SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY]
[PLAINTIFF NAME(S)], Index No.: ____
Plaintiff(s), VERIFIED COMPLAINT
(PERSONAL INJURY – NEGLIGENCE)
– against –
[DEFENDANT NAME(S)],
Defendant(s).
Plaintiff(s), by and through their attorneys, [PLAINTIFF’S FIRM NAME], allege(s) upon knowledge as to their own acts and upon information and belief as to all other matters, as follows:
[// GUIDANCE: Insert additional plaintiffs/defendants as necessary. For corporate parties, include state of incorporation and principal place of business. For municipal entities, ensure statutory notice-of-claim prerequisites (Gen. Mun. Law §§ 50-e, 50-i) have been satisfied and pleaded.]
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I. DOCUMENT HEADER
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Parties
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a natural person residing at [ADDRESS], County of [COUNTY], State of New York.
1.2 Defendant [DEFENDANT NAME] (“Defendant”) is [a natural person / a domestic corporation / a foreign corporation authorized to do business in New York], with a principal place of business at [ADDRESS]. -
Jurisdiction & Venue
2.1 This Court has subject-matter jurisdiction pursuant to N.Y. Const. art. VI, § 7 and N.Y. C.P.L.R. § 301.*
2.2 Venue is proper in [COUNTY] County under C.P.L.R. § 503(a) because [at least one party resides here / the accident occurred here].
[// GUIDANCE: If Defendant is a municipality, venue rules differ (C.P.L.R. § 504).]
- Jury Demand
3.1 Pursuant to C.P.L.R. § 4102(a), Plaintiff demands a trial by jury on all issues so triable.
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II. DEFINITIONS
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For purposes of this Complaint, the following terms have the meanings set forth below:
“Accident” means the incident that occurred on [DATE OF ACCIDENT] at or near [LOCATION].
“Premises” means the real property, structure(s), appurtenances, and surrounding areas located at [PREMISES ADDRESS].
“Defendant” refers collectively to all named defendants unless the context indicates otherwise.
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III. OPERATIVE FACTUAL ALLEGATIONS
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Background Facts
4.1 On [DATE OF ACCIDENT] at approximately [TIME], Plaintiff was lawfully present on the Premises.
4.2 At that time and place, Plaintiff [describe activity—e.g., “was walking along the designated pedestrian pathway”] when [describe the hazardous condition or negligent act].
4.3 Defendant created and/or had actual or constructive notice of the hazardous condition yet failed to remedy it or warn lawful visitors. -
Negligence Standard
5.1 Defendant owed Plaintiff a non-delegable duty to exercise reasonable care under the circumstances to maintain the Premises in a reasonably safe condition so as to prevent foreseeable injury.
5.2 Defendant breached said duty by, inter alia, [enumerate acts/omissions—e.g., failing to maintain, inspect, repair, warn]. -
Causation & Damages
6.1 Defendant’s foregoing breach was the direct and proximate cause of the Accident and of Plaintiff’s severe and permanent injuries, including but not limited to [summarize injuries].
6.2 As a consequence, Plaintiff has suffered and continues to suffer economic damages (e.g., medical expenses, lost wages) and non-economic damages (e.g., pain and suffering, loss of enjoyment of life).
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IV. FIRST CAUSE OF ACTION — NEGLIGENCE
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- Plaintiff repeats and realleges Paragraphs 1 through 6 as if fully set forth herein.
- Defendant’s aforesaid acts and omissions constituted negligence under New York common and statutory law, entitling Plaintiff to recovery of all legally compensable damages.
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V. JOINT & SEVERAL LIABILITY ALLEGATIONS
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- To the extent that multiple defendants are determined to be tortfeasors, Plaintiff pleads the applicability of joint and several liability consistent with C.P.L.R. art. 16.
- Should any defendant be found 50% or less at fault, such defendant’s liability for non-economic damages may be limited to its equitable share except as otherwise excluded by C.P.L.R. § 1602.
[// GUIDANCE: If alleging vicarious liability, add separate paragraphs (e.g., respondeat superior, agency, negligent hiring).]
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VI. DAMAGES PRAYER
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- Pursuant to C.P.L.R. § 3017(c), Plaintiff does not state a sum certain but seeks an award that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this matter.
- Plaintiff seeks:
a. Compensatory damages in an amount to be determined by the trier of fact;
b. Pre-judgment and post-judgment interest as allowed by law;
c. Costs and disbursements of this action, including reasonable attorneys’ fees where recoverable; and
d. Such other and further relief as the Court deems just and proper.
[// GUIDANCE: New York does not impose statewide caps on personal-injury damages. Insert tailor-made cap language only where a statutory cap (e.g., Public Authorities Law) or contractual limitation applies.]
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VII. LIMITED INJUNCTIVE RELIEF (OPTIONAL)
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- To the extent equitable relief is necessary to prevent ongoing harm (e.g., compelling Defendant to abate a continuing dangerous condition), Plaintiff requests narrowly tailored injunctive relief consistent with C.P.L.R. § 6301.
[// GUIDANCE: Injunctive relief is atypical in negligence PI cases; include only if facts support future harm.]
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VIII. GENERAL PLEADING COMPLIANCE
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- All conditions precedent to the commencement of this action have been performed or have occurred.
- Plaintiff reserves the right to amend this Complaint pursuant to C.P.L.R. § 3025.
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IX. PRAYER FOR RELIEF
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WHEREFORE, Plaintiff demands judgment against Defendant as set forth in Section VI supra, together with such other and further relief as the Court may deem just and proper.
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X. DEMAND FOR JURY TRIAL
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Pursuant to C.P.L.R. § 4102(a), Plaintiff hereby demands a trial by jury on all issues so triable.
DATED: [CITY], New York
[DATE]
[PLAINTIFF’S FIRM NAME]
Attorneys for Plaintiff
By: _________
[ATTORNEY NAME], Esq.
[ADDRESS]
[TEL]
[EMAIL]
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF ____ )
I, [PLAINTIFF NAME], being duly sworn, deposes and says: I am the Plaintiff in the within action; I have read the foregoing Verified Complaint and know the contents thereof; the same are true to my knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true.
[PLAINTIFF NAME]
Sworn to before me this
day of _, 20__.
Notary Public
[// GUIDANCE: A verification is not mandatory but can expedite service under C.P.L.R. § 3018(b) and may be required when suing governmental entities (Gen. Mun. Law § 50-i(1)). Use either a verification or an attorney’s affirmation (C.P.L.R. § 2106) as appropriate.]
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SERVICE INFORMATION (OPTIONAL)
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[// GUIDANCE: Include a proof of service template if you plan to file the Complaint with proof simultaneously. Omit if service will be handled separately.]
END OF TEMPLATE