SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS
----------------------------------------------------------------------X Index No.
DAVID JIMENEZ,
Date Purchased:
Plaintiff,

-against- SUMMONS
Plaintiff designates
BROOKLYN BAR PARTNERS, L.L.C., BROOKLYN Kings County as the
BAR PARTNERS, L.L.C. d/b/a BAR MATCHLESS and place of trial.
DARRILL L. MATHIS,
The basis of venue is
Plaintiffs Residence.
Defendants.
Plaintiff resides at:
452 40
th
Street
Apt. #1B
Brooklyn, NY 11232
---------------------------------------------------------------------X
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 summons, to serve a notice of
appearance on the Plaintiffs attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within
the state, or, within 30 days after completion of service where service is made in any other
manner. 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: Great Neck, New York
June 4, 2014

______________________________
JOSHUA LEVIN-EPSTEIN, ESQ.
Sheehan & Associates, P.C.
Attorneys for Plaintiff
2 Cutter Mill Road
Suite 200
Great Neck, NY 11021
Tel: (516) 246-2446
Fax: (516) 234-7800
josh@spencersheehan.com

FILED: KINGS COUNTY CLERK 06/04/2014
INDEX NO. 505132/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2014
TO:

BROOKLYN BAR PARTNERS, L.L.C.
d/b/a BAR MATCHLESS
557 Manhattan Avenue
Brooklyn, NY 11222

BAR MATCHLESS
557 Manhattan Avenue
Brooklyn, NY 11222

DARRILL L. MATHIS
1193 Eastern Parkway
Apt. 4A
Brooklyn, NY 11213
































SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------X Index No.
DAVID JIMENEZ,
Date Purchased:
Plaintiff,

-against- VERIFIED COMPLAINT

BROOKLYN BAR PARTNERS, L.L.C., BROOKLYN
BAR PARTNERS, L.L.C. d/b/a BAR MATCHLESS
and DARRILL L. MATHIS,

Defendants.
----------------------------------------------------------------X

Plaintiff, by his undersigned attorneys, Sheehan & Associates, P.C., as and for his
Verified Complaint, states as follows:
INTRODUCTION

1. Plaintiff DAVID JIMENEZ on December 14 and 15, 2013 was a patron at
Defendant BAR MATCHLESS, which is a bar operated by Defendant BROOKLYN BAR
PARTNERS, L.L.C., located in Kings County, New York. On the overnight of December
14-15, 2013, the Plaintiff DAVID JIMENEZ was seriously assaulted and battered at BAR
MATCHLESS by Defendant DARRILL L. MATHIS an employee or contractor of BAR
MATCHLESS.
THE PARTIES

2. At all times herein mentioned, the Plaintiff DAVID JIMENEZ is an
individual who resided at and is presently residing at 452 40
th
Street, Apt. #1B, in Kings
County, New York.
3. Upon information and belief, at all times herein mentioned, the Defendant
BROOKLYN BAR PARTNERS, L.L.C. was and continues to be a domestic limited
liability company duly organized under the laws of the State of New York.
4. Upon information and belief, at all times herein mentioned, the Defendant
BROOKLYN BAR PARTNERS, L.L.C. conducted business under the assumed name BAR
MATCHLESS at the premises commonly known and designated as 557 Manhattan Avenue,
Brooklyn, New York 11222 (hereinafter, the Premises).
5. Upon information and belief, at all times hereinafter mentioned, the Defendant
DARRILL L. MATHIS is an individual who resided in and is presently residing in the
County of Kings, State of New York.
6. Upon information and belief, at all times herein mentioned, the Defendant
BROOKLYN BAR PARTNERS, L.L.C. operated a liquor establishment at the Premises.
7. Upon information and belief, at all times herein mentioned, the Defendant
BROOKLYN BAR PARTNERS, L.L.C. managed a liquor establishment at the Premises.
8. Upon information and belief, at all times herein mentioned, the Defendant
BROOKLYN BAR PARTNERS, L.L.C. supervised a liquor establishment at the Premises.
9. Upon information and belief, at all times herein mentioned, the Defendant
BAR MATCHLESS operated a liquor establishment at the Premises.
10. Upon information and belief, at all times herein mentioned, the Defendant
BAR MATCHLESS managed a liquor establishment at the Premises.
11. Upon information and belief, at all times herein mentioned, the Defendant
BAR MATCHLESS supervised a liquor establishment at the Premises.
12. Upon information and belief, at all times herein mentioned, the Defendant
BAR MATCHLESS its agents, servants and/or employees controlled the Premises.
13. Upon information and belief, at all times herein mentioned, the Defendant
BROOKLYN BAR PARTNERS L.L.C. its agents, servants and/or employees controlled the
Premises.
14. The Defendant BROOKLYN BAR PARTNERS, L.L.C. through themselves,
their servants, agents and/or employees, had a duty to use reasonable care and diligence in the
ownership, management, maintenance, and operation of the Premises.
15. The Defendant BAR MATCHLESS, through themselves, their servants, agents
and/or employees, had a duty to use reasonable care and diligence in the ownership, management,
maintenance, and operation of the Premises.
16. The Defendant BROOKLYN BAR PARTNERS, L.L.C., by themselves, their
servants, agents and/or employees, had a duty to make and keep safe the Premises, for those
persons lawfully frequenting the Premises, including the Plaintiff DAVID JIMENEZ.
17. The Defendant BAR MATCHLESS, by themselves, their servants, agents
and/or employees, had a duty to make and keep safe the Premises, for those persons
lawfully frequenting the Premises, including the Plaintiff DAVID JIMENEZ.
18. The Defendant DARRILL L. MATHIS, at all time hereinafter mentioned was
an employee or contractor of the Defendant(s) BROOKLYN BAR PARTNERS, L.L.C. and/or
BAR MATCHLESS who assaulted and/or battered the Plaintiff DAVID JIMENEZ as alleged
in the complaint.
19. Upon information and belief, at all times herein mentioned, the Defendant
DARRILL L. MATHIS was employed by the Defendant BROOKLYN BAR PARTNERS,
L.L.C. as security/bouncer at the aforementioned Premises.
20. Upon information and belief, at all times herein mentioned, the Defendant
DARRILL L. MATHIS was employed by the Defendant BAR MATCHLESS as
security/bouncer at the aforementioned Premises.
21. Upon information and belief, at all times herein mentioned, the Defendant
DARRILL L. MATHIS was acting as Defendant BROOKLYN BAR PARTNERS, L.L.C.s
agent and within the scope of authority during the assault of Plaintiff DAVID JIMENEZ.
22. Upon information and belief, at all times herein mentioned, the Defendant
DARRILL L. MATHIS was acting as Defendant BAR MATCHLESSs agent and within the
scope of authority during the assault of Plaintiff DAVID JIMENEZ.
JURISDICTION AND VENUE

23. This Court has subject matter jurisdiction with respect to the causes of action
set forth herein, and all damages sustained as alleged exceed the jurisdictional limits of all lower
Courts. Venue is proper pursuant to C.P.L.R. 503 based on the location of Plaintiffs
residence, and upon information and belief, at all times herein mentioned, all acts and
omissions alleged herein occurred in Kings County, New York.
BACKGROUND AND FACTS

24. Upon information and belief, on or about December 14 and 15, 2013 at
approximately 1:00 A.M., the Plaintiff was lawfully upon the Premises commonly known and
designated as the BAR MATCHLESS located at 557 Manhattan Avenue, Brooklyn, New York
11222, in Kings County, New York.
25. Upon information and belief, at the time herein mentioned, the Defendant
DARRILL L. MATHIS did maliciously assault, batter, and beat the Plaintiff with his hands
and fists and kicked the Plaintiff thereby causing the Plaintiff to sustain serious personal
injury.
26. Upon information and belief, on December 15, 2013 at approximately 1:00 A.M.,
the Plaintiff DAVID JIMENEZ was caused to suffer an unprovoked and unwarranted assault and
battery by Defendant DARRILL L. MATHIS, thereby sustaining severe and serious personal
injuries through the negligence of the Defendants, its agents, servants and/or employees, as
set forth herein.
27. Upon information and belief, at all times mentioned herein, the Defendants
BROOKLYN BAR PARTNERS, L.L.C. and/or BAR MATCHLESS permitted a dangerous
and incompetent person such as DARRILL L. MATHIS to serve as an employee or
contractor at the Premises.
28. Upon information and belief, at all times mentioned herein, the Defendants
BROOKLYN BAR PARTNERS, L.L.C. and/or BAR MATCHLESS permitted and allowed a
person such as DARRILL L. MATHIS to continue as an employee or contractor when such
employee or contractor was known or should have been known to be unfit as a security
guard/bouncer, and, in fact, DARRILL L. MATHIS constituted a danger and menace to the
Plaintiff DAVID JIMENEZ and the general public.
29. Upon information and belief, at the time herein mentioned, the Defendants
BROOKLYN BAR PARTNERS, L.L.C. and BAR MATCHLESS had knowledge or should
have known that the employees and/or contractors of BAR MATCHLESS had acted aggressively,
intimidated, and acted physically towards the patrons of BAR MATCHLESS.
30. Upon information and belief, at all times herein mentioned, the Defendant
DARRILL L. MATHIS acted within the scope and in furtherance of his employment or
contractual duties with the Defendants BROOKLYN BAR PARTNERS, L.L.C.
31. Upon information and belief, at all times herein mentioned, the Defendant
DARRILL L. MATHIS acted within the scope and in furtherance of his employment or
contractual duties with the Defendant BAR MATCHLESS.
32. Upon information and belief, during the course of the assault and battery of
Plaintiff DAVID JIMENEZ, the Defendant DARRILL L. MATHIS did strike the Plaintiff
DAVID JIMENEZ many times about his face and body.
33. In spite of Plaintiff DAVID JIMENEZs attempts to submit and retreat,
Defendant DARRILL L. MATHIS violently pursued Plaintiff DAVID JIMENEZ throughout
the Premises, from a bathroom located within the Premises to the entryway of the Premises,
and pummeled Plaintiff DAVID JIMENEZ inside and outside of the Premises.
AS AND FOR A FIRST CAUSE OF ACTION
(Battery Against All Defendants)

34. The Plaintiff DAVID JIMENEZ repeats and re-alleges each and every
allegation set forth in paragraphs 1 through 33 above as if set forth fully at length herein.
35. Upon information and belief, the Defendant DARRILL L. MATHIS intended to
cause and did cause harmful contact with the Plaintiff DAVID JIMENEZs person.
36. The Plaintiff DAVID JIMENEZ did not consent to the Defendant DARRILL
L. MATHIS's act or contact.
37. As a direct and proximate result of the Defendant DARRILL L. MATHIS's
conduct, the Plaintiff DAVID JIMENEZ sustained serious personal injuries.
38. As a direct and proximate result of the Defendant DARRILL L. MATHISs
conduct, the Plaintiff DAVID JIMENEZ suffered and continues to suffer pain, humiliation,
fright, mental anguish, emotional distress, and general damages in the amount that exceeds
the jurisdictional limits of the lower courts.
39. As a direct and proximate result of the Defendant DARRILL L. MATHISs
conduct, the Plaintiff DAVID JIMENEZ has expended and will continue to expend sums of
money for medical services and treatment.
40. As a direct and proximate result of the Defendant DARRILL L. MATHISs
conduct, Plaintiff DAVID JIMENEZ suffered loss in earnings.
41. Defendant DARRILL L. MATHISs acts were done knowingly, willfully and
with malicious intent, and the Plaintiff is entitled to punitive damages in an amount to be
determined by the Court and further relief as the Court deems just and proper.
AS AND FOR A SECOND CAUSE OF ACTION
(Assault Against All Defendants)

42. The Plaintiff repeats and re-alleges each and every allegation set forth in
paragraphs 1 through 41 above as if set forth fully at length herein.
43. The Defendant DARRILL L. MATHIS intended to cause and did cause
Plaintiff to suffer apprehension of an immediate harmful contact.
44. As a direct and proximate result of Defendant DARRILL L. MATHIS's
conduct, the Plaintiff sustained severally and/or independent of each other, the following:
injuries, pain and suffering, humiliation, fright, mental anguish, emotional distress/trauma, and
general damages.
45. The Defendant DARRILL L. MATHIS's act was done knowingly, willfully and
with malicious intent, and the Plaintiff is entitled to punitive damages in an amount to be
determined by the Court and further relief as the Court deems just and proper.
AS AND FOR A THIRD CAUSE OF ACTION
(Negligent Hiring & Selection Against Defendants BROOKLYN BAR
PARTNERS, L.L.C. and BAR MATCHLESS)

46. The Plaintiff repeats and re-alleges each and every allegation set forth in
paragraphs 1 through 45 above as if set forth fully at length herein.
47. Upon information and belief, the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS was/were negligent in its/their hiring,
training, and selection of the Defendant DARRILL L. MATHIS as an employee or contractor
for management, security, and other positions.
48. Upon information and belief, the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS was/were negligent in its/their hiring,
training, and selection of the Defendant DARRILL L. MATHIS as security/bouncer.
49. Upon information and belief, the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS were negligent or careless or reckless in failing
to conduct adequate background checks and other investigation to assure that the Defendant
DARRILL L. MATHIS was properly trained and/or was certified to be employed, hired or act
as a security guard/bouncer.
50. Upon information and belief, as a result of the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C.'s and/or BAR MATCHLESS' negligence or carelessness or recklessness
in the hiring, selection and/or training of the Defendant DARRILL L. MATHIS, the Plaintiff
sustained serious personal injuries.
51. As a result of the foregoing negligence carelessness and/or recklessness, the
Plaintiff suffered and continues to suffer pain, limited/restricted use and movement of his body
parts, humiliation, fright, mental anguish, emotional distress, and general damages in the amount
of which exceeds the jurisdictional limits of the lower court.
52. As a direct and proximate result of the Defendant BROOKLYN BAR
PARTNERS, L.L.C.'s and/or BAR MATCHLESS' negligence, carelessness and/or
recklessness, the Plaintiff has expended and will continue to expend sums of money for
medical services and treatment.
53. As a direct and proximate result of the Defendant BROOKLYN BAR
PARTNERS, L.L.C.'s and/or BAR MATCHLESS' negligence, carelessness or recklessness,
Plaintiff suffered loss in earnings.
AS AND FOR A FOUTH CAUSE OF ACTION
(Negligent Supervision Against Defendants BROOKLYN BAR
PARTNERS, L.L.C. and BAR MATCHLESS)

54. The Plaintiff repeats and re-alleges each and every allegation set forth in
paragraphs 1 through 53 above as if set forth fully at length herein.
55. Upon information and belief, the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS was/were negligent, careless and/or reckless
in its/their supervision of its/their employees or contractors, including the Defendant
DARRILL L. MATHIS, for management, security, and other positions.
56. Upon information and belief, the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS was/were negligent, careless and/or reckless
as managers and/or supervisors in failing to adequately establish policies and/or procedures to
supervise its/their employees and/or agents, including the Defendant DARRILL L. MATHIS, in
the proper manner to interact with patrons at the Defendants' bar.
57. Upon information and belief, the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS was/were negligent, careless and/or reckless
as managers and/or supervisors in failing to adequately establish policies and/or procedures for
its/their employees and/or agents, including the Defendant DARRILL L. MATHIS.
58. Upon information and belief, the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS discouraged its employees and/or agents from
reporting physical assaults which occur in or flow from the bar in order to avoid allegations
which would endanger or jeopardize the businesses liquor license.
59. Upon information and belief, the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS failed to adequately supervise its/their
employees and/or agents, including the Defendant DARRILL L. MATHIS, so to prevent them
from using unnecessary or excessive physical force in enforcing a patron's compliance with the
bar's house rules.
60. Upon information and belief, the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS failed to adequately supervise its/their
employees and/or agents, including the Defendant DARRILL L. MATHIS, so to prevent them
from pursuing patrons onto public property once the patron has left the premises of the
Defendants.
61. That as a result of the Defendant(s) BROOKLYN BAR PARTNERS, L.L.C.'s
and/or BAR MATCHLESS' negligent, careless and/or reckless supervision of its employees,
including the Defendant DARRILL L. MATHIS, the Plaintiff sustained serious personal
injuries.
62. As a result of the foregoing negligence or carelessness or recklessness the
Plaintiff suffered and continues to suffer pain, limited/restricted use and movement of his body
parts, humiliation, fright, mental anguish, emotional distress, and general damages in the amount
which exceeds the jurisdictional limits of the lower court.
63. As a result of the foregoing negligence, carelessness or recklessness, the
Plaintiff has expended and will continue to expend sums of money for medical services and
treatment.
64. As a result of the foregoing negligence, carelessness and/or recklessness, the
Plaintiff suffered loss in earnings.
AS AND FOR A FIFTH CAUSE OF ACTION
(Negligent Training Against Defendants BROOKLYN BAR
PARTNERS, L.L.C. and BAR MATCHLESS)

65. The Plaintiff repeats and re-alleges each and every allegation set forth in
paragraphs 1 through 64 above as if set forth fully at length herein.
66. Upon information and belief, the Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS was/were negligent, careless and/or reckless
in its/their retention of employees and managers in failing to implement or maintain
policies and procedures to discipline and/or terminate employees, including the Defendant
DARRILL L. MATHIS who displayed inappropriate aggressive and/or assaultive tendencies
in dealings with patrons.
67. The Defendant(s) BROOKLYN BAR PARTNERS, L.L.C. and/or BAR
MATCHLESS owed a duty to its/their patrons, including the Plaintiff, to retain only
employees and/or agents who were not unreasonably aggressive in contact with patrons.
68. The Defendant(s) BROOKLYN BAR PARTNERS, L.L.C. and/or BAR
MATCHLESS owed a duty to its/their patrons, including the Plaintiff, to protect and keep
patrons safe from employees and/or agents who have aggressive and/or assaultive tendencies.
69. Upon information and belief, at all times herein mentioned, the Defendant(s)
BROOKLYN BAR PARTNERS, L.L.C. and/or BAR MATCHLESS had breached its/their duty
to the Plaintiff.
70. That by reason of the foregoing, the Plaintiff sustained serious personal
injuries.
71. As a result of the foregoing, the Plaintiff suffered and continues to suffer pain,
limited/restricted use and movement of his body parts, humiliation, fright, mental anguish,
emotional distress, and general damages in the amount that exceeds the jurisdictional limits
of the lower courts.
72. As a result of the foregoing negligence, carelessness or recklessness, the
Plaintiff has expended and will continue to expend sums of money for medical services and
treatment.
73. As a result of the foregoing, the Plaintiff suffered loss in earnings.

AS AND FOR A SIXTH CAUSE OF ACTION
(Negligent Retention Against Defendants BROOKLYN BAR
PARTNERS, L.L.C. and BAR MATCHLESS)

74. The Plaintiff repeats and re-alleges each and every allegation set forth in
paragraphs 1 through 73 above as if set forth fully at length herein.
75. Upon information and belief, at all times herein mentioned, the Defendants
BROOKLYN BAR PARTNERS, L.L.C., BAR MATCHLESS, and DARRILL L. MATHIS
were negligent, careless and/or reckless in that they directly or indirectly used, or permitted the
use, of excessive force in their efforts to remove the Plaintiff from the premises located at 557
Manhattan Avenue, Brooklyn, New York 11222.
76. That by reason of the foregoing, the Plaintiff sustained serious personal
injuries.
77. As a result of the foregoing, the Plaintiff suffered and continues to suffer pain,
limited/restricted use and movement of his body parts, humiliation, fright, mental anguish,
emotional distress, and general damages in the amount that exceeds the jurisdictional limits
of the lower courts.
78. As a result of the foregoing negligence, carelessness or recklessness, the
Plaintiff has expended and will continue to expend sums of money for medical services and
treatment.
79. As a result of the foregoing, the Plaintiff suffered loss in earnings.

AS AND FOR A SEVENTH CAUSE OF ACTION
(Respondeat Superior Against BROOKLYN BAR PARTNERS,
L.L.C. and BAR MATCHLESS)

80. The Plaintiff repeats and re-alleges each and every allegation set forth in
paragraphs 1 through 79 above as if set forth fully at length herein.
81. Upon information and belief, at all times herein mentioned, the Defendant
DARRILL L. MATHIS caused injuries to the Plaintiff while the Defendant DARRILL L.
MATHIS was acting within the scope of his employment and/or retention by the Defendant(s)
BROOKLYN BAR PARTNERS, L.L.C. and/or BAR MATCHLESS.
82. Upon information and belief, at all times herein mentioned, the Defendant
DARRILL L. MATHIS caused injuries to the Plaintiff while the Defendant DARRILL L.
MATHIS was acting in furtherance of the Defendant(s) BROOKLYN BAR PARTNERS,
L.L.C.'s and/or BAR MATCHLESS' business.
83. That the Defendant(s) BROOKLYN BAR PARTNERS, L.L.C. and/or BAR
MATCHLESS are jointly and/or severally liable for the actions and/or omissions of their
employees and/or managers, including the Defendant DARRILL L. MATHIS, under the
doctrine of respondeat superior.
AS AND FOR AN EIGHTH CAUSE OF ACTION
(I ntentional Infliction of Emotional Distress Against All Defendants)

84. The Plaintiff repeats and re-alleges each and every allegation set forth in
paragraphs 1 through 83 above as if set forth fully at length herein.
85. Upon information and belief, at all times herein mentioned, Defendant
DARRILL L. MATHISs conduct with respect to Plaintiff DAVID JIMENEZ was intentional,
extreme, and outrageous. Plaintiff DAVID JIMENEZ is further informed and believes, and
thereon alleged, that such actions were done with the intent to cause serious emotional distress
or with reckless disregards of the probability of causing Plaintiff DAVID JIMENEZ serious
emotional distress.
86. Upon information and belief, at all times herein mentioned, as a result of the
actions of the employees, contractors and/or manager(s) of Defendant(s) BROOKLYN BAR
PARTNERS, L.L.C. and/or BAR MATCHLESS, Plaintiff DAVID JIMENEZ has suffered and
continues to suffer emotional distress.
87. As a direct, legal and proximate result of such acts of Defendants, Plaintiff
DAVID JIMENEZ suffered severe emotional distress.
88. As a direct, legal and proximate result of such acts of Defendants, Plaintiff was
compelled and did employ the services of hospitals, physicians and surgeons, nurses, and the
like, and did incur hospital, medical, professional and incidental expenses.
89. Plaintiff is informed and believed, and upon such information and belief
alleges, that he will necessarily by reason of his injuries, incur additional like expenses for an
indefinite period of time in the future, all to Plaintiffs damage in a sum to shown according
to proof.
AS AND FOR A NINTH AND ALTERNATIVE CAUSE OF ACTION
(Negligent I nfliction of Emotional Distress Against All Defendants)

90. The Plaintiff repeats and re-alleges each and every allegation set forth in
paragraphs 1 through 89 above as if set forth fully at length herein.
91. Upon information and belief, at all times herein mentioned, Defendants owed
Plaintiff a duty to operate and maintain the Premises in such a manner that would not result in
harm to Plaintiff.
92. Defendants breached their duty to Plaintiff by permitting Plaintiff to suffer the
harms alleged herein.
93. The conduct of Defendants was extreme and outrageous, in endangering
Plaintiffs physical safety and/or causing Plaintiff to fear for his physical safety.
94. As a result of the foregoing negligence of the employees, contractors and/or
manager(s) of Defendant(s) BROOKLYN BAR PARTNERS, L.L.C. and/or BAR
MATCHLESS, Plaintiff DAVID JIMENEZ has suffered and continues to suffer severe
emotional distress.
95. As a direct, legal and proximate result of such negligence of Defendants,
Plaintiff DAVID JIMENEZ suffered severe emotional distress.
96. As a direct, legal and proximate result of such acts of Defendants, Plaintiff was
compelled and did employ the services of hospitals, physicians and surgeons, nurses, and the
like, and did incur hospital, medical, professional and incidental expenses.
97. Plaintiff is informed and believed, and upon such information and belief
alleges, that he will necessarily by reason of his injuries, incur additional like expenses for an
indefinite period of time in the future, all to Plaintiffs damage in a sum to shown according
to proof.
AS AND FOR A TENTH CAUSE OF ACTION
(Violation of Article 7A of the General Business Law 89-f (6)
Against All Defendants)

98. The Plaintiff repeats and re-alleges each and every allegation set forth in
paragraphs 1 through 97 above as if set forth fully at length herein.
99. Article 7A, Section 89-f (6) of the General Business Law requires registration
and training of security guards to perform certain security services in the State of New York.
100. Article 7A of the General Business Law, 89-f (6) defines a security guard
as follows:
a person, other than a police officer, employed by a security guard company
to principally perform one or more of the following functions within the
state:

(a) protection of individuals and/or property from harm, theft or other
unlawful activity;
(b) deterrence, observation, detection and/or reporting of incidents in
order to prevent any unlawful or unauthorized activity including but
not limited to unlawful or unauthorized intrusion or entry, larceny,
vandalism, abuse, arson or trespass on property;
(c) street patrol service;
(d) response to, but not installation or service of, a security system alarm
installed and/or used to prevent or detect unauthorized intrusion,
robbery, burglary, theft, pilferage and other losses and/or to maintain
security of a protected premises.

101. Assuming that Defendant DARRILL L. MATHIS was not properly trained
and/or registered in accordance with Article 7A of the General Business Law 89-f (6), as
set forth herein, Defendants BROOKLYN BAR PARTNERS, L.L.C. and/or BAR
MATCHLESS were negligent, careless and or reckless in hiring Defendant DARRILL L.
MATHIS and/or operating in violation of Article 7A, 89-f (6) of the General Business Law.
As a result of the foregoing, the Plaintiff was injured as a direct and proximate result of
Defendants violation of Article 7A of the General Business Law 89- f (6).
CONCLUSION

WHEREFORE, the Plaintiff demands judgment against the Defendants on the FIRST,
SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH, NINTH and TENTH
Cause(s) of Action in the amount of which exceeds the jurisdictional limits of the lower courts,
together with the punitive damages, costs and disbursements of this action, together with any
other and further relief this Court may deem just and proper.
Dated: Great Neck, New York
June 4, 2014



______________________________
JOSHUA LEVIN-EPSTEIN, ESQ.
Sheehan & Associates, P.C.
2 Cutter Mill Road
Suite 200
Great Neck, NY 11021

Attorneys for Plaintiff David Jimenez
































VERIFICATION
STATE OF NEW YORK)
) ss.:
COUNTY OF KINGS )
David Jimenez, being duly sworn, deposes and says:
I am the Plaintiff in the action herein.
I have read the annexed Complaint and know the contents therein, and the same are
true to my knowledge, except those matters therein which are stated to be alleged upon
information and belief, and as to those matters I believe them to be true. My belief as to
those matters therein not stated upon knowledge, is based upon facts, records, and other
pertinent information contained in my personal files.
Dated: Brooklyn, New York
June 4, 2014
Subscribed and sworn to before me
this day of 6"' e ' 2014

...
NOTARY PUBLIC
SHEEHAN
Notary Public, State of New York
No. 02SH6265078
Qualified in Nassau County IL.
Comfl)ission Expires July 9, 20
David Jimenez
Index No:

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS


DAVID JIMENEZ,

Plaintiff,

-against-

BROOKLYN BAR PARTNERS, L.L.C.,
BROOKLYN BAR PARTNERS, L.L.C. d/b/a
BAR MATCHLESS and DARRILL L. MATHIS,

Defendants.



SUMMONS & VERIFIED COMPLAINT



Sheehan & Associates, P.C.
Attorneys for Plaintiff
2 Cutter Mill Road
Suite 200
Great Neck, NY 11021
Tel: (516) 246-2446
Fax: (516) 234-7800
josh@spencersheehan.com




Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts
of New York State, certifies that, upon information, and belief, formed after an inquiry
reasonable under the circumstances, the contentions contained in the annexed documents
are not frivolous.

Dated: Nassau, New York
June 4, 2014

JOSHUA LEVIN-EPSTEIN, ESQ.