Barry D. Epstein, Esq. 227161965 Michael J. Epstein, Esq. 034101996 THE EPSTEIN LAW FIRM, P.A. 340 West Passaic Street Rochelle Park, New Jersey 07662 (201) 845-5962 Attorneys for Plaintiffs SARAH JACOBO and LISETTE JACOBO, Plaintiffs, SUPERIOR COURT OF NEW JERSEY LAW DIVISION – BERGEN COUNTY DOCKET NO. BER-L- vs. Civil Action AVALON BAY COMMUNITIES, INC., a body corporate, AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), COMPLAINT Defendants. Plaintiffs, SARAH JACOBO and LISETTE JACOBO, legally residing at 219 Russell Avenue, Apt. 219, Edgewater, New Jersey, complaining of the defendants say that: FIRST COUNT 1. On or about January 21, 2015, plaintiff, SARAH JACOBO, was a tenant in Apt. 219 at 219 Russell Avenue, Edgewater, New Jersey, and she was in possession and control of said premises and its contents and was a resident or located therein at said time and place. 2. At all times stated herein, defendants, AVALON BAY COMMUNITIES, INC., a body corporate, and AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, were the owners of and in possession and control of approximately 400 residential apartments in Edgewater, New Jersey, where they were the landlords of the plaintiffs and were responsible for compliance with applicable building codes, proper maintenance and construction of the apartment complex in question, and were otherwise responsible for proper inspections, maintenance, warnings and notices with respect to the apartment complex in question. 3. At all relevant times herein, it was the duty of AVALON BAY COMMUNITIES, INC., a body corporate, and AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, in connection with the aforesaid apartment complex, to exercise reasonable care and control over its aforesaid premises, to comply with appropriate and applicable construction standards and codes, to have in effect the necessary safety procedures, including a program of safety control, to properly train its employees and to otherwise operate the aforesaid promises so as not to cause harm or danger to its tenants and/or their property, including the plaintiff, SARAH JACOBO, in or about said premises or located adjacent to or nearby. 4. On or about January 21, 2015, as a direct and proximate result of the negligence of defendants, AVALON BAY COMMUNITIES, INC., a body corporate, and AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, with respect to its obligations and duties arising out of their being the owners and landlords of said apartment complex, a fire was negligently caused to be started through the agents, servants, and/or employees of said defendants, over whom defendants were responsible, as a further result of 2 which the fire destroyed the apartments complex, including the apartment where plaintiff, SARAH JACOBO, was a tenant, occupant and/or resident. 5. As a result thereof, the real and personal property owned by plaintiff, SARAH JACOBO, was damaged, depreciated in value, and plaintiff was deprived of the use and benefits thereof as well as plaintiff sustaining various other economic and monetary losses for which she seeks compensation. 6. On or about January 21, 2015, as a direct and proximate result of the negligence of defendants, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), a fire was negligently caused to be started, through the agents, servants, and/or employees of said defendants, over whom defendants were responsible, as a further result of which the fire destroyed a substantial number of apartments within the complex, including the apartment where plaintiff, SARAH JACOBO, was a tenant, occupant and/or resident. WHEREFORE, plaintiff, SARAH JACOBO, hereby demands judgment for damages on the First Count against the defendants, AVALON BAY COMMUNITIES, INC., a body corporate, AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious 3 as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), individually, jointly and severally, together with interest and costs of suit. SECOND COUNT 1. Plaintiff, SARAH JACOBO, repeats and re-alleges each and every allegation contained in the First Count. 2. By reason of the foregoing, defendants are liable to the plaintiff pursuant to the doctrine of “res ipsa loquitur.” WHEREFORE, plaintiff, SARAH JACOBO, hereby demands judgment for damages on the Second Count against the defendants, AVALON BAY COMMUNITIES, INC., a body corporate, AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), individually, jointly and severally, together with interest and costs of suit. THIRD COUNT 1. Plaintiff, SARAH JACOBO, repeats and re-alleges each and every allegation contained in the First and Second Counts. 2. As a further result thereof, the plaintiff, SARAH JACOBO, sustained serious and permanent mental anguish, emotional distress and pain 4 and suffering, all of a temporary and permanent nature, and was further caused to be incapacitated from employment and was caused to sustain other economic losses. WHEREFORE, plaintiff, SARAH JACOBO, hereby demands judgment for damages on the Third Count against the defendants, AVALON BAY COMMUNITIES, INC., a body corporate, AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), individually, jointly and severally, together with interest and costs of suit. FOURTH COUNT 1. Plaintiff, SARAH JACOBO, repeats and re-alleges each and every allegation contained in the First through Third Counts. 2. Not only are the aforesaid injuries, losses and harms suffered by plaintiff resulting from the defendants’ acts and/or omissions, the aforesaid conduct of the defendants was malicious, was done in a wanton and willful manner, and recklessly disregarded and was indifferent to the interests of others, including plaintiff, SARAH JACOBO. 3. Plaintiff was a person of whom the defendants knew or should have known of the probability of harm which was foreseeably occasioned by 5 the reckless indifference of the defendants to the consequences of their actions and/or omissions. 4. Upon information and belief, defendants violated applicable statutes and/or building codes, standards and safety procedures. 5. As a result thereof, plaintiff, SARAH JACOBO, sustained the damages alleged herein. WHEREFORE, plaintiff, SARAH JACOBO, hereby demands judgment on the Fourth Count against the defendants, AVALON BAY COMMUNITIES, INC., a body corporate, AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), individually, jointly and severally, for punitive damages together with interest and costs of suit. FIFTH COUNT 1. Plaintiff, LISETTE JACOBO, repeats and re-alleges each and every allegation contained in the First through Fourth Counts. 2. On or about January 21, 2015, plaintiff, LISETTE JACOBO, was a tenant in Apt. 219 at 219 Russell Avenue, Edgewater, New Jersey, and she was in possession and control of said premises and its contents and was a resident or located therein at said time and place. 3. At all times stated herein, defendants, AVALON BAY COMMUNITIES, 6 INC., a body corporate, and AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, were the owners of and in possession and control of approximately 400 residential apartments in Edgewater, New Jersey, where they were the landlords of the plaintiffs and were responsible for compliance with applicable building codes, proper maintenance and construction of the apartment complex in question, and were otherwise responsible for proper inspections, maintenance, warnings and notices with respect to the apartment complex in question. 4. At all relevant times herein, it was the duty of AVALON BAY COMMUNITIES, INC., a body corporate, and AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, in connection with the aforesaid apartment complex, to exercise reasonable care and control over its aforesaid premises, to comply with appropriate and applicable construction standards and codes, to have in effect the necessary safety procedures, including a program of safety control, to properly train its employees and to otherwise operate the aforesaid promises so as not to cause harm or danger to its tenants and/or their property, including the plaintiff, LISETTE JACOBO, in or about said premises or located adjacent to or nearby. 5. On or about January 21, 2015, as a direct and proximate result of the negligence of defendants, AVALON BAY COMMUNITIES, INC., a body corporate, and AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, with respect to its obligations and duties arising out of their being the owners and landlords of said apartment complex, a fire was negligently caused to be started through the agents, servants, and/or employees of said 7 defendants, over whom defendants were responsible, as a further result of which the fire destroyed the apartment complex, including the apartment where plaintiff, LISETTE JACOBO, was a tenant, occupant and/or resident. 6. As a result thereof, the real and personal property owned by plaintiff, LISETTE JACOBO, was damaged, depreciated in value, and plaintiff was deprived of the use and benefits thereof as well as plaintiff sustaining various other economic and monetary losses for which she seeks compensation. 7. On or about January 21, 2015, as a direct and proximate result of the negligence of defendants, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), a fire was negligently caused to be started, through the agents, servants, and/or employees of said defendants, over whom defendants were responsible, as a further result of which the fire destroyed a substantial number of apartments within the complex, including the apartment where plaintiff, LISETTE JACOBO, was a tenant, occupant and/or resident. WHEREFORE, plaintiff, LISETTE JACOBO, hereby demands judgment for damages on the Fifth Count against the defendants, AVALON BAY COMMUNITIES, INC., a body corporate, AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names 8 fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), individually, jointly and severally, together with interest and costs of suit. SIXTH COUNT 1. Plaintiff, LISETTE JACOBO, repeats and re-alleges each and every allegation contained in the First through Fifth Counts. 2. By reason of the foregoing, defendants are liable to the plaintiff pursuant to the doctrine of “res ipsa loquitur.” WHEREFORE, plaintiff, LISETTE JACOBO, hereby demands judgment for damages on the Sixth Count against the defendants, AVALON BAY COMMUNITIES, INC., a body corporate, AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), individually, jointly and severally, together with interest and costs of suit. SEVENTH COUNT 1. Plaintiff, LISETTE JACOBO, repeats and re-alleges each and every allegation contained in the First through Sixth Counts. 2. As a further result thereof, the plaintiff, LISETTE JACOBO, 9 sustained serious and permanent mental anguish, emotional distress and pain and suffering, all of a temporary and permanent nature, and was further caused to be incapacitated from employment and was caused to sustain other economic losses. WHEREFORE, plaintiff, LISETTE JACOBO, hereby demands judgment for damages on the Seventh Count against the defendants, AVALON BAY COMMUNITIES, INC., a body corporate, AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), individually, jointly and severally, together with interest and costs of suit. EIGHTH COUNT 1. Plaintiff, LISETTE JACOBO, repeats and re-alleges each and every allegation contained in the First through Sixth Counts. 2. Not only are the aforesaid injuries, losses and harms suffered by plaintiff resulting from the defendants’ acts and/or omissions, the aforesaid conduct of the defendants was malicious, was done in a wanton and willful manner, and recklessly disregarded and was indifferent to the interests of others, including plaintiff, LISETTE JACOBO. 3. Plaintiff was a person of whom the defendants knew or should have known of the probability of harm which was foreseeably occasioned by 10 the reckless indifference of the defendants to the consequences of their actions and/or omissions. 4. Upon information and belief, defendants violated applicable statutes and/or building codes, standards and safety procedures. 5. As a result thereof, plaintiff, LISETTE JACOBO, sustained the damages alleged herein. WHEREFORE, plaintiff, LISETTE JACOBO, hereby demands judgment on the Fourth Count against the defendants, AVALON BAY COMMUNITIES, INC., a body corporate, AVALON BAY RIVER MEWS a/k/a AVALON BAY, a body corporate, JOHN DOES 1-5 (names fictitious as presently unknown), JOHN SMITHS 1-5 (names fictitious as presently unknown), ABC COMPANIES 1-5 (names fictitious as presently unknown), ABC CORPORATIONS 1-5 (names fictitious as presently unknown), XYZ COMPANIES 1-5 (names fictitious as presently unknown), and XYZ CORPORATIONS 1-5 (names fictitious as presently unknown), individually, jointly and severally, for punitive damages together with interest and costs of suit. 11 DEMAND FOR TRIAL BY JURY Plaintiffs hereby demand trial by jury on all of the above issues. DESIGNATION OF TRIAL COUNSEL Barry D. Epstein, Esq. and/or Michael J. Epstein, are hereby designated as trial counsel herein. THE EPSTEIN LAW FIRM, P.A. Attorneys for Plaintiffs BY: BARRY D. EPSTEIN BY: MICHAEL J. EPSTEIN Dated: CERTIFICATION We hereby certify that, pursuant to Rule 4:5-1: (1) the within matter in controversy is the subject of another action which has been brought in the Superior Court of New Jersey, Law Division, Bergen County, which action has been designated as a purported Class Action lawsuit; (2) other actions or arbitration proceedings may be contemplated; and (3) no other necessary party to be joined in the subject litigation is presently known. BARRY D. EPSTEIN MICHAEL J. EPSTEIN Dated: 12