SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF KINGS BNOIS SPINKA, a religious corp., parent company of YESHIVA NACHLAS ZVI OF KROLLE X Plaintiff, -against- CONGREGATION YETEV LEV OF SATMAR, parent company of SATMAR CENTRAL MATZOH BAKERY, INC. Defendant, IndexNo. 137 eshy SUMMONS Plaintiff's Address: 127 Wallabout Street Brooklyn, NY The basis of the venue designated is: Plaintiff's Address YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve copy of your Answer on the Plaintif?’s 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 Answer, judgment will be taken against you by default for the relief demanded in the annexed Complaint with interest from the date the cause of action arose, costs, disbursements and attorneys fees. Dated: New York, New York June 3, 2009 Abou a aia Law Firm Attomeys for Plaintift 60 East 42” Street, Suite 2231 ‘New York, NY 10165 (212) 684-1422 iSiomstaieds enh lMa on cieelidliaccls used Th ae |SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - =X Index No. BNOIS SPINKA, a religious corp., parent company of ‘YESHIVA NACHLAS ZVI OF KROLLE COMPLAINT Plaintiff, -against- CONGREGATION YETEV LEV OF SATMAR, parent company of SATMAR CENTRAL MATZOH BAKERY, INC. Defendant. “Plintfby its atormey Aboulafia Law Fitm LLC, as and for its Complaint, herein alleges upon information and belief as follows: ils Atall times hereinafter mentioned Plaintiff BNOIS SPINKA, a religious corp., parent company of YESHIVA NACHLAS ZVI OF KROLLE (“BNOIS") is a corporation duly existed in the state of New York and having a principle place of business at 127 Wallabout Street, Brooklyn, NY. 2 Atall times hereinafter mentioned Defendant CONGREGATION YETEV LEV OF SATMAR, parent company of SATMAR CENTRAL MATZOH BAKERY, INC. (“SATMAR’) is @ corporation duly existed in the state of New York AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT SATMAR : 3. On or about November 15, 2007, the Plaintiff and Defendant entered into an agreement, leasing the premises known 2s 799 Kent Avenue, Brooklyn, NY, the lower floor and upper floor (“premises”) to the Defendant, commencing on December 3, 2007 until after the upcoming Passover holiday. 4 ‘The Defendant intended to use the premises as a bakery for the purpose of baking Passover Matzos,| { 6. & % 10. ti 1 13. Pursuant to the agreement, the Defendant is responsible to maintain the premises in good condition. On or before February 18, 2008, Defendant breached said duty. On or about February 18, 2008 duty to the failure of the Defendant to properly ‘maintain the premises, a fire occurred at the premises. Asa result of the loss, Plaintiff has sustained damages in the sum of at least Four Hundred Eighty Thousend One Hundred Forty-Four Dollars and Thirteen Cents ($480,144.13) AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT SATMAR Plaintiff repeats, reiterates and realleges each end every allegation contiained in Paragraphs One through Bight hereof, inclusive, with the same force and effect as though the same were more fully set forth herein, Defendant had an obligation to properly maintain the premises, including the operations of its equipment, including the ovens As a result of Defendant's negligence a fire occurred at the Premises. As a result of the loss and negligence of the Defendant, Plaintiff has sustained damages in the sum of at least Four Hundred Eighty Thousand One Hundred Forty Four Dollars and Thirteen Cents ($480,144.13). AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT SATMAR Plaintiff repeats, reiterates and realleges each and every allegation contiained in Paragraphs One through Twelve hereof, inclusive, with the same force and effect as though the same were more fully set forth herein.