FILED: WESTCHESTER COUNTY CLERK 10/05/2015 10:31 AM INDEX NO.

66217/2015
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/05/2015

SUPREME COURT Of THE STATE OF NEW YORK

COUNTY OF WESTCHESTER
x
ROBERT FALCARO. Index No.: 662 17/2015

Plaintiff, AMENDED VERIFIED

COMPLAINT
-against-

AMERICAN SKATING CENTERS, LLC, AMERICAN

SKATING ENTERTAINMENT CENTERS, LLC, and
MICHAEL G. FLORU,

Defendants.
x

Plaintiff, by his attorneys, RONAI & RONAI, L.L.P., as and for his Amended Verified

Complaint, respectfully alleges, upon information and belief:

AS AND FOR A FIRST CAUSE OF ACTION

1. The plaintiff. ROBERT FALCARO. at all times herein mentioned was and still is a

resident of the County of Westchester and the State of New York.

2. The defendant AMERICAN SKATING CENTERS, LLC. at all times herein

mentioned, was and still is a corporation organized and existing under the laws of the State of New

York, with its principal place of business situated in the County of Westchester and the State of

New York.

3. The defendant, AMERICAN SKATING CENTERS, LLC, at all times herein

mentioned conducted and carried on busitiess in the County of Westchester and the State of New

York.

4. The defendant. AMERICAN SKATING CENTERS. LLC. at all times herein

mentioned was and still is a domestic limited liability company doing business in the County of

Westchester and the State of New York.

 5. At all times herein mentioned, defendant AMERICAN SKATING CENTERS. LLC

transacted business within the State of New York.

6. At all times herein mentioned, defendant AMERICAN SKATING CENTERS, LLC

derived substantial revenue from goods used or consumed or services rendered in the State of New

York.

7. At all times herein mentioned, defendant AMERICAN SKATING CENTERS. LLC

expected or should reasonably have expected its acts to have consequences in the State of New

York.

8. The defendant AMERICAN SKATING ENTERTAINMENT CENTERS. LLC. at

all times herein mentioned, was and still is a corporation organized and existing under the laws of

the State of Delaware.

9. The defendant AMERICAN SKATING ENTERTAINMENT CENTERS. LLC. at

all times herein mentioned. was and still is a corporation organized and existing under the laws of

the State of New York, with its principal place of business situated in the County of Westchester

and the State of New York.

10. The defendant. AMERICAN SKATING ENTERTAINMENT CENTERS. LLC. at

all times herein mentioned conducted and carried on business in the County of Westchester and the

State of New York.

11. The defendant. AMERICAN SKATING ENTERTAINMENT CENTERS. LLC. at

all times herein mentioned was and still is a limited liability company doing business in the County

of Westchester and the State of New York.

12. At all times herein mentioned. defendant AMERICAN SKATING

ENTERTAINMENT CENTERS. LLC transacted business within the State of New York.

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 13. At all times herein mentioned, defendant AMERICAN SKATING
ENTERTAINMENT CENTERS, LLC derived substantial revenue from goods used or consumed

or services rendered in the State of New York.

14. At all times herein mentioned, defendant AMERICAN SKATING

ENTERTAINMENT CENTERS. LLC expected or should reasonably have expected its acts to

have consequences in the State of New York.

15. At all times herein mentioned, defendant AMERiCAN SKATING

ENTERTAINMENT CENTERS. LLC derived substantial revenue from interstate or international
commerce.

16. The defendant MICHAEL G. FLORU, at all times herein mentioned was and still is

a resident of the County of Fairfield and the State of Connecticut.

17. That on or about April 1, 2015, defendant MICHAEL G. FLORU commitied a

tortious act within the State of New York.

18. At all times herein mentioned, defendant MICHAEL G. FLORU transacted

business within the State of New York.

19. At all times herein mentioned, defendant MICHAEL G. FLORU expected or should

reasonably have expected his acts to have consequences in the State of New York.

20. That on or about April 1, 2015, defendant AMERICAN SKATING CENTERS,

LLC owned the premises located at 91 Fairway Park Drive, Elmsford, NY 10523 (hereinafter

known as the “Premises”).

21. That on or about April 1. 2015. defendant AMERICAN SKATING CENTERS.

LLC was one of the owners of the Premises.

22. That on or about April 1, 2015, defendant AMERICAN SKATING CENTERS,

LLC was a lessee of the Premises.

S
 23. That on or about April 1, 2015, defendant AMERICAN SKATING CENTERS.
LLC and/or their servants, agents and/or employees, operated the Premises.

24. That on or about April 1, 2015, defendant AMERICAN SKATING CENTERS.

LLC and/or their servants, agents and/or employees maintained the Premises.

25. That on or about April 1, 2015. defendant AMERICAN SKATING CENTERS.

LLC and/or their servants, agents and/or employees managed the Premises

26. That on or about April 1. 2015, defendant AMERICAN SKATING CENTERS,

LLC and/or their servants, agents and/or employees controlled the Premises.

27. That on or about April 1, 2015, defendant AMERICAN SKATING CENTERS,

LLC and/or their servants, agents and/or employees supervised the Premises.

28. That on or about April 1, 2015, defendant AMERICAN SKATING CENTERS,

LLC operated a skating rink at the premises.

29. That on or about April 1. 2015. defendant AMERICAN SKATING CENTERS.

LLC ran an adult men’s hockey league at the premises.

30. That on or about April 1. 2015. defendant AMERICAN SKATING

ENTERTAINMENT CENTERS, LLC owned the premises.

31. That on or about April 1, 2015, defendant AMERICAN SKATING

ENTERTAINMENT CENTERS, LLC was one of the owners of the Premises.

32. That on or about April 1, 2015, defendant AMERICAN SKATING

ENTERTAINMENT CENTERS. LLC was a lessee of the Premises.

33. That on or about April 1, 2015, defendant AMERICAN SKATING

ENTERTAINMENT CENTERS. LLC and/or their servants, agents and/or employees, operated the

Premises.

6
 34. That on or about April 1, 2015, defendant AMERICAN SKATING
ENTERTAINMENT CENTERS, LLC and/or their servants, agents and/or emplo
yees maintained
the Premises.

35. That on or about April 1, 2015, defendant AMERICAN SKATING

ENTERTAINMENT CENTERS, LLC and/or their servants, agents and/or employees
managed the
Premises

36. That on or about April 1, 2015, defendant AMERICAN SKATING

ENTERTAINMENT CENTERS. LLC and/or their servants, agents and/or employees
controlled
the Premises.

37. That on or about April 1. 2015, defendant AMERICAN SKATING

ENTERTAINMENT CENTERS. LLC and/or their servants, agents and/or employees superv
ised
the Premises.

3$. That on or about April 1, 2015, defendant AMERICAN SKATING

ENTERTAINMENT CENTERS. LLC operated a skating rink at the premises.

39. That on or about April 1, 2015. defendant AMERICAN SKATING

ENTERTAINMENT CENTERS, LLC ran an adult men’s hockey league at the premises.

40. That on April 1. 2015 at approximately 10:00 p.m.. Plaintiff ROBERT FALCARO
was lawfully upon the premises.

41. That on April 1, 2015, defendant MICHAEL G. FLORU, was an employee,

servant, and/or agent of defendant AMERICAN SKATING CENTERS, LLC.

42. That on April 1. 2015. defendant MICHAEL G. FLORU, was an employee.

servant, and/or agent of defendant AMERICAN SKATING ENTERTAINMENT CENT

ERS.
LLC.

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 43. That on April 1, 2015 at approximately 10:00 p.m., defendant MICHAEL G.
FLORU was acting within the scope of his employment with defendant AMERICAN SKATING
CENTERS, LLC.

44. That on April 1, 2015 at approximately 10:00 p.m., defendant MICKAEL G.

FLORU was acting within the scope of his employment with defendant AMERICAN SKATING

ENTERTA1NMENT CENTERS, LLC.

45. That on April 1,2015, while plaintiff ROBERT FALCARO was lawfully upon the

premises, he was caused to be injured as a result of the negligence of the defendants, their agents,

servants and/or employees.

46. The aforesaid incident and the injuries resulting therefrom to the plaintiff,

ROBERT FALCARO, were caused solely and wholly by reason of the negligence of defendants,

their agents, servants and/or employees without any negligence on plaintifrs part contributing

thereto.

47. By reason of the foregoing. ROBERT FALCARO was severely injured and

damaged. sustained severe nervous shock and mental anguish. great physical pain and emotional

upset, some of which injuries are believed to be permanent in nature and duration, and ROBERT

FALCARO will be permanently caused to suffer pain, inconvenience and other effects of such

injuries ROBERT FALCARO incurred and in the future will necessarily incur ftirther hospital

and/or medical expenses in an effort to be cured of said injuries; and ROBERT FALCARO will be

unable to pursue ROBERT FALCARO s usual duties with the same degree of efficiency as prior

to this accident, all to ROBERT FALCARO ‘s great damage.

48. This action falls within one oi. more of the exceptions set forth in Section 1602 of

the Civil Practice Law and Rules.

49. That as a result of the foregoing. plaintiff has been damaged in an amount

exceeding the jurisdictional limit of all lower courts.

x
 AS AND FOR A SECOND CAUSE Of ACTION

50. Plaintiff repeats and realteges each and every allegation contained in paragraphs

numbered “1 “through “49” of the Complaint as if fcdly set forth at length herein.

51. Defendant AMERICAN SKATING CENTERS, LLC had a duty to use reasonable

care to select an employee who was competent and fit to perform the dLlties required as an

employee.

52. Defendant AMERICAN SKATING CENTERS. LLC owed scich duty to Plaintiff

and such duty was breached.

53. Defendant AMERICAN SKATING CENTERS. LLC knew, or should have

known, that defendant MICHAEL G. FLORU would be likely to act in a negligent and reckless

manner.

54. Defendant AMERICAN SKATING CENTERS, LLC knew, or should have

known, that defendant MICHAEL G. FLORU was not competent or fit for the duties required of

him as an employee.

55. Defendant AMERICAN SKATING CENTERS, LLC breached its duty to use

reasonable care to select and retain an employee that was competent and fit for the position.

56. As a result, Defendant AMERICAN SKATING CENTERS, LLC is negligent in

the hiring and retaining defendant MICHAEL G. FLORU.

57. Defendant AMERICAN SKATING ENTERTAINMENT CENTERS, LLC had a

duty to use reasonable care to select an employee who was competent and fit to perform the

duties reqciired as an employee.

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 58. Defendant AMERICAN SKATING ENTERTAINMENT CENTERS. LLC owed

such duty to Ptaintiff and such duty was breached.

59. Defendant AMERICAN SKATING ENTERTAINMENT CENTERS, LLC knew,

or should have known, that defendant MICHAEL G. FLORU would be likely to act in
a negligent
and reckless manner.

60. Defendant AMERICAN SKATING ENTERTAINMENT CENTERS, LLC knew,

or should have known. that defendant MICHAEL G. FLORU was not competent or fit for
the
dcities required of him as an employee.

61. Defendant AMERICAN SKATING ENTERTAINMENT CENTERS, LLC

breached its duty to use reasonable care to select and retain an employee that was competent
and
fit for the position.

62. As a result, Defendant AMERICAN SKATING ENTERTAINMENT CENTERS.

LLC is negligent in the hiring and retaining defendant MICHAEL G. FLORU.

63. This action falls within one or more of the exceptions set forth in Section 1602 of

the Civil Practice Law and Rules.

64. That as a result of the foregoing, plaintiff has been damaged in an amount

exceeding the jurisdictional limit of all lower courts.

W H E R E F 0 R E, Plaintiff demands judgment against defendants in amounts

exceeding the jurisdictional limits of all lower courts: together with costs and disbursements
of
this action.

Dated: Port Chester, New York

October 2,2015

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By: Robert J. Menna, Esq.
RONAI & RONAI, LL.P.
Attorneys for Plaintiff
The Ronai Building
34 Adee Street
Port Chester, New York I 0573
(914) 824-4777

11
 SUPREME COURT Of THE STATE Of NEW YORK
COUNTY Of WESTCHESTER

ROBERT FALCARO, Index No.: 66217/2015

Plaintiff, INDIVIDUAL
VERIFICATLON
-against-

AMERICAN SKATING CENTERS. LLC and AMERICAN

SKATING ENTERTAINMENT CENTERS, LLC,

Defendants.
x

STATE Of NEW YORK )

) ss.:
COUNTY Of WESTCHESTER )
ROBERT FALCARO, being duly sworn, deposes and says:

I have read the foregoing GiThnd know the contents thereof and
the sane is true to the best of my kiowledge, except as to those matters herein stated to be alleged
upon information and belief and that as to those matters, I believe them to he true.

xw/awçjJ
ROBERT FAL 0

Sworn to before me this

2L dayofOck..r,201’

4 ---— ROBERT] MENNA

Notary Public, State of New York
NOTARY PUBLIC
Qualified in Westchester County
Commission Expires August ii, 2OJ
SUPREME COURT OF THE STATE OF NEW YORK
COUJ”.TY OF WESTCHESTER
Index No. 662 17/2015

ROBERT FALCARO,
Plaintiff,

-against-

AMERICAN SKATING CENTERS, LLC, AMERICAN

SKATING ENTERTAINMENT CENTERS, LLC, and
MICHAEL G. FLORU,

Defendants.

SUPPLEMENTAL SUMMONS and AMENDED VERIFIED COMPLAINT

RONAI & RONAI, LLP.

Attorneys for Plaintiff
The Ronai Building
34 Adee Street
Port Chester. New York 10573
(914) 824-4777