FILED: BRONX COUNTY CLERK 02/23/ :03 PM INDEX NO /2015E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/23/2016

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1 FILED: BRONX COUNTY CLERK 02/23/ :03 PM INDEX NO /2015E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/23/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX x Index No.: 26676/2015E ANA CACERES, as Administrator for the Estate of decedent, JOAQUIN ANTONIO CACERES, a/k/a AMENDED JOAQUIN A. CACERES JR., and ANA CACERES, VERIFIED individually, COMPLAINT -against- Plaintiffs, CONCOURSE VILLAGE, INC., CONCOURSE VILLAGE STOCKHOLDER ASSOCIATION, INC., WINNRESIDENTIAL (NY) LLC, and MADISON SECURITY GROUP, INC., Defendants x Plaintiffs Ana Caceres, as Administrator for the Estate of decedent, Joaquin Antonio Caceres, a/k/a Joaquin A. Caceres Jr., and Ana Caceres, individually, as and for an amended complaint as against the defendants, Concourse Village, Inc., Concourse Village Stockholder Association, Inc., Winnresidential (NY) LLC, and Madison Security Group, Inc., respectfully allege, upon information and belief, as follows: 1. That at all times hereinafter mentioned, the plaintiff, Ana Caceres, was a resident within the Concourse Village residential building complex, and more particularly, the residential building located at 780 Concourse Village West, Apt. 2J, County of Bronx, City and State of New York (hereinafter, the property ), together with her deceased husband, Joaquin Antonio Caceres, a/k/a Joaquin A. Caceres, Jr. 2. Decedent Joaquin Caceres was a retired US Postal Service employee. 1

2 3. That at all times hereinafter mentioned, plaintiff, Ana Caceres was named the administrator for the Estate of her deceased husband, Mr. Caceres, by the Surrogate s Court of the State of New York, Bronx County on or about August 26, That Defendant Concourse Village Inc. is a New York corporation. 5. That Defendant Concourse Village Stockholder Association Inc. is a New York corporation. 6. That Defendant Winnresidential (NY) LLC is a foreign corporation authorized to do business in the State of New York. 7. At all relevant times, Defendant Concourse Village Inc. owned the Concourse Village complex. 8. At all relevant times, Defendant Concourse Village Inc. managed the Concourse Village complex. 9. At all relevant times, Defendant Concourse Village Inc. controlled the Concourse Village complex. 10. At all relevant times, Defendant Concourse Village Stockholder Association Inc. owned the Concourse Village complex. 11. At all relevant times, Defendant Concourse Village Stockholder Association Inc. managed the Concourse Village complex. 12. At all relevant times, Defendant Concourse Village Stockholder Association Inc. controlled the Concourse Village complex. 13. At all relevant times, Defendant Winnresidential (NY) LLC was the managing agent for the Concourse Village Inc. 2

3 14. At all relevant times, Madison Security Group, Inc., is a corporation formed under the laws of the Commonwealth of Massachusetts, authorized to and is doing business in the State of New York, at 2931 Westchester Avenue, Bronx, New York At all relevant times, there was a written security guard services contract between defendant Concourse Village, Inc. and defendant Madison Security Group, Inc., whereby it was agreed that Madison Security Group, Inc. would provide security services at the Concourse Village complex, including but not limited to, the subject building located at 780 Concourse Village West, Bronx, New York. AS AND FOR A FIRST CAUSE OF ACTION 16. At all times relevant, all defendants owed a duty and were responsible to provide security for the property. 17. At all times relevant, all defendants, its agents, servants and/or employees had a duty to properly operate, maintain and control the property; and to provide adequate security to keep the said area safe and secure for the residents and visitors in the property, including plaintiff s decedent. 18. That at all times relevant, all defendants, its agents, servants and/or employees breached their said duty. 19. Plaintiff and plaintiff s decedent, husband and wife, were residing at the property since in or about 1979, together with their three children. 20. In or about 1998, a man named Sixto Rios, moved into the same building, in apt. 2H, on the same floor, and began to harass the Caceres family; and other building residents. 21. Defendants failed to adequately investigate the background of Rios, and had they done so, they would have discovered pre-existing anti-social and criminal conduct. 3

4 22. After Rios became a resident, Rios, for example, would, among other criminal and antisocial conduct, incessantly bang on the Caceres apartment door, throw food at them, shout profanities at them, publicly urinate, make physical threats of harm, and actually make physical assaults. Rios did similar acts to other building residents. 23. The Caceres family, and others, frequently complained to the property management, and the security office, which did little or nothing to remedy the situation. On several occasions, when Rios was harassing the Caceres family in a particularly belligerent manner, the family, from their apartment, called security, asking them to come to the second floor to stop Rios from harassing them, and security often refused to come. 24. Defendants also had numerous opportunities to being eviction proceedings against Rios, based on his history of criminal and anti-social behavior, but never evicted Rios. 25. On August 15, 2014, Rios repeatedly banged on the Caceres family apartment door at about 9:45 a.m. In response, decedent Joaquin Caceres and Ana Caceres called security, and security said they were not coming. 26. Decedent Joaquin Caceres, seeking to stop the harassment, exited his apartment and stepped into the hallway, where Rios was still located. Rios physically attacked Joaquin Caceres, who was required to defend himself. 27. Joaquin Caceres said, I can t breathe, was under obvious physical distress, and Ana Caceres called 911 seeking emergency medical and ambulance assistance. 28. Emergency medical assistance did come to the Caceres family apartment. Joaquin Caceres was having a heart attack, was conscious for a while, became unconscious, and died in the apartment. He was transported to Jacobi Hospital, Bronx, NY. His funeral was held on August 21, He was 70 years old. 4

5 29. Later, Caceres adult children came to the scene, and Rios began to harass them also. 30. Rios was later arrested by the New York City Police Department. 31. That wholly and solely due to the negligent, wrongful and unlawful commission and omissions of defendants, its agents, servants and/or employees in the ownership, operation, maintenance and control of the property, and the provision of security services, as aforesaid, and their failure to properly investigate Rios s background and allow him to become a building resident; manage and control the harassment of Rios, by properly warning him; having him contacted and/or arrested by the NYC Police Department; having him evicted; responding to security calls made by the Caceres family; and/or taking other remedial action to protect the Caceres family and particularly Joaquin Caceres, the decedent Joaquin Caceres, was severely injured, bruised and wounded, and suffered great conscious physical pain and suffering and great bodily injuries, and became sick, sore, lame and disabled and so remained for a considerable length of time. 32. The amount of damages sought in this Cause of Action exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 33. Plaintiffs repeat, reiterate and reallege each and every allegation contained in paragraphs 1 through 32 as if set forth in full and at length herein. 34. Decedent wrongfully died on August 15, 2014, as a result of the foregoing. 35. That all defendants are additionally liable for all wrongful death damages. 36. The amount of damages sought in this Cause of Action exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 5

6 AS AND FOR A THIRD CAUSE OF ACTION 37. Plaintiffs repeat, reiterate and reallege each and every allegation contained in paragraphs 1 through 36 as if set forth in full and at length herein. 38. That as a result of the incident set forth above, plaintiff Ana Caceres has incurred significant expenses in the death of her husband 39. That plaintiff Ana Caceres has lost the services of her husband Joaquin Caceres. 40. The amount of damages sought in this Cause of Action exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, the plaintiffs Ana Caceres, as Administrator for the Estate of decedent, Joaquin Antonio Caceres a/k/a Joaquin A. Caceres Jr., and Ana Caceres, individually, demand judgment against the defendants as follows: in the First Cause of Action in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction; in the Second Cause of Action in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction; in the Third Cause of Action in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction; together with the costs and disbursements of this action. Dated: February 23, 2016 LAW OFFICES OF GERALD P. GROSS, P.C. /s/ Elliot B. Pasik By: Elliot B. Pasik, of counsel Attorneys for Plaintiffs 366 Pearsall Avenue, Suite 5 Cedarhurst, NY (516)

7 and say that: attorney. ATTORNEY S VERIFICATION I, the undersigned, am an attorney admitted to practice in the Courts of New York State, I am the attorney of record, or of counsel with the attorney(s) of record for the plaintiffs I have read the foregoing Verified Complaint, and know the contents thereof and the same are true to my knowledge, except as to those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge is based upon the following: file. Interviews and/or discussions with the plaintiff(s) and papers and/or documents in the The reason I make this affirmation instead of plaintiff(s) is because said plaintiff(s) reside(s) outside of the county from where your deponent maintains his office for the practice of law. Dated: Cedarhurst, New York February 23, 2016 /s/ Elliot B. Pasik Elliot B. Pasik 7

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