R.P. REST. INC. d/b/a THE STUMBLE INN, . .

76™ he basis of venue is:
300 EAST STREET PARTNERS, LLC and
Plaintiff's residence
MNM PROPERTIES, LLC,
Plaintiff resides at
Defendants.
149th
225 East Street, Apt. 8A
-------------------------------------------------------------------X
Bronx, NY 10451
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the Complaint in tits 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 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 the case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
Complaint.
Dated: New York, New York

December 13, 2019
Yours, etc.
BURNS & HARRIS, ESQS.

Attorneys for Plaintiff
By:
Blake G. Goldfarb
233 Broadway, Suite 900
New York, New York 10279
(212) 393-1000
Defendants'
Addresses:
M.B.R.P. REST. INC. d/b/a THE STUMBLE INN
76th
300 East Street, Apt. A2
New York, NY 10021
M.B.R.P. REST. INC. d/b/a THE STUMBLE INN

c/o Secretary of State
1 of 17
FILED: BRONX COUNTY CLERK 12/16/2019 12:09 PM INDEX NO. 34832/2019E
76™
300 EAST STREET PARTNERS, LLC
c/o Mitchell Banchik
76th
300 East Street, Apt. Al
New York, NY 10021
76™
300 EAST STREET PARTNERS, LLC
MNM PROPERTIES, LLC

c/o Michael Asch
76th
300 East Street, Apt. Al
New York, NY 10021
MNM PROPERTIES, LLC

c/o Michael Asch
New York, NY 10024
MNM PROPERTIES, LLC

2 of 17

COUNTY OF BRONX
----------------------- ¬--------- --------X Index No.:
DIANA ORTIZ, . Date Filed:
Plaintiff,
-against-
VERIFIED COMPLAINT
M.B.R.P. REST. INC. d/b/a THE STUMBLE INN,

76™
Defendants.
-------- ¬------X
Plaintiff, complaiñiñg of the defendañts, by and through her attorneys, BURNS &
HARRIS, ESQS., alleges upon information and belief:
1. That at all times mentioned herein, plaintiff, DIANA ORTIZ, was and still is a
resident of the County of Bronx, City and State of New York.
2. That at all times mentioned herein, defendant M.B.R.P. REST. INC. was doing
business as THE STUMBLE INN, located at 1454 Second Avenue, County, City and State of New
York.
3. That at all times mentioned herein, defendant M.B.R.P. REST. INC. was a
domestic business corporation duly existing under and by virtue of the laws of the State of New
York and maiñtained its principal place of business in the County, City and State of New York.
4. That at all times mentioned herein, defendant M.B.R.P. REST. INC. owned the
premises known as 1454 Second Avenue, County, City and State of New York.
5. That at all times mentioned herein, defendant M.B.R.P. REST. INC. was a
commercial tenant at the premises known as 1454 Second Avenue, County, and State of New
City
3 of 17
76™
pursuant to a written lease agreement with co-defendants 300 EAST STREET
York,
PARTNERS, LLC and/or MNM PROPERTIES, LLC.
6. That at all times mentioned herein, defendant M.B.R.P. REST. INC. was the
owner/operator of THE STUMBLE INN, located at 1454 Second Avenue, County, City and State
of New York.
7. That at all times mentioned herein, defendañt M.B.R.P. REST. INC. d/b/a THE
STUMBLE INN, its agents servants and/or employees, maintained the premises located at 1454
Second Avenue, County, City and State of New York.
8. That at all times mentioned herein, defendant M.B.R.P. REST. INC. d/b/a THE
STUMBLE INN, its agents, servants and/or employees, managed the premises located at 1454
STUMBLE INN, its agents, servants and/or employees, operated the premises located at 1454
STUMBLE INN, its agents, servants and/or employees, maiñtained the premises located at 1454
STUMBLE INN, its agents, servants and/or employees, supervised the premises located at 1454
2nd Avenue, County, City and State of New York.
12. That at all times mentioned herein, it was the duty of defendant M.B.R.P. REST.
INC. d/b/a THE STUMBLE INN, its agents, servants and/or employees, to maintain the premises
4 of 17
and interior stairways at 1454 Second Avenue, County, City and State of New York in a reasonably
safe condition and in good repair.
INC. d/b/a THE STUMBLE INN, its agents, servants and/or employees, to prevent the aforesaid
premises/interior stairways from becomiñg dangerous, defective, hazardous, unsafe, uneven,
broken, worn, poorly maintained, dilapidated, inadequately illuminated and/or excessively
slippery with a tripping/slipping hazard(s) present thereat.
INC. d/b/a THE STUMBLE INN, its agents, servants and/or employees, to provide for the safety,
protection and well-being of lawful patrons at the aforesaid premises utilizing the interior
stairways.
INC. d/b/a THE STUMBLE INN, its servants, agents and/or employees, to provide reas0ñably
safe and properly maintained interior stairways for lawful patrons at the aforesaid premises.
STUMBLE INN, its agents, servants and/or employees, failed to maintain the premises and interior
stairways at 1454 Second Avenue, County, City and State of New York in a reasonably safe
condition and in good repair.
STUMBLE INN, its agents, servants and/or employees, failed to prevent the aforesaid
premises/interior stairways from becoming dâñgerous, defective, hazardous, unsafe, uneven,
5 of 17
STUMBLE INN, its agents, servants and/or employees, failed to provide for the safety, protection
and well-being of lawful patrons at the aforesaid premises utilizing the interior stairways.
STUMBLE INN, its servants, agents and/or employees, failed to provide reasonably safe and
properly maintained interior stairways for lawful patrons at the aforesaid premises.
76™
20. That at all times mentioned herein, defendant 300 EAST STREET
PARTNERS, LLC was a domestic limited liability company duly existing under and by virtue of
the laws of the State of New York and maintained its principal place of business in the County,
City and State of New York.
76™
PARTNERS, LLC owned the premises known as 1454 Second Avenue, County, City and State of
New York.
22.
76™
That at all times mentioned herein, defendant 300 EAST STREET
PARTNERS, LLC was the owner/operator of THE STUMBLE INN, located at 1454 Second
Avenue, County, City and State of New York.
23. That
76™
at all times mentioned herein, defendant 300 EAST STREET
PARTNERS, LLC, its agents, servants and/or employees, maintaked the premises located at 1454
24. That at all 76™

times mentioned herein, defendant 300 EAST STREET
PARTNERS, LLC, its agents, servants and/or employees, managed the premises located at 1454
6 of 17
76™
its servants and/or employees, operated the premises located at 1454

PARTNERS, LLC, agents,
76™
PARTNERS, LLC, its agents, servants and/or employees, maintained the premises located at 1454
76™
PARTNERS, LLC, its agents, servants and/or employees, supervised the premises located at 1454
2nd Avenue, County, City and State of New York.
76™
28. That at all times mentioned herein, it was the duty of defeñdant 300 EAST
STREET PARTNERS, LLC, its agents, servants and/or employees, to maintain the premises and
interior stairways at 1454 Second Avenue, County, City and State of New York in a reasonably
76™
29. That at all times mentioned herein, it was the duty of defendant 300 EAST
STREET PARTNERS, LLC, its agents, servants and/or employees, to prevent the aforesaid
premises/interior stairways from becoming dangerous, defective, hazardous, unsafe, uneven,
broken, worn, poorly maintaiñed, dilapidated, inadequately illuminated and/or excessively
30. That at all 76™

times mentioned herein, it was the duty of defendant 300 EAST
STREET PARTNERS, LLC, its agents, servants and/or employees, to provide for the safety,
protection and well-being of lawful pâtrons at the aforesaid premises the interior
utiliñng
stairways.
7 of 17
76™
31. That at all times mentioned herein, it was the duty of defendant 300 EAST
STREET PARTNERS, LLC, its servants, agents and/or employees, to provide reasonably safe and
maintained interior stairways for lawful patrons at the aforesaid premises.

properly
76™
PARTNERS, LLC, its agents, servants and/or employees, failed to maintain the premises and
interior stairways at 1454 Second Avenue, County, City and State of New York in a reasonably
76™
PARTNERS, LLC, its agents, servants and/or employees, failed to prevent the aforesaid
premises/interior stairways from becoreiñg dangerous, defective, hazardous, unsafe, uneven,
broken, worn, poorly maintained, dilapidated, inadequately ilhmhad and/or excessively
76™
PARTNERS, LLC, its agents, servants and/or employees, failed to provide for the safety,
protection and well-being of lawful patrons at the aforesaid premises utilizing the interior
stairways.
76™
PARTNERS, LLC, its servants, agents and/or employees, failed to provide reasonably safe and
properly rñaiñtained interior stairways for lawful patrons at the aforesaid premises.
36. That at all times mentioned herein, defendant MNM PROPERTIES, LLC was a
domestic limited liability company duly existing under and by virtue of the laws of the State of
New York and maiñtsiñêd its principal place of business in the County, City and State of New
York.
8 of 17
37. That at all times mentioned herein, defendant MNM PROPERTIES, LLC owned
the premises known as 1454 Second Avenue, County, City and State of New York.
38. That at all times mentioned herein, defendant MNM PROPERTIES, LLC was the
agent for the premises known as 1454 Second Avenue, County, City and State of New
managing
York.
39. That at all times mentioned herein, defendant MNM PROPERTIES, LLC was the
owner/operator of THE STUMBLE INN, located at 1454 Second Avenue, County, City and State
of New York.
40. That at all times mentioned herein, defendant MNM PROPERTIES, LLC, its
agents, servants and/or employees, maintained the premises located at 1454 Second Avenue,
County, City and State of New York.
agents, servants and/or employees, managed the premises located at 1454 Second Avenue, County,
agents, servants and/or employees, operated the premises located at 1454 Second Avenue, County,
agents, servants and/or employees, maintained the premises located at 1454 Second Avenue,
County, City and State of New York.
agents, servants and/or employees, supervised the premises located at 1454 2nd Avenue, County,
9 of 17
45. That at all times mentioned herein, it was the duty of defendant MNM
PROPERTIES, LLC, its agents, servañts and/or employees, to maintain the premises and interior
stairways at 1454 Second Avenue, County, City and State of New York in a reasonably safe
condition and in good repair.
PROPERTIES, LLC, its agents, servants and/or employees, to prevent the aforesaid
presses/interior stairways from becoming dangerous, defective, hazardous, unsafe, uneven,
PROPERTIES, LLC, its agents, servants and/or employees, to provide for the safety, protection
and well-being of lawful patrons at the aforesaid premises utilizing the interior stairways.
PROPERTIES, LLC, its servants, agents and/or employees, to provide reasonably safe and
properly maiñtained interior stairways for lawful patrons at the aforesaid premises.
49. That at all times mentioned herein, defeñdañt MNM PROPERTIES, LLC, its
agents, servants and/or employees, failed to maintain the premises and interior stairways at 1454
Second Avenue, County, City and State of New York in a reasoñably safe condition and in good
repair.
agents, servants and/or employees, failed to prevent the aforesaid premises/interior stairways from
becoming dangerous, defective, hazardous, unsafe, uneven, broken, worn, poorly asiñtsiñed,
10 of 17
dilapidated, illuminated and/or excessively slippery with a tripping/slipning

inadequately
hazard(s) present thereat.
agents, servants and/or employees, failed to provide for the safety, protection and well-being of
lawful patrons at the aforesaid premises utilizing the interior stairways.
servants, agents and/or employees, failed to provide reasonably safe and properly maintained
interior stairways for lawful patrons at the aforesaid premises.
53. That on October 19, 2018, plaintiff, DIANA ORTIZ, was lawfully present at the
premises/THE STUMBLE INN located at 1454 Second Avenue, County, City and State of New
York.
54. That on October 19, 2018, plaintiff, DIANA ORTIZ, was caused to fall and be
injured while lawfully present at the premises/THE STUMBLE INN located at 1454 Second
Avenue, County, City and State of New York.
injured while lawfully present at the premises/THE STUMBLE INN due to the aforesaid
premises/interior stairway's negligently designed, maintained and/or repaired condition(s).
injured while lawfully present at the premises/THE STUMBLE INN due to the aforesaid
premises/interior stairway's dangerous, defective, hazardous, unsafe, uneven, broken, worn,
poorly maiiitalised, dilapidated, inadeqately illuminated and/or excessively slippery condition(s)
with a tripping/slipping hazard(s) present thereat.
11 of 17
57. That on October 19, 2018, and for an unreasonably long period of time prior
the aforesaid premises/interior stairway remained in its negligently desigñêd, maintained

thereto,
and/or repaired condition(s), and each defendant, its agents, servants and/or employees, carelessly
failed to fix or remedy same.
58. That on October 19, 2018, and for an unreasonably long period of time prior
thereto, the aforesaid premises/interior staliway remained in its dangerous, defective, hazardous,
unsafe, uneven, broken, worn, poorly maintained, dilapidated, inadequately illuminated and/or
excessively slippery condition(s) with a tripping/slipping hazard(s) present thereat, and each
defendant, its agents, servants and/or employees, carelessly failed to fix or remedy same.
59. That prior to plaintiff's accident, each defendant, its agents, servants and/or
employees, had actual and/or constructive notice of the negligently designed, main+ëned and/or
repaired condition(s) of the aforesaid premises/interior stairway and carelessly failed to fix,
remedy or warn patrons of same.
employees, had actual and/or constructive notice of the aforesaid premises/interior stairway's
dangerous, defective, hazardous, unsafe, uneven, broken, worn, poorly maintained, dilapidated,
inadequately illuminated and/or excessively slippery condition(s) with a tripping/slipping
hazard(s) present thereat, and carelessly failed to fix, remedy or warn patrons of same.
employees, caused and created the negligently designed, maintaked and/or repaired condition(s)
of the aforesaid premises/interior stairway and carelessly failed to fix, remedy or warn patrons of
same.
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employees, caused and created the aforesaid premises/interior stairway's dangerous, defective,
uneven, broken, worn, maintained, dilapidated, inadequately illuminated

hazardous, unsafe, poorly
and/or with a tripping/slipping hazard(s) present thereat and

excessively slippery condition(s)
carelessly failed to fix, remedy or warn patrons of same.
63. That each defendant, its agents, servants and/or employees, failed to comply with
applicable statutes, ordinances, rules, codes, standards and/or regulations, thereby causing
plaintiff's accident and resulting injuries.
64. That by reason of the foregoing, plaintiff, DIANA ORTIZ, was caused to fall and
be seriously and permanently injured.
65. That plaintiff's accideñt and resulting injuries were caused by each defendant's
respective negligence in its ownership, operation, maiñteñañce, management, repair, supervision,
inspection and/or control of the aforesaid premises/interior stairway; in failing to provide the
plaintiff with a safe and proper place to enter/exit; in failing to make necessary and required repairs
to the aforesaid premises/interior stairway; in failing to properly warn the plaintiff of the hazards
along the interior stairway mentioned herein; in carelessly failing to remedy the stairway's
dangerous, defective, hazardous, unsafe, uneven, broken, worn, poorly maintained, dilapidated,.
inadequately illuminated and/or excessively slippery condition(s) with respect to the aforesaid
interior stairway despite having actual and/or constructive notice of same for an unreasonably long
period of time prior to plaintiff's incident; and in carelessly causing and creating the stairway's
dangerous, defective, hazardous, unsafe, uneven, broken, worn, poorly maintained, dilapidated,
inadequately illuminated and/or excessively slippery condition(s) with respect to the aforesaid
interior stairway involved in plaintiff's accident.
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66. That by reason of the foregoing, plaintiff, DIANA ORTIZ, was severely injured
and damaged, rendered, sick, sore, lame and disabled, sustained severe nervous shock and mental
anguish, great physical pain and emotional upset, some of which injuries are permañeñt in nature
and duration, and plaintiff will be permanently caused to suffer pain, inconvenience and other
effects of such injuries; plaintiff iñcurred and in the future will necessarily incur further hospital
and/or medical expenses in an effort to be cured of said injuries; plaintiff incurred and in the
future will incur lost wages, earnings and earñiñgs potential; and plaintiff will be unable to pursue
her usual duties with the same degree of efficiency as prior to tits occurrence, all to plaintiff's
great damage.
67. Pursuant to CPLR Section 1602(2)(iv), defendants are jointly and severally liable
for all of plaintiff's damages, including but not limited to plaintiff's non-economic loss,
irrespective of the provisions of CPLR Section 1601, by reason of the fact that defendants owed
plaintiff a non-delegable duty of care.
68. Pursuant to CPLR Section defend ante are jointly and liable
1602(2)(iv), severally
for all of plaintiff's damages, including but not limited to plaintiff's non-economic loss,
irrespective of the provisions of CPLR Section 1601, by reason of the fact that defendants are
vicariously liable for the negligent acts and omissions of each other and/or others who caused or
contributed to plaintiff's damages.
69. That by reason of the foregoing, plaintiff has been damaged in an amount exceeding
the monetary jurisdictional limits of any and all lower Courts that would otherwise have
jurisdiction herein, in an amount to be determined upon the trial of this action.
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WHEREFORE, plaintiff demands judgment against the defendants in an amount
exceeding the monetary jurisdictional limits of any and all lower Courts that would otherwise have
jurisdiction, in an amount to be determined upon the trial of this action, together with the costs and
disbursements of this action.

December 13, 2019
Yours, etc.
By:
Blake Goldfarb
(212) 393-1000
15 of 17
ATTORNEY VERIFICATION
BLAKE GOLDFARB, an attorney duly admitted to practice law in the Courts of the State
of New York, shows:
I am the attorney for the plaintiff in the within action and have read the foregoing
SUMMONS and COMPLAINT the contents thereof; the same is true upon information and
belief.
Its verification is made by its affiant and not by said plaintiff because said plaintiff reside(s)
in a County other than the County wherein your affiant maintains his office.
The grounds of affiant's knowledge and belief are as follows: Conference with clients and
notes and records contained in the file maintained in the regular course of business.
The undersigned affirms that the foregoing statements are true under the penalties of
perjury.

December 13, 2019
BLAKE GOLDFARB
16 of 17
Index No.:

COUNTY OF BRONX
--==------===-------=============== --=--- _=--=___ .=
DIANA ORTIZ,
Plaintiff,
-against-
M.B.R.P. REST. INC. d/b/a THE STUMBLE INN,

76™
Defendants.
SUMMONS AND VERIFIED COMPLAINT

(212) 393-1000
17 of 17

"Stumble Inn" Fall Lawsuit

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FILED: BRONX COUNTY CLERK 12/16/2019 12:09 PM INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK

M.B.R.P. REST. INC. d/b/a THE STUMBLE INN, . .

To the above-named Defendants:

Dated: New York, New York

BURNS & HARRIS, ESQS.

M.B.R.P. REST. INC. d/b/a THE STUMBLE INN

MNM PROPERTIES, LLC

MNM PROPERTIES, LLC

MNM PROPERTIES, LLC

SUPREME COURT OF THE STATE OF NEW YORK

DIANA ORTIZ, . Date Filed:

M.B.R.P. REST. INC. d/b/a THE STUMBLE INN,

MNM PROPERTIES, LLC,

HARRIS, ESQS., alleges upon information and belief:

resident of the County of Bronx, City and State of New York.

PARTNERS, LLC and/or MNM PROPERTIES, LLC.

Second Avenue, County, City and State of New York.

Second Avenue, County, City and State of New York.

Second Avenue, County, City and State of New York.

Second Avenue, County, City and State of New York.

2nd Avenue, County, City and State of New York.

safe condition and in good repair.

premises/interior stairways from becomiñg dangerous, defective, hazardous, unsafe, uneven,

broken, worn, poorly maintained, dilapidated, inadequately illuminated and/or excessively

slippery with a tripping/slipping hazard(s) present thereat.

condition and in good repair.

premises/interior stairways from becoming dâñgerous, defective, hazardous, unsafe, uneven,

broken, worn, poorly maintained, dilapidated, inadequately illuminated and/or excessively

slippery with a tripping/slipping hazard(s) present thereat.

City and State of New York.

Avenue, County, City and State of New York.

Second Avenue, County, City and State of New York.

24. That at all 76™

Second Avenue, County, City and State of New York.

its servants and/or employees, operated the premises located at 1454

Second Avenue, County, City and State of New York.

Second Avenue, County, City and State of New York.

2nd Avenue, County, City and State of New York.

safe condition and in good repair.

premises/interior stairways from becoming dangerous, defective, hazardous, unsafe, uneven,

broken, worn, poorly maintaiñed, dilapidated, inadequately illuminated and/or excessively

slippery with a tripping/slipping hazard(s) present thereat.

30. That at all 76™

maintained interior stairways for lawful patrons at the aforesaid premises.

safe condition and in good repair.

premises/interior stairways from becoreiñg dangerous, defective, hazardous, unsafe, uneven,

broken, worn, poorly maintained, dilapidated, inadequately ilhmhad and/or excessively

slippery with a tripping/slipping hazard(s) present thereat.

County, City and State of New York.

City and State of New York.

City and State of New York.

County, City and State of New York.

City and State of New York.

condition and in good repair.

presses/interior stairways from becoming dangerous, defective, hazardous, unsafe, uneven,

broken, worn, poorly maintained, dilapidated, inadequately illuminated and/or excessively

slippery with a tripping/slipping hazard(s) present thereat.

dilapidated, illuminated and/or excessively slippery with a tripping/slipning

hazard(s) present thereat.

lawful patrons at the aforesaid premises utilizing the interior stairways.

interior stairways for lawful patrons at the aforesaid premises.

Avenue, County, City and State of New York.