CIVIL COURT OF THE CITY OF NEW YORKCOUNTY OF NEW YORK

UNITED STATES FIDELITY AND GUARANTYCOMPANY a/s/o WILNER J. SCHARF,

Plaintiff,

- against -

RUTH SHOMRON,

Index No.:

SUMMONS

Plaintiff's ResidenceAddress:2500 Westchester Ave.Purchase, NY 10577

The basis of the venue

designated is:

Situs ofoccurrence.

Defendant.

TO THE ABOVE NAMED DEFENDANT(S)

YOU ARE HEREBY SUMMONED to appear in the Civil Court of the City of NewYork, in the County of New York at the office of the said Court at 111 Centre Street, New York,N.Y. 10013 in the County of New York, City and State of New York, within the time provided by lawas noted below and to file your answer to the - endorsed summons - annexed complaint* - with theClerk: upon your failure to answer, judgment will be taken against you for the sum of $10,027.12with interest thereon from the 28th day of January 1994 together with the costs of this action.

DATED: New York, New YorkSeptember 21, 1995

LAW OFFICES OF CYGAN & HULTENAttorneys for Plaintiff40 Broad StreetNew York, New York 10004(212) 858-3500

Defendant's Address:

RUTH SHOMRON222 West 23rd Street, Apt. #810New York, NY 10011

NOTE: The law provides that: (a) If this summons is served by the delivery to you personally within the City ofNew York, you must appear and answer within TWENTY days after such service; or

(b) If this summons is served by delivery to any person other than you personally, or is served outsidethe City of New York, or by publication, or by any means other than personal delivery to you within the City ofNew York, you are allowed THIRTY days after proof of service thereof is filed with the Clerk of this Court withinwhich is appear and answer.*If the cause of action is for money only and a formal complaint is not attached to the summons, strike the words"annexed complaint". If a formal complaint is attached to the summons, strike the words "endorsed summons".

ENDORSED COMPLAINT

A statement of the nature and substance of the plaintiff's cause of action is as follows:

(SEE ATTACHED COMPLAINT)

LAW OFFICES OF CYGAN & HULTENAttorneys for Plaintiff

CIVIL COURT OF THE CITY OF NEW YORKCOUNTY OF NEW YORK

UNITED STATES FIDELITY AND GUARANTYCOMPANY a/s/o WILNER J. SCHARF,

Plaintiff, COMPLAINT

- against -

RUTH SHOMRON,

Defendant.

X

Plaintiff, UNITED STATES FIDELITY AND GUARANTY COMPANY a/s/o

WILNER J. SCHARF, by his attorneys, LAW OFFICES OF CYGAN & HULTEN,

complaining of the defendant herein, respectfully allege, upon information and belief:

(1) That at all times hereinafter mentioned, plaintiff/subrogor, J. SCHARF WILNER,

owned and resided at 105 West 72nd Street, Apt. Unit 6A, New York, New York.

(2) That at all times hereinafter mentioned, defendant, RUTH SHOMRON, was the

owner of Apt. Unit 8A at 105 West 72nd Street, New York, New York.

(3) That on January 28, 1994, water discharged from Apartment Unit 8A causing

damage to Apartment Unit 6A and its contents.

(4) That the said accident and the damages sustained by the plaintiff subrogor therein,

were caused solely by the negligence of the defendant without any negligence on the part of the

plaintiff subrogor contributing thereto in any way whatsoever.

(5) That as a result of the negligence of the defendants as aforesaid, the plaintiff

subrogor's property sustained damage, and the same was depreciated in value and plaintiff

subrogor lost the use thereof, all to its detriment and loss in the sum of $10,027.12.

(6) That plaintiff subrogee, the insurer of plaintiff subrogor paid its insured $9,777.12

representing the appraised amount by the property damage to the plaintiff subrogor's apartment

minus a $250.00 deductible.

(7) In return for the payment of the aforementioned sum, the plaintiff subrogor

subrogated, assigned and transferred to the plaintiff any and all claims or causes of action which

the plaintiff subrogor had against any person, corporation or firm.

WHEREFORE, plaintiff subrogee demands judgment of the defendant in the sum of

$10,027.12, together with interests, costs and disbursement of this action.

DATED: New York, New YorkSeptember 21, 1995

LAW OFFICES OF CYGAN & HULTENAttorneys for Plaintiff40 Broad StreetNew York, New York 10004(212) 858-3500

TO:

• RUTH SHOMROM222 West 23rd Street, Apt. #810New York, New York 10011

capacity. •

WILLIAM It. CO SARI

CORPORATE VERIFICATION

STATE OF NEW YORKSS:

COUNTY OF VVESTCHESTER )

WILLIAM R. COSSARI, being duly sworn deposes and says:

That he is the Regional Vice President of the above named plaintiff corporation; that he has read

the foregoing Complaint and Summon and knows the contents thereof, and that the same is true to

his own knowledge, except, as to the matters therein stated to be alleged upon information and belief,

and that as to those matters he believes it to be true.

That the reason this verification is made by deponent and not by the plaintiff is because plaintiff

is a corporation and deponent is its Regional Vice-President.

That the sources of his information and the grounds of his belief as to all matters therein stated

to be alleged upon information and belief are papers and documents in his possession in his official

Sworn to before me thisG,/ -et, day o , 19 9,,

NOTARY PUBLICDENE::E: THOMPSON

Notary Mc Stat5 of New YorkNo. 4.1-4623317

Quali f:ed :n Nassau County,T.•oinrnission Expires February 28, 1947