Lawsuit Netti vs. TOW 03-03-2021SUPREME COURT OF THE STATE- OF NEW YORK
COUNTY OF DUTCHESS
.._---------------------------__,______..—_...
MATTHEW NFTTI,
- against,
TOWN OF WAPPINGER,
Plaintiff/Petitioner,;.
Defendant/Respondent.
NEAR 0 3 2021
Index No, 2021-50550
NOTICE OF ELECTRONIC FILING
, (Mandatory Case)
(Uniform Rule § 202.5 -bb)
You; have received this Notice because:
1) The Plaintiff/Petitioner, whose name is; listed above, has filed this case u5ins the
New York State Courts E -filing system. ("NYSCEF"), and:
2) You are a Defendant/Respondent (a party) in this case,
r If Lou are re resentedb .an.attorne :
Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2).
• If you'are not represented by an attbrne :
You will be served with all documents in paper and you must serve and fie your
documents In paper, unless you choose to participate in e -filing.
Lf you choose to participate in e -filing, you must have access to a computer and a
scanner or other device to�convert documents into electronic format; a connection
to the internet, and an a -mail address to receive service of documents.
The benefits of participating in a -fling include:
• serving and filing. your documents electronically
• free access to view and print your a -filed documents
• limiting your number of trips to the courthouse
• paying any court fees on -lime (credit card needed)
To register for e;flling or for more information about how e -filing works:
• visit: www.nyrourts.gov/efile-unrepresented or
s contact the Clerk's Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nvcourts.gov
Page 1 of 2 EFM-1
To rind legal,inif rmat'ion t6be"J"pyou represent ypurselfvisit,;www,-.n.yt,'o,.U.tth,'io.lp.qbv
Information for Attorneys:
(E-41fin" is M, ' "d,
I I . g ki -100 ob rV fOr Attorneys)
Mattorney -re amsenting::a part I whois serve, with'thi notioe.mist "e
r,:
I) immediately ediatety, rem—rd his or her representation Mthfn', the: e4iled matter on the
NYSCEiFsItO WWW a &
-,,nypoyrt- go v jefil ; or
2) ke the Wtice of ?pt -OW form-, with the dM* of tht WWI where thi's notion 0
Q;4'.
ng -1j' X, m th n m m , d' t y
Pa an A or' fling are 111mited to
attorneys.,. who =certify in good: faith that the, y lack the rn-vouter hardwire: :aand 1ot
Sear)hdr god-'(Or-'Ihtqm'Ot Ophn" ''fiorfh*tth" Y'100,'k(Oj ng 00e u,
jO_ 0 0 Ot rhmowyeassubj of
to, their dt'rection) the knowledge; - to operate sueh equip m-, entti (Section -2-02. 5-b b�v)]
For A'ddft( hW int'" Otqn about d1bctronjtfIIng ad tore a �N'YC" 7 as runt, visit the
NY CEF website at IA�-.-,ycourt&,r stile or contact, the- NYSGEF Resou, rm, Center
(ptTUhe:S4&386-3G3—&,, d-rhibil- h f
Dated: February 18, 202t a
George J. Szary, Esq.
Nome,
De raff, Foy & Kunz, ILLP
To: Town of Wappinger
41 State Str.,8st,,cuito,,,,90,,I�'
Albany, New York 12207
Address
518-462-5300 Ext. 224
Phone
qszaryAdMawfirm.com
E-MaIl
2/24/20
[nde'x #
go EFM-1
STATE OF NEW YORK
SUPREME COURT COUNTY OF DUTCHESS
MATTHEW NETTI,
-against-
TOW -1 OF WAPPNGER,
Plaintiff,
Defendant.
I TO THE ABOVE-NAMED DEFENDANT:
SUMMONS
Index No.: A
Date Purchase
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your Answer, or ifthe Complaint is not served with this Summons, to serve a Notice of
Appearance, on the Plaintiff's attorney 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 appear or answer, judgment will be taken against you by default for the relief demanded
in the Complaint.
Plaintiff designates Dutchess County as the place. of trial. The basis of the venue is
Plaintiff's residence. Plaintiff resides in Dutchess County, New York.
Dated: Albany, New `York
February 12, 2021
DeGR.AFF, FOY & KUNZ, LLP
LIM
G r 3. zary, Esa.
A ne for plaintiff
41 State street, Sui 4OI
Albany, New York 12207
Tel. (51 S) 462-5300 E
.-
STATE OF NEW YORK
SUPREME COURT COUNTY OF DUTCHESS
MATTHEW NETTI,
Plaintiff, COMPLAINT
-against- Index No.i''.L'
Date Purch" 'ea' `
TOWN OF WAPPINGER,
Defendant.
Plaintiff Mathew Netti, by and through his attorneys, DeGtaff, Foy & Kunz, LLP,,;,
complaining of the defendant, alleges upon information and belief as follows;
PARTIES
E
1. Plaintiff Mathew Netti {"Mr. Netti" or "Plaintiff') is an individual residing at 18
Roberts Lane, Wappingers Falls, NY 12590, in Duchess County, State of New York and has been
a resident at this address at all times mentioned herein.
Z. The Defendant Town of Wappinger ("Defendant Town" or "Defendant") is a F
municipalcorporation which maintains offices at 2Q: Middlebush Road Wappingers Falls, New ,
York 12590, exists under the laws of the State of New York, is a town within the County of ;
Dutchess, and is one of the political subdivisions thereof,
BACKGROUND FACTS
3. The Defendant Town owns, operates, and maintains Robinson Lane Baseball;
Complex ("the Complex"), located at 95 Robertson Lane, Wappingers Falls, New York 12590,
4. At all times relevant hereto, the Defendant Town was responsible for the.
maintenance and upkeep of the Complex.
for ,private use t*u�h the ;,.e en
The Q
�lq,�nplcx baseball field are rented f
TOWR.
6. The Hudson. Valley,Aduft laaseWj Assamatjonnt zd . a fi,qld" r.
re. -IfromthelDefendAnt
T6W-ni f6isa'baseball "'
", A ... ..... ...
emv. u.9ust,.,I;,k2002,.,
7.
On or ar.otaid I P, M. on.: August 16, ZM Mil NN:wt a member Qf-ffie Hudson Valley
"It g. 1", . ,M' in ilia 0 �,'te oned AO','&t; Baseball A$s'p- p'"aidin y 0, g1w, ib
a 1webm Is gme on a
designattd,:..baseb►ti,°eld avom,ex he -'aus d to'the C W—he Was "' f
�v f Wl brcip 0 iie t:nit
properly present in the field and whichcauseds-a hamrdous condition not inhorent. tol, -he, game of
baseball.
ares MOM, Mr, Net -ti W -As OW"I :to:tosustain :zevcm
painful, and debilitating injuries to his right leg.
9. At the tit mofsaid iinjifty-i. to the PlUisfilfff6ft Ot dbbilt Aq449t, 16, 20,270, �61d b4496 all
ficf&' asp, underthc=supervision=:and/or;was:the
ser,vants, and/or employees.
10. M 411 times and places mentionedhereinj Ddendw Town negligently, ca ally,
12.On.;0"obet28,.2.020o,dua approximately 1,30P C Nm,
PprP)(h.M tten, notice of claim, sworn
to by Plaintiff pmuant to General Municipal Law §50-e,, Was duly served on bthalf0'fthc�jajntjff
on: theDefendant Town.
13, On of about January 7,2021, the Defendant Tow.n.conducted heanngs Ptr-guant to
G 'ra � .4 L
the ' I Mv*dip' Law 'Wq
14. 'Me liftflted *ft provi.sions of C" AMple 16 dbn04pply to this action by
virtue rof. orte otmote sof the cxcqtioiits ddhtanned the o in.
15. Ucgsan �v -S
I Pt� -4 logo eh and>3erery alitgation'set- forth in.paragWhr, I
ft-00gh 14 Acke as thou fully set ffifthlerom len,
16. The Deft daht Town,, ditm1 , - d/ � � h- its -d/ c
y an, or >y 9 or InWo ,ye es, was mgl gin -
reek,Iessi-proximately 6causing jhc-'acesan"d on-sctbuspain
p
ring
ai
a)�fikjhfig,
ig� to_pmpopy 4inta n thep
field wbidh;
`j "'d f
b) �f,
9 th p
rn -
0 Aying
3
IT Or.esal I me-94geoO
e. n
Css.
brand through its offiterg, agents, seNtints, dbp*tments, - $ , ff, AnWor other
Personnel Mr. Netti was, caused -w sustain -serious anddebilitaji"g Al
person fujudos, "has
pphpuced- poin, sAtifing,b and economic- los&, and, vn11ozonfinuela-experiance such 16ss in the
future.
reason of thefp'' `,regoing Mr. Uvanamount �n
of
Ower C;QX. 50,001wstUt",
Ic
'upwor tlnextra.
W"POlainfiff dernandsJudgment
against itho beftndWoll the ab-dvt o
Asbursements 4ihi&action,�and! sue,
f, 4 ge,,t,' h` e, r,. m�, ft, h, F� t h e ms
just and proper.
Dated., A$ , NeW York
February 12,2021
12
MORA F,
Alt6OWysfbrpldMq
41 State Sbwt Suite 904
Albany, New, York 1220'7'
TP. 1. (5 18) 462-5 10