Cindy Carrasco vs. TOW & Village of Wappingers FallsSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
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CINDY CARRASCO,
Plaintiff/Petitioner,
- against—
TOWN OF WAPPINGERS FALLS and
VILLAGE OF WAPPINGERS FALLS,
Defendant(s)/Respondent(s).
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Index No. EF012892-2025
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing of
the accompanying documents with the County Clerk via the New York State Courts Electronic Piling System
("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5 -bb of the Uniform Rules for
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exemptions from mandatory e -filing (see below), Failure to record representation may result in an inability to
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Counsel and unrepresented parties who intend to participate in e -filing must first create a NYSCEF
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Dated: January 5, 2025
CARMEN A. MESORANA, ESQ.
SOBA & SOBO, LLP.
To: TOWN OF WAPPINGERS FALLS
VILLAGE OF WAPPINGERS FALLS
ONE DOLSON AVENUE
MIDDLETOWN, NY 10940
(845)343-7626 (Phone)
efile@sobolaw.com (E- Mail)
Received
JAN 0 6 RTO
'�Pf
TOW' Of Wappinger
FILED : ORANGE COUNTY CLERK 12730-7-2-02-5 QaT _40—TR INDEX No. EF012892--2025
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/30/2025
Date of Filing:
Index # EF012892-2025
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
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CINDY CARRASCO,
Plaintiff,
Plaintiff designates Orange County as
the place of trial.
The basis of venue is the Plaintiff's
residence address.
The Plaintiff resides at
44 Hasbrouck Street
Newburgh, NY 12550
SUMMONS
-against-
TOWN OF WAPPINGERS FALLS and
VILLAGE OF WAPPINERS .FALLS,
Defendants.
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To the above-named Defendants:
YOU ARE HEREBY SUMMONED, to answer the complaint in this action and to serve a copy of your
answer, or, if the complaint is not served with this sununons, to serve a notice of appearance, on the
Plaintiff's attorneys within - 20- days after the service of this summons, exclusive of the day of service (or
within 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 appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
Dated: December 30, 2025
Middletown, New York
Defendants' addresses: See Complaint
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SOBO & SOBO, LLP
p,awlW4 ,4 V&t6nag4
Carmen A, .Mesorana, Esq,
Attorneys for Plaintiff
One Dolson Avenue
Middletown, NY 10940
(845)394-2588
FILED: ORANGE COUNTY CLERK 12 30 2025 03:40 P .INDEX NO. EF012852-2025
NYSCEF DOC_ NO. 1 RECEIVED NYSCEF: 12/30/2025
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
-.._---------------------------------------------------------------X index No.: EF012892-2025
CINDY CARRASCO,
Plaintiff,
-against-
TOWN OF WAPPINGERS FALLS and
VILLAGE OF WAPPINGERS PALLS,
Defendants.
----------------------------- ---------------------------- --------- X
VERIFIED
COMPLAINT
Plaintiff, CINDY CARRASCO, by her attorneys, SOBO & SOBO, L.L.P., as and for the
Verified Complaint, herein alleges the following:
1. That at all times hereinafter mentioned, the Plaintiff was and still is a resident of
the County of Orange, State of New York.
2. That at all times hereinafter mentioned, the Defendant, TOWN OF WAPPINGERS
FALLS, was and still is a municipal corporation, created, organized and existing under and by
virtue of the laws of the State of New York.
3. That at all times hereinafter mentioned, the Defendant, VILLAGE OF
WAPPINGERS FALLS, was and still is a municipal corporation, created, organized and existing
under and by virtue of the laws of the State of New 'York.
4. That at all times hereinafter mentioned, upon information and belief, the Defendant,
TOWN OF WAPPINGERS FALLS, was and still is a business entity doing business within the
State of New York.
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5. That at all times hereinafter mentioned, upon information and belief, the Defendant,
VILLAGE OF WAPPINGERS FALLS, was and still is a business entity doing business within
the State. of New York.
6. On or about May 23, 2025, Plaintiff duly served a Notice of Claim upon the
Defendant, TOWN OF WAPPINGERS FALLS, in accordance with the New York State General
Municipal Law.
7. On or about May 23, 2025, Plaintiff duly served a Notice of Claim upon the
Defendant, VILLAGE OF WAPPINGERS FALLS, in accordance with the New York State
General Municipal Law.
8. That the aforementioned Notice of Claim was properly served upon the Defendant,
TOWN OF WAPPINGERS FALLS, within ninety (90) days of the incident hereinafter described.
9. That thirty (30) days have elapsed since the service of the aforementioned Notice
of Claim and Defendant, TOWN OF WAPPINGERS FALLS, has failed to make adjustments
thereon.
10. That the aforementioned Notice of Claim was properly served upon the Defendant,
VILLAGE OF WAPPINGERS FALLS, within ninety (90) days of the incident hereinafter
described.
11. That thirty (30) days have elapsed since the service of the aforementioned Notice
of Claim and Defendant, VILLAGE OF WAPPINGERS PALLS, has failed to make adjustments
thereon.
12. That more than ninety (90) days have elapsed since the service of said Notices of
Claim and hearings(s) pursuant to Sec. 50-h of the General Municipal Law have not been
completed.
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.(FILED: ORANGE COUNTY CLERK 12/30/2025 03:40 P INDEX NO. EF012892-2025
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13. That at all times hereinafter mentioned, upon information and belief, the Defendant,
TOWN OF WAPPINGERS FALLS, was the owner of a certain public thoroughfare/roadway
which existed along the premises located at or near 300 Ketcharntown Road, in the Town of
Wappingers Falls, County of Dutchess, and State of New York.
ld, That at all times hereinafter mentioned, upon information and belief, the Defendant,
VILLAGE OF WAPPINGERS FALLS, was the owner of a certain public thoroughfare/roadway
which existed along the premises located at or near 300 Ketcharntown Road, in the Town of
Wappingers Falls, County of Dutchess, and State of New York
15. That at all times hereinafter mentioned, upon information and belief, the Defendant,
TOWN OF WAPPINGERS FALLS, maintained the aforesaid public thoroughfare/roadway.
16. That at all times hereinafter mentioned, upon information and belief, the Defendant,
VILLAGE OF WAPPINGERS FALLS, maintained the aforesaid public thoroughfare/roadway.
17. That at all times hereinafter mentioned, upon information and belief, the Defendant,
TOWN OF WAPPINGERS FALLS, managed the aforesaid public thoroughfare/roadway,
18. That at all times hereinafter mentioned, upon information and belief, the Defendant,
VILLAGE OF WAPPINGERS FALLS, managed the aforesaid public thoroughfare/roadway.
19. That at all times hereinafter mentioned, upon infonmation and belief, the Defendant,
TOWN OF WAPPINGERS FALLS, controlled the aforesaid public thoroughfare/roadway.
20. That at all times hereinafter mentioned, upon information and belief, the Defendant,
VILLAGE OF WAPPINGERS FALLS, controlled the aforesaid public thoroughfare/roadway.
21. That at all times hereinafter mentioned, it was the duty of Defendant TOWN OF
WAPPINGERS FALLS, its agents servants and/or employees to use reasonable care and diligence
in the management, ownership, maintenance, repair, improvement, care and control of the public
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thoroughfare/roadway at the aforesaid location, and any of the conditions thereon, and at all times
to keep same in a proper and safe condition.
22. - That at all times hereinafter mentioned, it was the duty of Defendant 'VILLAGE OF
WAPPINGERS FALLS, its agents servants and/or employees to use reasonable care and diligence
in the management, ownership, maintenance, repair, improvement, care and control of the public
thoroughfare/roadway at the aforesaid location, and any of the conditions thereon, and at all tunes
to keep same in a proper and safe condition.
26. That on the 12�' day of March 2025, the Plaintiff was walking at the aforesaid.
location when she was caused to be precipitated to the ground due to an uneven, cracked, broken
and defective condition, thereby sustaining severe and serious personal injuries.
27. The negligent, wanton, reckless and careless acts of the Defendants, their agents,
set vants and/or employees were a cause of the accident and resultant injuries,
28. That the Defendants, their agents, servants and/or employees were negligent,
wanton, reckless and careless in, among other things, allowing, causing and/or permitting
dangerous, hazardous, defective, uneven and/or unsafe conditions to exist on the aforesaid
premises; in acting with reckless disregard for the safety of others, and the Defendants, their agents,
servants and/or employees were in other ways negligent, wanton, reckless and careless.
29. That at all times herein mentioned and for some time prior to March 12'x' 2025, the
Defendants, their agents, servants and/or employees had prior written notice of the alleged subject
defective condition of the aforesaid public thoroughfare, roadway and sidewalk which existed at
or near 300 Ketchamtown Road, in the Town of Wappingers Falls, County of Dutchess, and State
of New York, and otherwise had actual notice and knowledge and/or prior written, actual and/or
constructive, notice of the aforementioned dangerous, hazardous and unsafe condition.
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30. That the Defendants, their agents, servants and/or employees had actual and/or
constnictive notice of the dangerous and/or defective conditions in that the conditions existed for
a sufficient length of time prior to the happening of the incident and in the exercise of reasonable
care, the Defendants, servants and/or employees could have and should have had knowledge and
notice thereof and further, the Defendants, their agents, servants and/or employees created said
condition,
31. That at all times hereinafter mentioned, the Defendants, their agents, servants
and/or employees knew about the defective condition, but did not ameliorate the problem in a
timely manner.
32. That at all times hereinafter mentioned, the Defendants, their agents, servants
and/or employees should have known, knew of the condition that existed for a period of time but
still failed to repair it in a timely manner.
33. That at all times hereinafter mentioned, the Defendants, their agents, servants
and/or employees created the dangerous and defective condition.
34. That at all times hereinafter mentioned, the Defendants, their agents, servants
and/or employees breached their duty to Plaintiff by failing to provide a safe sidewalk and/or
roadway for pedestrians to traverse.
35. The limited liability provisions of CPLR 1601 do not apply pursuant to the
exceptions of CPLR 1602, including, but not limited to, 1602(2)(iv), 1602(7) and 1602(11).
36. That by reason of the foregoing, this Plaintiff was caused to sustain severe and
serious personal injuries to her mind and body, some of which, upon information and belief, are
permanent with permanent effects of pain, disability, disfigurement and loss of body function.
Further, this Plaintiff was caused to expend and become obligated for diverse sums of money for
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/30/2025
the purpose of obtaining medical care and/or cure in an effort to alleviate the suffering and ills
sustained as a result of this accident; the Plaintiff further was caused to lose substantial periods of
time from her normal vocation and activities, and upon information and 'belief, may continue in
that way into the future and suffer similar Iosses.
37. That by reason of the foregoing, this Plaintiff has been damaged in a sum that
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this
matter.
WHEREFORE, Plaintiff demands judgment against the Defendants of a sum that exceeds
the jurisdictional limits of all -lower courts which would otherwise have jurisdiction in this matter,
together with the costs and disbursements of this action.
DATED: December 30, 2025
Middletown, New York
TO:
'DOWN OF WAPPINGERS FALLS
Defendant In Person
Wappingers Town Hall
20 Middlebush Road
Wappingers Palls, NY 12590
VILLAGE OF WAPPINGERS FALLS
Defendant in Person
Village Hall
25$2 South Avenue
Wappingers Falls, NY 12590
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CARMEN A. MESORANA, ESQ.
SOBO & SOBO, LLP
Attorneys for Plaintiff
One Dolson Avenue
Middletown, NY 10940
(845) 394-2588
y FILED : ORANGE COUNTY CLERK 12 3fl 2025 03:40 P14 INDEX NO. EF012892-2025
NYSCEF DOC. NO. 1 RECEIVED NYSCEF! 12/30/2025
ATTORNEY VERIFICATION
STATE OF NEW YORK)
}. ss;
COUNTY OF ORANGE}
I, Carmen A. Mesorana, Esq., the undersigned, am an attorney duly admitted to practice law
in the Courts of the State of New York.
As such, I hereby state that the following statements are truthful and accurate pursuant to the
"CPLR" at Sec. 2106 under penalty of perjury:
I am an associate of the law office of SOBO & SOBO, L.L.P., the attorneys retained by
Plaintiff named in the within civil action at bar. I have drafted, prepared, reviewed, and issued the
foregoing annexed document entitled "Verified Summons and Complaint" which was prepared on
Plaintiffs behalf, and I am verily familiar with the contents of same.
Based upon my review of relevant documents within our client's legal file; investigations of the
subject claim for damage; along with many past confidential attorney-client conversations,
discussions and correspondence, be it directly or indirectly; I can and do certify in good faith that the
contents of said document are truthful and accurate to the best of my knowledge, information and
belief, except for those matters which have been alleged on information and belief, and that as to
such claims, I verily believe the same to be truthful as well.
Be advised that the only reason this Verification was made by the undersigned, as attorney of
record, instead of furnishing one by our client, is that an Attorney Verification was used in view of
your Affirmant's ongoing effort to minimize social contacts to help reduce the spread of the SARS 1
COVID -19 disease.
Dated: December 30, 2025
Middletown, New York
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t,ay4tw 14, V&&V14"
Carmen A. Mesorana
FILED : ORANGE COUNTY CLERK 12/30/2025 03: 4 PM INDEX NO. EF012892-2025
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/30/2025
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
CINDY CARRASCO,
Plaintiff,
-against-
TOWN OF WAPPINGERS FALLS, and
VILLAGE OF WAPPINGERS FALLS
Defendants.
SUMMONS AND VERIFIED COMPLAINT
SOBO & SOBO, L.L.P.
Attorneys for Plaintiff
One Dolson Avenue
Middletown, New York 10940
(845) 343-7626
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