FILED: CHAUTAUQUA COUNTY CLERK 03/10/2020 09:34 AM INDEX NO.

EK12020000407
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020

STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

CLAUDIA P. RILEY
184 Temple Street

Fredonia, NY 14063,

Plaintiff, SUMMONS

v. Index No.:

SYRACUSE UNIVERSITY
900 South Crouse Avenue

Syracuse, NY 13244,

Defendant.

TO THE ABOVE NAMED DEFENDANT:

YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve

a copy of your Answer on the Plaintiffs Attorneys within 20 days after the service of this

Summons, exclusive of the day of service (or within 30 days after the service if this Summons is

not personally delivered to you within the State) and in case of your failure to Answer, Judgment

will be entered against you by default for the relief demanded in the Complaint. Plaintiffs

complaint against you is in excess of the jurisdictional limits of al er Courts for causes of

action based upon negligence. Chautauqua County is designat(d t e lace of trial based upon

the Plaintiff's residence therein.

DATED: March 9, 2020

Èdward A. G bson, Esq.

WILLIAM MATTAR, P.C.

Attorneys for Plaintiff

Office and Post Office Address

6720 Main Street, Suite 100

Williamsville, NY 14221-5986

(716) 633-3535

1 of 5
FILED: CHAUTAUQUA COUNTY CLERK 03/10/2020 09:34 AM INDEX NO. EK12020000407
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020

STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

CLAUDIA P. RILEY,

Plaintiff, COMPLAINT

v. Index No.:

SYRACUSE UNIVERSITY,

Defendants.

The Plaintiff, CLAUDIA P. RILEY, by her attorneys, WILLIAM MATTAR, P.C., as

and for her complaint against the Defendant, SYRACUSE UNIVERSITY, herein, alleges:

1) That the plaintiff, CLAUDIA P. RILEY, is currently a residst of the County of

Chautauqua and State of New York.

2) Upon information and belief, Defendant, SYRACUSE UNIVERSITY, was and is

a private research university existing under and by virtue of the laws of the State of New York,

with its principal place of business located in Syracuse, New York in the County of Onondsga,

and with agents for service of process located in the City of Syracuse and State of New York, also

in the County of Onondaga.

3) At all times hereinafter mentioned, Defendant, SYRACUSE UNIVERSITY,

owned the aforementioned premises known as Schine Student Center located at 303 University

Place, City of Syracuse, and State of New York.

2 of 5
FILED: CHAUTAUQUA COUNTY CLERK 03/10/2020 09:34 AM INDEX NO. EK12020000407
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020

4) At all times hereinafter mentioned, Defendant, SYRACUSE UNIVERSITY,

maintained the aforementioned premises known as Schine Student Center located at 303

University Place, City of Syracuse, and State of New York.

5) At all times hereinafter mentioned, Defendant, SYRACUSE UNIVERSITY,

inspected the aforementioned premises known as Schine Student Center located at 303 University

Place, City of Syracuse, and State of New York.

6) At all times hereinafter mentioned, Defendant, SYRACUSE UNIVERSITY,

controlled the aforementioned premises known as Schine Student Center located at 303 University

Place, City of Syracuse, and State of New York.

7) At all times hereinafter mentioned, Defendant, SYRACUSE UNIVERSITY, hired

employees and/or personnel for the purposes of repairing and maintaining said premises known as

Schine Student Center located at 303 University Place, City of Syracuse, and State of New York.

8) At all times hereinafter mentioned, Defendant, SYRACUSE UNIVERSITY,

operated said premises known as Schine Student Center located at 303 University Place, City of

Syracuse, and State of New York.

9) That on or about July 21, 2017, Plaintiff CLAUDIA P. RILEY, while lawfully upon

the aforementioned premises was caused to trip and fall on the sidewalk thereby causing her to

sustain severe and permanent personal injuries as a result of the carelessness and negligence of

Defendant herein, including their agents, servants and/or employees.

10) Upon information and belief and at all times hereinafter mentioned, the Defendant,

SYRACUSE UNIVERSITY through their agents, servants, representatives and/or employees had

3 of 5
FILED: CHAUTAUQUA COUNTY CLERK 03/10/2020 09:34 AM INDEX NO. EK12020000407
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020

actual notice and knowledge of the dangerous and defective conditions on the premises hereinafter

mentioned, or created said dangerous conditions, or said conditions had existed for such a long

period of time prior to the happening of this accident that Defendant could and should have had

such knowledge and notice.

11) That the aforementioned incident was caused or contributed to solely and wholly

due to the negligence and carelessness on the part of Defendant, SYRACUSE UNIVERSITY,

without any negligence on the part of Plaintiff contributing thereto.

12) Upon information and belief this action falls within one or more of the exceptions

enumernated in Article 16 of the CPLR and/or said article is inapplicable to the within action.

13) That as a result of the foregoing, Plaintiff, CLAUDIA P. RILEY, was rendered sick,

sore, lame and disabled; suffered injuries both intemal and external; suffered from and contiñües

to experience pain and suffering; was compelled to seek medical attention and care; all to her

damage in a sum in excess of the jurisdictional limits of the lower courts of the State of New York.

WHEREFORE, the Plaintiff, CLAUDIA P. RILEY, demands Judgment against the

Defendants, SYRACUSE UNIVERSITY, herein in an amount that exceeds the jurisdictional

limits of all lower Courts which would otherwise have jurisdiction, together with the costs and

disbursements of said action and any such other and further relief as the Court may deem just

4 of 5
FILED: CHAUTAUQUA COUNTY CLERK 03/10/2020 09:34 AM INDEX NO. EK12020000407
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020

and proper.

DATED: March 9, 2020

Edward A. GibsohEsq.

WILLIAM MATTAR, P.C.

Attorneys for Plaintiff

Office and Post Office Address

6720 Main Street, Suite 100

Williamsville, NY 14221-5986

(716) 633-3535

5 of 5