Preview
) U 0 NK DV INDEX NO. 611982/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023
EXHIBIT C
INDEX NO. 611982/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF SUFFOLK Date Filed:
pene nnn nn nnn nn nnn nena nnn nnn nnn
THE STATE OF NEW YORK
SUMMONS
Plaintiff, Plaintiff designates Suffolk County
-against- as the place of trial based on
location of the alleged accident
GREENMAN-PEDERSEN, INC., ISLAND
PAVEMENT CUTTING CO., INC., and
LINHAO HE,
Defendant
pane nnn nana nen nn naan enna nena eee. non-n-n------------
TO THE ABOVE-NAMED DEFENDANTS
YOU ARE HEREBY SUMMONED to answer the Complaint of the Plaintiff THE
STATE OF NEW YORK, a copy of which is herewith served upon you, by serving a copy of
your Answer upon Perry, Van Etten, Rozanski & Kutner, LLP, 14 Wall Street, Suite 4D, New
York, NY 10005, within twenty (20) days after service of the Complaint exclusive of the day of
service, or within thirty (30) days after service is complete if served by any method other than
personal delivery to you within the State of New York.
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In case of your failure to answer the Complaint, judgment will be taken against you for
the relief sought in the Complaint.
Dated: New York, New York
May 11, 2023
Yours, etc.,
PERRY, VAN ETTEN, ROZANSKI
& KUTNER, LLP
By Kenneth ). Kutner
Kenneth J. Kutner
Attorneys for Plaintiff
THE STATE OF NEW YORK
14 Wall Street, Suite 4D,
New York, NY 10005
(212) 406-9710
File no: 107045
To
GREENMAN-PEDERSEN INC
325 West Main Street,
Babylon, New York 11702
ISLAND PAVEMENT CUTTING CO., INC.
31 Cleveland Avenue,
Bay Shore, New York 11706
LINHAO HE
138-35 Elder Avenue,
Flushing, New York 11355
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-X
THE STATE OF NEW YORK Index No.:
Plaintiff, VERIFIED COMPLAINT
-against-
GREENMAN-PEDERSEN, INC., ISLAND
PAVEMENT CUTTING CO., INC., and
LINHAO HE,
Defendants.
pene nnn nn nnn nn nnn enna nnn nnn nnn)
The Plaintiff, THE STATE OF NEW YORK, by and through their attorneys, Perry Van
Etten Rozanski & Kutner LLP, as and for its Complaint against the Defendants, GREENMAN-
PEDERSEN, INC., ISLAND PAVEMENT CUTTING CO., INC., and LINHAO HE
(collectively hereafter, “Defendants”) allege upon information and belief, as follows:
1 That at all times hereinafter mentioned, the Plaintiff, THE STATE OF NEW
YORK, (‘Plaintiff’) was and still is a sovereign state of the United States of America.
2. That at all times hereinafter mentioned, Defendant, GREENMAN-PEDERSEN,
INC. (“GPI”) was and is a corporation duly organized and existing pursuant to the laws of the
State of New York.
3 That at all times hereinafter mentioned, GPI, was and is a foreign business
corporation duly organized and existing pursuant to the laws of a state other than New York.
4 That at all times hereinafter mentioned, GPI, was a limited liability company or
other business entity authorized to conduct business within the State of New York.
5 That at all times hereinafter mentioned, GPI, maintained a principal place of
business at 325 West Main Street, Babylon, County of Suffolk and State of New York.
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6. That at all times hereinafter mentioned, Defendant, ISLAND PAVING CO. INC.
(“ISLAND”), was and is a corporation duly organized and existing pursuant to the laws of the
State of New York.
7 That at all times hereinafter mentioned, ISLAND, was and is a foreign business
corporation duly organized and existing pursuant to the laws of a state other than New York.
8 That at all times hereinafter mentioned, ISLAND, was a limited liability company
or other business entity authorized to conduct business within the State of New York.
9. That at all times hereinafter mentioned, ISLAND maintained a principal place of
business at 31 Cleveland Avenue, Bay Shore, County of Suffolk and State of New York.
10. That at all times hereinafter mentioned, Defendant, LINHAO HE was and still is
a resident of Queens County, State of New York.
11. That BALAL BHATTI commenced an action in the Court of Claims against
Plaintiff, to recover for personal injuries allegedly sustained on August 6, 2022 as a result of an
accident that occurred on a road construction project taking place on the westbound I-495, also
known as the Long Island Expressway, at or near Exit 60 approximately /2 mile west of Hawkins
Avenue. The Plaintiff, without conceding the truth of the allegations contained in said Court of
Claims action, hereby incorporates said allegations by reference herein. Copies of the pleadings,
including the Claim for Damages and Respondent’s Answer to Claim, associated with said Court
of Claims action are collectively annexed hereto as Exhibit A.
12. That on or about November 4, 2021, Plaintiff, by and through the New York State
Department of Transportation, entered into a contract with defendant, GPI, pursuant to which
GPI agreed to provide construction inspection services in connection with a construction project
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designated as Construction Contract No. D264601 regarding the I-495 Pavement Rehabilitation,
Region 10, Nassau and Suffolk Counties.
13. That on or prior to August 6, 2022, GPI did perform inspection services in
connection with the construction project at the aforementioned roadway.
14. That on or about March 3, 2022, Plaintiff, by and through the New York State
Department, entered into a contract with non-party, Tully Construction Co. Inc., pursuant to
which Tully was to perform work on a construction project titled, “Pavement Resurfacing on I-
495 in the towns of Brookhaven and Islip”.
15. That on or about April 20, 2022, Tully Construction Co. Inc. retained ISLAND to
perform construction work in connection with the project titled, “Pavement Resurfacing on I-495
in the towns of Brookhaven and Islip”.
16. In the Court of Claims action, it is alleged that Plaintiff was negligent and violated
statutorily imposed obligations in connection with the work being performed at the
aforementioned roadway, and that as a result BALAL BHATTI was allegedly caused to be
injured.
17. Plaintiff denied their liability to BALAL BHATTI in the Court of Claims action,
but notwithstanding such denial, Plaintiff is potentially exposed to damage by reason of a
possible verdict or judgment.
18. That by reason of such potential exposure to damage, this action is made against
Defendants GPI and ISLAND by reason of their wrongful conduct and/or breach of duty in
connection with the work being performed by GPI and ISLAND at the aforementioned roadway,
specifically their failure to render services pursuant to the contract agreements between the
aforementioned parties.
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19. That by reason of such potential exposure to damage, this action is also made
against Defendant, LINHAO HE by reason of his wrongful conduct and negligent operation of
his motor vehicle including but not limited to ignoring a roadway closure and knowingly entering
the aforementioned roadway and causing the accident that serves as the basis for BALAL
BHATTI’s Court of Claims action.
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST GPI FOR CONTRACTUAL INDEMNITY
20. Plaintiff repeats, reiterates and realleges each and every allegation contained in
paragraphs numbered “1” through “19” as if set forth fully herein.
21. That prior to August 5, 2022, Plaintiff and GPI entered into a contract, which was
in full force and effect on August 5, 2022, pursuant to which GPI agreed to defend and indemnify
Plaintiff for losses and/or damages sustained by Plaintiff arising out of the work being performed
by or on behalf of GPI. A copy of said contract is annexed hereto as Exhibit B.
22. BALAL BHATTI allegedly sustained injuries while working in the course of his
employment with ISLAND at the roadway known as the westbound I-495 / Long Island
Expressway, the area at which GPI agreed to perform construction inspection services including
but not limited to ensuring all road closures were in place and properly erected each evening
before work commenced and while work was underway.
23. Upon information and belief, that demand has been made upon GPI and its
representatives, to undertake the defense and/or indemnity of Plaintiff pursuant to the terms of
said agreement but such has not been undertaken.
24. That by reason thereof, Plaintiff is entitled to judgment against GPI for full or
partial indemnity by contract, together with those costs incurred by Plaintiff in connection with
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the defense of the aforementioned Court of Claims litigation, including but not limited to
attorneys’ fees’ and expenses.
25. That by reason thereof, Plaintiff is entitled to full indemnity or partial indemnity
pursuant to contract from GPI.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST ISLAND FOR CONTRACTUAL INDEMNITY
26. Plaintiff repeats, reiterates and realleges each and every allegation contained in
paragraphs numbered “1” through “25” as if set forth fully herein.
27. That on or before August 5, 2022, ISLAND entered into a contract pursuant to
which ISLAND agreed to defend and indemnify Plaintiff for losses and/or damages sustained by
Plaintiff arising out of the work being performed by or on behalf of ISLAND. A copy of said
contract is annexed hereto as Exhibit C, which was in full force and effect on August 6, 2022.
28. BALAL BHATTI allegedly sustained injuries while working in the course of his
employment with ISLAND at the roadway known as the westbound I-495 / Long Island
Expressway.
29. Upon information and belief, that demand has been made upon ISLAND and its
representatives, to undertake the defense and/or indemnity of Plaintiff pursuant to the terms of
said agreement but such has not been undertaken.
30. That by reason thereof, Plaintiff is entitled to judgment against ISLAND for full
or partial indemnity by contract, together with those costs incurred by Plaintiff in connection
with the defense of the aforementioned Court of Claims litigation, including but not limited to
attorneys’ fees’ and expenses.
31. That by reason thereof, Plaintiff is entitled to full indemnity or partial indemnity
pursuant to contract from ISLAND.
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AS AND FOR A THIRD CAUSE OF ACTION
AGAINST GPI FOR BREACH OF CONTRACT
32. Plaintiff repeats, reiterates and realleges each and every allegation contained in
paragraphs numbered “1” through “31” as if set forth fully herein.
33. That pursuant to the aforementioned contractual agreement between the parties,
GPI agreed to procure general liability insurance and excess/umbrella insurance, in favor of and
for the benefit of Plaintiff for such liability that might be imposed against Plaintiff and arising
out of services and work performed by or on behalf of GPI.
34. Upon information and belief, Plaintiff has made demand that GPI’s liability
insurer(s) undertake its defense and indemnity with respect to the Court of Claims action, but no
liability insurer has done so.
35. That upon information and belief, GPI has breached the terms of the
aforementioned contract by failing to procure and maintain the necessary primary and
excess/umbrella insurance.
36. That by reason thereof, Plaintiff is entitled to full indemnity and insurance
coverage from GPI, for full indemnity by contract, together with those costs incurred by Plaintiff
in connection with the defense of the Court of Claims action, including, but not limited to,
attorneys’ fees and expenses.
AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST ISLAND FOR BREACH OF CONTRACT
37. Plaintiff repeats, reiterates and realleges each and every allegation contained in
paragraphs numbered “1” through “36” as if set forth fully herein.
38. That pursuant to the aforementioned contractual agreement between the parties,
ISLAND agreed to procure general liability insurance and excess/umbrella insurance, in favor of
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and for the benefit of Plaintiff for such liability that might be imposed against Plaintiff arising
out of services and work performed by or on behalf of ISLAND.
39. Upon information and belief, Plaintiff has made demand that ISLAND’s liability
insurer(s) undertake its defense and indemnity with respect to the Court of Claims action, but no
liability insurer has done so.
40. That upon information and belief, ISLAND has breached the terms of the
aforementioned contract by failing to procure and maintain the necessary primary and
excess/umbrella insurance.
Al. That by reason thereof, Plaintiff is entitled to full indemnity and insurance
coverage from ISLAND, for full indemnity by contract, together with those costs incurred by
Plaintiff in connection with the defense of the Court of Claims action, including, but not limited
to, attorneys’ fees and expenses.
AS AND FOR A FIFTH CAUSE OF ACTION
AGAINST GPI FOR CONTRIBUTION
42. Plaintiff repeats, reiterates and realleges each and every allegation contained in
paragraphs numbered “1” through “41” as if set forth fully herein.
43. If Claimant sustained injuries and damages in the manner alleged in the Notice of
Claim (Exhibit A), which is expressly denied herein, such injuries and damages were caused by
reason of the negligence, carelessness, recklessness, and violation of applicable rules, ordinances,
laws, regulations and statutes of GPI, their agents, servants, and/or employees, which supervised,
caused, and/or permitted to exist conditions at the westbound I-495 / Long Island Expressway
that constituted, caused, or contributed to the injuries alleged in Claimant’s pleadings, and
consequently GPI is responsible in whole or in part for such personal injuries.
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44. By reason of the foregoing, should any judgment be rendered against Plaintiff as
Respondent in the Court of Claims action, Plaintiff is entitled to judgment over and against GPI
based upon the principles of contribution for the full amount of a recovery or for that proportion
thereof caused by the relative responsibility of GPI.
AS AND FOR A SIXTH CAUSE OF ACTION
AGAINST ISLAND FOR CONTRIBUTION
45. Plaintiff repeats, reiterates and realleges each and every allegation contained in
paragraphs numbered “1” through “44” as if set forth fully herein.
46. If Claimant sustained injuries and damages in the manner alleged in the Notice of
Claim (Exhibit A), which is expressly denied herein, such injuries and damages were caused by
reason of the negligence, carelessness, recklessness, and violation of applicable rules, ordinances,
laws, regulations and statutes of ISLAND, their agents, servants, and/or employees, which
supervised, caused, and/or permitted to exist conditions at the westbound I-495 / Long Island
Expressway near Exit 60 that constituted, caused, or contributed to the injuries alleged in
Claimant’s pleadings, and consequently ISLAND is responsible in whole or in part for such
personal injuries.
47. By reason of the foregoing, should any judgment be rendered against Plaintiff as
Respondent in the Court of Claims action, Plaintiff is entitled to judgment over and against
ISLAND based upon the principles of contribution for the full amount of that recovery or the
proportion thereof caused by the relative responsibility of ISLAND.
AS AND FOR A SEVENTH CAUSE OF ACTION
AGAINST GPI FOR COMMON LAW INDEMNITY
48. Plaintiff repeats, reiterates and realleges each and every allegation contained in
the paragraphs numbered “1” through “47” as if set forth fully herein.
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49. If the claimant BALAL BHATTI recovers a judgment against Plaintiff in the
Court of Claims action, such damages and liability imposed upon the Plaintiff will have been
caused and/or brought about by reason of the primary and active negligence of GPI, and/or the
violation of a statute, rule, regulation and/or ordinance by GPI, without any active or primary
negligence on the part of Plaintiff contributing thereto, thus Plaintiff shall be entitled to
indemnification pursuant to the principles of common law from GPI from all damages which
may be as ssed against Plaintiff including, but not limited to, costs, disbursements and
attorneys’ fees.
AS AND FOR AN EIGHTH CAUSE OF ACTION
AGAINST ISLAND FOR COMMON LAW INDEMNITY
50. Plaintiff repeats, reiterates and realleges each and every allegation contained in
the paragraphs numbered “1” through “49” as if set forth fully herein.
51. If the claimant BALAL BHATTI recovers a judgment against Plaintiff in the
Court of Claims action, such damages and liability imposed upon the Plaintiff will have been
caused and/or brought about by reason of the primary and active negligence of ISLAND, and/or
the violation of a statute, rule, regulation and/or ordinance by ISLAND, without any active or
primary negligence on the part of Plaintiff contributing thereto, thus Plaintiff shall be entitled to
indemnification pursuant to the principles of common law from ISLAND from all damages
which may be ass ssed against Plaintiff including, but not limited to, costs, disbursements and
attorneys’ fees.
AS AND FOR A NINTH CAUSE OF ACTION
AGAINST LINHAO HE FOR CONTRIBUTION
52. Plaintiff repeats, reiterates, and realleges each and every allegation contained in
the paragraphs numbered “1” through “51” as if set forth fully herein.
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53. On August 5, 2022 Defendant, LINHAO HE was the owner, borrower, lender,
renter, lessor or lessee of a 2017 Ford Mustang motor vehicle bearing California license plate #
8EMV427.
54. On or about August 5, 2022 at an unknown time and location, Defendant,
LINHAO HE ignored barricades, signs, lights, construction personnel, and an array of other
safety devices to enter onto the westbound I-495 / Long Island Expressway in the motor vehicle
bearing California license plate # 8EMV427, which he knew or should have known was closed
to the public.
55. On or about 11:30 p.m. on August 5, 2022, Defendant, LINHAO HE was
negligent in the ownership, operation, maintenance and control of his motor vehicle; in operating
his motor vehicle at an excessive rate of speed under the circumstances then and there prevailing;
in failing to heed an obvious road closure, and in being in all ways generally careless, reckless
and negligent.
56. If Claimant Balal Bhatti sustained injuries and damages in the manner alleged in
his Notice of Claim (Exhibit A), which is expressly denied herein, such injuries and damages
were caused by reason of the negligence, carelessness, recklessness, and violation of applicable
tules, ordinances, laws, regulations and statutes of Defendant, LINHAO HE, who negligently
operated his vehicle at a closed section of the westbound I-495 / Long Island Expressway and
caused the injuries alleged in Claimant Balal Bhatti’s pleadings, and consequently Defendant,
LINHAO HE is responsible in whole or in part for such personal injuries.
57. By reason of the foregoing, should any judgment be rendered against Plaintiff as
Respondent in the Court of Claims action, it is entitled to judgment over and against Defendant,
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LINHAO HE based upon the principles of contribution for the full amount of that recovery or
the proportion thereof caused by the relative responsibility of Defendant, LINHAO HE.
AS AND FOR A TENTH CAUSE OF ACTION
AGAINST LINHAO HE FOR COMMON LAW INDEMNITY
58. Plaintiff repeats, reiterates and realleges each and every allegation contained in
the paragraphs numbered “1” through “57” as if set forth fully herein.
59. If the claimant, BALAL BHATTI recovers a judgment against Plaintiff in the
Court of Claims action, such damages and liability imposed upon the Plaintiff will have been
caused and/or brought about by reason of the primary and active negligence of LINHAO HE,
and/or the violation of a statute, rule, regulation and/or ordinance by LINHAO HE, without any
active or primary negligence on the part of Plaintiff contributing thereto, thus Plaintiff shall be
entitled to indemnification pursuant to the principles of common law from LINHAO HE from all
damages which may be assessed against Plaintiff including, but not limited to, costs,
disbursements and attorneys’ fees.
WHEREFORE, Plaintiff demands judgment over and against Defendants, for all causes
of action in an amount that exceeds the jurisdictional limits of all lower courts together with
interest, costs and disbursements of the instant action.
Dated: New York, New York
May 11, 2023 Yours, etc.,
PERRY, VAN ETTEN, ROZANSKI
& KUTNER, LLP
By Kenneth). Kutner
KENNETH J. KUTNER
Attorneys for Plaintiff
THE STATE OF NEW YORK
14 Wall Street, Suite 4D,
New York, NY 10005
(212) 406-9710
File no: 107045
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To
GREENMAN-PEDERSEN INC.
325 West Main Street,
Babylon, New York 11702
ISLAND PAVEMENT CUTTING CO., INC.
31 Cleveland Avenue,
Bay Shore, New York 11706
LINHAO HE
138-35 Elder Avenue,
Flushing, New York 11355
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ATTORNEYS VERIFICATION
KENNETH J. KUTNER, affirms as follows:
Iam an attorney admitted to practice in the Courts of the State of New York, and am the
attorney for Plaintiff, THE STATE OF NEW YORK, in the within action, and as such, am fully
familiar with all the facts and circumstances therein. This verification is made pursuant to CPLR
§3020(d)(2).
Deponent further states that I have caused to have drawn the foregoing Verified
Complaint and know the contents thereof and that the same are true to his own knowledge, except
those matters alleged to be on information and belief, and as to those matters the deponent
believes them to be true.
Dated: New York, New York
May 11, 2023
KENNETH). KUTNER
KENNETH J. KUTNER
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Exhibit “A”
INDEX NO. 611982/2023
FILED: SUFFOLK COUNTY CLERK 1071272023 02:23 PM
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023
STATE OF NEW YORK: COURT OF CLAIMS
“XK
In the Matter of the Claim of
CLAIM FOR DAMAGES
BALAL BHATTI,
Claimant,
~against-
THE STATE OF NEW YORK and NEW YORK
STATE DEPARTMENT OF TRANSPORTATION,
Defendants.
sete tenn eee nen n enn ene n en en ee nen en nne nnn ennnnnenn nn K
To: ATTORNEY GENERAL OF THE STATE OF NEW YORK
200 Old Country Road, Suite #240
Mineola, New York 11501
28 Liberty Street
New York, New York 10271
PLEASE TAKE NOTICE that the undersigned claimants, BALAL BHATTI and
AMANDA BHATTI, hereby make claims and demand against you as follows:
NAME AND ADDRESS Balal Bhatti
OF CLAIMANT: 32 Moore Drive
Bethpage, New York 11714
CLAIMANT’S DELL & DEAN, PLLC
ATTORNEYS: 1225 Franklin Avenue, Suite 450
Garden City, NY 11530
516-880-9700
NATURE OF CLAIM: The nature of the claim is for severe and permanent personal injuries
sustained by BALAL BHATTI and all other damages allowed by
statute and case law as a result of the negligence, carelessness,
recklessness and gross negligence of THE STATE OF NEW YORK
and NEW YORK STATE DEPARTMENT OF
TRANSPORTATION, their agents, servants, licensees, contractors,
subcontractors, employees and other affiliates agencies and
departments, and those acting under their direction, behest, permission
and control in the ownership, operation, designing, creating,
management, maintenance, contracting, subcontracting, supervision,
authorizing use and control of the premises/ road construction site
located at or near Exit 60 of I-495/Long Island Expressway, more
specifically, within the road construction site area situated
approximately 4% mile west of Hawkins Avenue.
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NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023
TIME AND PLACE Said claim arose on 08/06/2022, at approximately 11:30PM at a road
CLAIM AROSE: construction project on westbound I-495 (Long Island Expressway),
approximately 1/2 Miles west of Hawkins Avenue, Town of
Brookhaven, in the County of Suffolk, State of New York.
MANNER IN WHICH On said date and at said location, Claimant, BALAL BHATTI, was
CLAIM AROSE: severely and permanently injured in the course of his employment at
the I-495/Long Island Expressway road construction/repair project,
Claimant, BALAL BHATTI, an employee of Island Pavement
Cutting Company, was performing road work on said highway when
he was struck by a vehicle bearing a California license plate #
8EMV427 operated by Linhao He. Upon information and belief, Tully
Construction Company, Inc, was the general contractor for the subject
project.
As a result of said occurrence, Claimant, BALAL BHATTI, was
seriously injured by reason of the negligence, recklessness,
carelessness and gross negligence of THE STATE OF NEW YORK
and THE NEW YORK STATE DEPARTMENT OF
TRANSPORTATION, their agents, servants, employees and/or
licensees, and/or contractors, in the ownership, operation, control and
maintenance of said premises; in that THE STATE OF NEW YORK
and THE NEW YORK STATE DEPARTMENT OF
TRANSPORTATION failed to properly guard, fence and/or barricade
the portion of the road construction site where road work being
performed so as to prevent the entry of the motor vehicles into
construction zone; in failing to regulate vehicular travel; in failing to
properly regulate vehicular travel at and/or near the road construction
zone; in failing to use flagmen; in failing to use sufficient number of
flagmen; in failing to properly position flagmen; in failing to properly
close off the road for vehicular traffic; in failing to place adequate
warning signs; in failing to use flashing lights; in failing to properly
warn operators of motor vehicles of road closures; in failing to utilize
proper means of closing the road off for vehicular traffic; in failing to
block off entrance/exit ramps leading to/from the highway; in failing
to properly block off entrance/exit ramps leading to/from the highway;
in failing to provide sufficient illumination; in improperly designing
the portion of the roadway where the accident took place; in failing to
inspect the construction area; in failing to take preventative steps to
correct said conditions despite actual and constructive notice thereof;
in failing to comply with the laws, rules, regulations, guidelines,
ordinances, statutes, codes and directives in such cases made and
provided; in failing to exercise due and reasonable care so that the
aforesaid roadway would be safe for persons using same; in failing to
properly and/or adequately investigate complaints regarding prior
incidents involving motor vehicles at the aforesaid area; in failing to
properly and/or adequately investigate complaints of similar, prior
incidents at different areas of the roadway; in failing to properly
and/or adequately investigate complaints of similar incidents and/or
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NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023
under similar roadway conditions in different areas of this roadway; in
failing to properly and/or adequately investigate prior accidents
involving motor vehicles at the aforesaid area and/or under similar
circumstances on said roadway; in failing to properly monitor
vehicular traffic; in failing to properly respond to the events leading up
to the within accident; in failing to act upon results, findings and/or
recommendations of hearings and investigations held; in failing to
adequately reduce the speed limit thereat; in failing to have adequate
and appropriate signage; in failing to enforce the speed limit thereat, in
that actual notice that the speed limit then and there existing was being
disregarded; in failing to warn motorists of an impending danger; in
failing to warn users not to enter the roadway at the aforesaid location;
in failing to have proper safety devices to prevent said occurrence; in
failing to install adequate lighting at the aforesaid location; in failing
to maintain adequate lighting at the aforesaid location; in allowing
said roadway to be, become and remain in a state of disrepair; in
failing to prevent claimant from becoming seriously and permanently
injured; in failing to prevent the aforesaid accident which was
foreseeable, after actual and constructive notice of the dangerous
condition was given that existed thercat; in failing to take the
necessary and appropriate steps to remedy or eradicate the dangerous,
hazardous and defective conditions complained of; in failing to take
appropriate and requisite steps and make appropriate and required
inspections; in failing to provide the claimant with a safe place to
walk; in allowing the claimant to be injured while performing work at
said road construction project; in creating a trap-like condition; in
creating a hazardous condition; in causing a hazardous condition to
exist; in failing to fence/barricade or otherwise secure the dangerous
area; in that the STATE OF NEW YORK and THE NEW YORK
STATE DEPARTMENT OF TRANSPORTATION breached their
duty to claimant in failing to comply with the requirements of the
applicable Sections of Labor Law §200, §240(1) and §241(6) of the
State of New York, It is hereby further claimed that THE STATE OF
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) U 0 NK DV INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 EXHIBIT C INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF SUFFOLK Date Filed: pene nnn nn nnn nn nnn nena nnn nnn nnn THE STATE OF NEW YORK SUMMONS Plaintiff, Plaintiff designates Suffolk County -against- as the place of trial based on location of the alleged accident GREENMAN-PEDERSEN, INC., ISLAND PAVEMENT CUTTING CO., INC., and LINHAO HE, Defendant pane nnn nana nen nn naan enna nena eee. non-n-n------------ TO THE ABOVE-NAMED DEFENDANTS YOU ARE HEREBY SUMMONED to answer the Complaint of the Plaintiff THE STATE OF NEW YORK, a copy of which is herewith served upon you, by serving a copy of your Answer upon Perry, Van Etten, Rozanski & Kutner, LLP, 14 Wall Street, Suite 4D, New York, NY 10005, within twenty (20) days after service of the Complaint exclusive of the day of service, or within thirty (30) days after service is complete if served by any method other than personal delivery to you within the State of New York. 1 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 In case of your failure to answer the Complaint, judgment will be taken against you for the relief sought in the Complaint. Dated: New York, New York May 11, 2023 Yours, etc., PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP By Kenneth ). Kutner Kenneth J. Kutner Attorneys for Plaintiff THE STATE OF NEW YORK 14 Wall Street, Suite 4D, New York, NY 10005 (212) 406-9710 File no: 107045 To GREENMAN-PEDERSEN INC 325 West Main Street, Babylon, New York 11702 ISLAND PAVEMENT CUTTING CO., INC. 31 Cleveland Avenue, Bay Shore, New York 11706 LINHAO HE 138-35 Elder Avenue, Flushing, New York 11355 2 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -X THE STATE OF NEW YORK Index No.: Plaintiff, VERIFIED COMPLAINT -against- GREENMAN-PEDERSEN, INC., ISLAND PAVEMENT CUTTING CO., INC., and LINHAO HE, Defendants. pene nnn nn nnn nn nnn enna nnn nnn nnn) The Plaintiff, THE STATE OF NEW YORK, by and through their attorneys, Perry Van Etten Rozanski & Kutner LLP, as and for its Complaint against the Defendants, GREENMAN- PEDERSEN, INC., ISLAND PAVEMENT CUTTING CO., INC., and LINHAO HE (collectively hereafter, “Defendants”) allege upon information and belief, as follows: 1 That at all times hereinafter mentioned, the Plaintiff, THE STATE OF NEW YORK, (‘Plaintiff’) was and still is a sovereign state of the United States of America. 2. That at all times hereinafter mentioned, Defendant, GREENMAN-PEDERSEN, INC. (“GPI”) was and is a corporation duly organized and existing pursuant to the laws of the State of New York. 3 That at all times hereinafter mentioned, GPI, was and is a foreign business corporation duly organized and existing pursuant to the laws of a state other than New York. 4 That at all times hereinafter mentioned, GPI, was a limited liability company or other business entity authorized to conduct business within the State of New York. 5 That at all times hereinafter mentioned, GPI, maintained a principal place of business at 325 West Main Street, Babylon, County of Suffolk and State of New York. 3 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 6. That at all times hereinafter mentioned, Defendant, ISLAND PAVING CO. INC. (“ISLAND”), was and is a corporation duly organized and existing pursuant to the laws of the State of New York. 7 That at all times hereinafter mentioned, ISLAND, was and is a foreign business corporation duly organized and existing pursuant to the laws of a state other than New York. 8 That at all times hereinafter mentioned, ISLAND, was a limited liability company or other business entity authorized to conduct business within the State of New York. 9. That at all times hereinafter mentioned, ISLAND maintained a principal place of business at 31 Cleveland Avenue, Bay Shore, County of Suffolk and State of New York. 10. That at all times hereinafter mentioned, Defendant, LINHAO HE was and still is a resident of Queens County, State of New York. 11. That BALAL BHATTI commenced an action in the Court of Claims against Plaintiff, to recover for personal injuries allegedly sustained on August 6, 2022 as a result of an accident that occurred on a road construction project taking place on the westbound I-495, also known as the Long Island Expressway, at or near Exit 60 approximately /2 mile west of Hawkins Avenue. The Plaintiff, without conceding the truth of the allegations contained in said Court of Claims action, hereby incorporates said allegations by reference herein. Copies of the pleadings, including the Claim for Damages and Respondent’s Answer to Claim, associated with said Court of Claims action are collectively annexed hereto as Exhibit A. 12. That on or about November 4, 2021, Plaintiff, by and through the New York State Department of Transportation, entered into a contract with defendant, GPI, pursuant to which GPI agreed to provide construction inspection services in connection with a construction project 4 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 designated as Construction Contract No. D264601 regarding the I-495 Pavement Rehabilitation, Region 10, Nassau and Suffolk Counties. 13. That on or prior to August 6, 2022, GPI did perform inspection services in connection with the construction project at the aforementioned roadway. 14. That on or about March 3, 2022, Plaintiff, by and through the New York State Department, entered into a contract with non-party, Tully Construction Co. Inc., pursuant to which Tully was to perform work on a construction project titled, “Pavement Resurfacing on I- 495 in the towns of Brookhaven and Islip”. 15. That on or about April 20, 2022, Tully Construction Co. Inc. retained ISLAND to perform construction work in connection with the project titled, “Pavement Resurfacing on I-495 in the towns of Brookhaven and Islip”. 16. In the Court of Claims action, it is alleged that Plaintiff was negligent and violated statutorily imposed obligations in connection with the work being performed at the aforementioned roadway, and that as a result BALAL BHATTI was allegedly caused to be injured. 17. Plaintiff denied their liability to BALAL BHATTI in the Court of Claims action, but notwithstanding such denial, Plaintiff is potentially exposed to damage by reason of a possible verdict or judgment. 18. That by reason of such potential exposure to damage, this action is made against Defendants GPI and ISLAND by reason of their wrongful conduct and/or breach of duty in connection with the work being performed by GPI and ISLAND at the aforementioned roadway, specifically their failure to render services pursuant to the contract agreements between the aforementioned parties. 5 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 19. That by reason of such potential exposure to damage, this action is also made against Defendant, LINHAO HE by reason of his wrongful conduct and negligent operation of his motor vehicle including but not limited to ignoring a roadway closure and knowingly entering the aforementioned roadway and causing the accident that serves as the basis for BALAL BHATTI’s Court of Claims action. AS AND FOR A FIRST CAUSE OF ACTION AGAINST GPI FOR CONTRACTUAL INDEMNITY 20. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs numbered “1” through “19” as if set forth fully herein. 21. That prior to August 5, 2022, Plaintiff and GPI entered into a contract, which was in full force and effect on August 5, 2022, pursuant to which GPI agreed to defend and indemnify Plaintiff for losses and/or damages sustained by Plaintiff arising out of the work being performed by or on behalf of GPI. A copy of said contract is annexed hereto as Exhibit B. 22. BALAL BHATTI allegedly sustained injuries while working in the course of his employment with ISLAND at the roadway known as the westbound I-495 / Long Island Expressway, the area at which GPI agreed to perform construction inspection services including but not limited to ensuring all road closures were in place and properly erected each evening before work commenced and while work was underway. 23. Upon information and belief, that demand has been made upon GPI and its representatives, to undertake the defense and/or indemnity of Plaintiff pursuant to the terms of said agreement but such has not been undertaken. 24. That by reason thereof, Plaintiff is entitled to judgment against GPI for full or partial indemnity by contract, together with those costs incurred by Plaintiff in connection with 6 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 the defense of the aforementioned Court of Claims litigation, including but not limited to attorneys’ fees’ and expenses. 25. That by reason thereof, Plaintiff is entitled to full indemnity or partial indemnity pursuant to contract from GPI. AS AND FOR A SECOND CAUSE OF ACTION AGAINST ISLAND FOR CONTRACTUAL INDEMNITY 26. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs numbered “1” through “25” as if set forth fully herein. 27. That on or before August 5, 2022, ISLAND entered into a contract pursuant to which ISLAND agreed to defend and indemnify Plaintiff for losses and/or damages sustained by Plaintiff arising out of the work being performed by or on behalf of ISLAND. A copy of said contract is annexed hereto as Exhibit C, which was in full force and effect on August 6, 2022. 28. BALAL BHATTI allegedly sustained injuries while working in the course of his employment with ISLAND at the roadway known as the westbound I-495 / Long Island Expressway. 29. Upon information and belief, that demand has been made upon ISLAND and its representatives, to undertake the defense and/or indemnity of Plaintiff pursuant to the terms of said agreement but such has not been undertaken. 30. That by reason thereof, Plaintiff is entitled to judgment against ISLAND for full or partial indemnity by contract, together with those costs incurred by Plaintiff in connection with the defense of the aforementioned Court of Claims litigation, including but not limited to attorneys’ fees’ and expenses. 31. That by reason thereof, Plaintiff is entitled to full indemnity or partial indemnity pursuant to contract from ISLAND. 7 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 AS AND FOR A THIRD CAUSE OF ACTION AGAINST GPI FOR BREACH OF CONTRACT 32. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs numbered “1” through “31” as if set forth fully herein. 33. That pursuant to the aforementioned contractual agreement between the parties, GPI agreed to procure general liability insurance and excess/umbrella insurance, in favor of and for the benefit of Plaintiff for such liability that might be imposed against Plaintiff and arising out of services and work performed by or on behalf of GPI. 34. Upon information and belief, Plaintiff has made demand that GPI’s liability insurer(s) undertake its defense and indemnity with respect to the Court of Claims action, but no liability insurer has done so. 35. That upon information and belief, GPI has breached the terms of the aforementioned contract by failing to procure and maintain the necessary primary and excess/umbrella insurance. 36. That by reason thereof, Plaintiff is entitled to full indemnity and insurance coverage from GPI, for full indemnity by contract, together with those costs incurred by Plaintiff in connection with the defense of the Court of Claims action, including, but not limited to, attorneys’ fees and expenses. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST ISLAND FOR BREACH OF CONTRACT 37. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs numbered “1” through “36” as if set forth fully herein. 38. That pursuant to the aforementioned contractual agreement between the parties, ISLAND agreed to procure general liability insurance and excess/umbrella insurance, in favor of 8 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 and for the benefit of Plaintiff for such liability that might be imposed against Plaintiff arising out of services and work performed by or on behalf of ISLAND. 39. Upon information and belief, Plaintiff has made demand that ISLAND’s liability insurer(s) undertake its defense and indemnity with respect to the Court of Claims action, but no liability insurer has done so. 40. That upon information and belief, ISLAND has breached the terms of the aforementioned contract by failing to procure and maintain the necessary primary and excess/umbrella insurance. Al. That by reason thereof, Plaintiff is entitled to full indemnity and insurance coverage from ISLAND, for full indemnity by contract, together with those costs incurred by Plaintiff in connection with the defense of the Court of Claims action, including, but not limited to, attorneys’ fees and expenses. AS AND FOR A FIFTH CAUSE OF ACTION AGAINST GPI FOR CONTRIBUTION 42. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs numbered “1” through “41” as if set forth fully herein. 43. If Claimant sustained injuries and damages in the manner alleged in the Notice of Claim (Exhibit A), which is expressly denied herein, such injuries and damages were caused by reason of the negligence, carelessness, recklessness, and violation of applicable rules, ordinances, laws, regulations and statutes of GPI, their agents, servants, and/or employees, which supervised, caused, and/or permitted to exist conditions at the westbound I-495 / Long Island Expressway that constituted, caused, or contributed to the injuries alleged in Claimant’s pleadings, and consequently GPI is responsible in whole or in part for such personal injuries. 9 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 44. By reason of the foregoing, should any judgment be rendered against Plaintiff as Respondent in the Court of Claims action, Plaintiff is entitled to judgment over and against GPI based upon the principles of contribution for the full amount of a recovery or for that proportion thereof caused by the relative responsibility of GPI. AS AND FOR A SIXTH CAUSE OF ACTION AGAINST ISLAND FOR CONTRIBUTION 45. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs numbered “1” through “44” as if set forth fully herein. 46. If Claimant sustained injuries and damages in the manner alleged in the Notice of Claim (Exhibit A), which is expressly denied herein, such injuries and damages were caused by reason of the negligence, carelessness, recklessness, and violation of applicable rules, ordinances, laws, regulations and statutes of ISLAND, their agents, servants, and/or employees, which supervised, caused, and/or permitted to exist conditions at the westbound I-495 / Long Island Expressway near Exit 60 that constituted, caused, or contributed to the injuries alleged in Claimant’s pleadings, and consequently ISLAND is responsible in whole or in part for such personal injuries. 47. By reason of the foregoing, should any judgment be rendered against Plaintiff as Respondent in the Court of Claims action, Plaintiff is entitled to judgment over and against ISLAND based upon the principles of contribution for the full amount of that recovery or the proportion thereof caused by the relative responsibility of ISLAND. AS AND FOR A SEVENTH CAUSE OF ACTION AGAINST GPI FOR COMMON LAW INDEMNITY 48. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs numbered “1” through “47” as if set forth fully herein. 10 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 49. If the claimant BALAL BHATTI recovers a judgment against Plaintiff in the Court of Claims action, such damages and liability imposed upon the Plaintiff will have been caused and/or brought about by reason of the primary and active negligence of GPI, and/or the violation of a statute, rule, regulation and/or ordinance by GPI, without any active or primary negligence on the part of Plaintiff contributing thereto, thus Plaintiff shall be entitled to indemnification pursuant to the principles of common law from GPI from all damages which may be as ssed against Plaintiff including, but not limited to, costs, disbursements and attorneys’ fees. AS AND FOR AN EIGHTH CAUSE OF ACTION AGAINST ISLAND FOR COMMON LAW INDEMNITY 50. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs numbered “1” through “49” as if set forth fully herein. 51. If the claimant BALAL BHATTI recovers a judgment against Plaintiff in the Court of Claims action, such damages and liability imposed upon the Plaintiff will have been caused and/or brought about by reason of the primary and active negligence of ISLAND, and/or the violation of a statute, rule, regulation and/or ordinance by ISLAND, without any active or primary negligence on the part of Plaintiff contributing thereto, thus Plaintiff shall be entitled to indemnification pursuant to the principles of common law from ISLAND from all damages which may be ass ssed against Plaintiff including, but not limited to, costs, disbursements and attorneys’ fees. AS AND FOR A NINTH CAUSE OF ACTION AGAINST LINHAO HE FOR CONTRIBUTION 52. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the paragraphs numbered “1” through “51” as if set forth fully herein. 11 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 53. On August 5, 2022 Defendant, LINHAO HE was the owner, borrower, lender, renter, lessor or lessee of a 2017 Ford Mustang motor vehicle bearing California license plate # 8EMV427. 54. On or about August 5, 2022 at an unknown time and location, Defendant, LINHAO HE ignored barricades, signs, lights, construction personnel, and an array of other safety devices to enter onto the westbound I-495 / Long Island Expressway in the motor vehicle bearing California license plate # 8EMV427, which he knew or should have known was closed to the public. 55. On or about 11:30 p.m. on August 5, 2022, Defendant, LINHAO HE was negligent in the ownership, operation, maintenance and control of his motor vehicle; in operating his motor vehicle at an excessive rate of speed under the circumstances then and there prevailing; in failing to heed an obvious road closure, and in being in all ways generally careless, reckless and negligent. 56. If Claimant Balal Bhatti sustained injuries and damages in the manner alleged in his Notice of Claim (Exhibit A), which is expressly denied herein, such injuries and damages were caused by reason of the negligence, carelessness, recklessness, and violation of applicable tules, ordinances, laws, regulations and statutes of Defendant, LINHAO HE, who negligently operated his vehicle at a closed section of the westbound I-495 / Long Island Expressway and caused the injuries alleged in Claimant Balal Bhatti’s pleadings, and consequently Defendant, LINHAO HE is responsible in whole or in part for such personal injuries. 57. By reason of the foregoing, should any judgment be rendered against Plaintiff as Respondent in the Court of Claims action, it is entitled to judgment over and against Defendant, 12 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 LINHAO HE based upon the principles of contribution for the full amount of that recovery or the proportion thereof caused by the relative responsibility of Defendant, LINHAO HE. AS AND FOR A TENTH CAUSE OF ACTION AGAINST LINHAO HE FOR COMMON LAW INDEMNITY 58. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs numbered “1” through “57” as if set forth fully herein. 59. If the claimant, BALAL BHATTI recovers a judgment against Plaintiff in the Court of Claims action, such damages and liability imposed upon the Plaintiff will have been caused and/or brought about by reason of the primary and active negligence of LINHAO HE, and/or the violation of a statute, rule, regulation and/or ordinance by LINHAO HE, without any active or primary negligence on the part of Plaintiff contributing thereto, thus Plaintiff shall be entitled to indemnification pursuant to the principles of common law from LINHAO HE from all damages which may be assessed against Plaintiff including, but not limited to, costs, disbursements and attorneys’ fees. WHEREFORE, Plaintiff demands judgment over and against Defendants, for all causes of action in an amount that exceeds the jurisdictional limits of all lower courts together with interest, costs and disbursements of the instant action. Dated: New York, New York May 11, 2023 Yours, etc., PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP By Kenneth). Kutner KENNETH J. KUTNER Attorneys for Plaintiff THE STATE OF NEW YORK 14 Wall Street, Suite 4D, New York, NY 10005 (212) 406-9710 File no: 107045 13 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 To GREENMAN-PEDERSEN INC. 325 West Main Street, Babylon, New York 11702 ISLAND PAVEMENT CUTTING CO., INC. 31 Cleveland Avenue, Bay Shore, New York 11706 LINHAO HE 138-35 Elder Avenue, Flushing, New York 11355 14 of 15 INDEX NO. 611982/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 ATTORNEYS VERIFICATION KENNETH J. KUTNER, affirms as follows: Iam an attorney admitted to practice in the Courts of the State of New York, and am the attorney for Plaintiff, THE STATE OF NEW YORK, in the within action, and as such, am fully familiar with all the facts and circumstances therein. This verification is made pursuant to CPLR §3020(d)(2). Deponent further states that I have caused to have drawn the foregoing Verified Complaint and know the contents thereof and that the same are true to his own knowledge, except those matters alleged to be on information and belief, and as to those matters the deponent believes them to be true. Dated: New York, New York May 11, 2023 KENNETH). KUTNER KENNETH J. KUTNER 15 of 15 Exhibit “A” INDEX NO. 611982/2023 FILED: SUFFOLK COUNTY CLERK 1071272023 02:23 PM NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 STATE OF NEW YORK: COURT OF CLAIMS “XK In the Matter of the Claim of CLAIM FOR DAMAGES BALAL BHATTI, Claimant, ~against- THE STATE OF NEW YORK and NEW YORK STATE DEPARTMENT OF TRANSPORTATION, Defendants. sete tenn eee nen n enn ene n en en ee nen en nne nnn ennnnnenn nn K To: ATTORNEY GENERAL OF THE STATE OF NEW YORK 200 Old Country Road, Suite #240 Mineola, New York 11501 28 Liberty Street New York, New York 10271 PLEASE TAKE NOTICE that the undersigned claimants, BALAL BHATTI and AMANDA BHATTI, hereby make claims and demand against you as follows: NAME AND ADDRESS Balal Bhatti OF CLAIMANT: 32 Moore Drive Bethpage, New York 11714 CLAIMANT’S DELL & DEAN, PLLC ATTORNEYS: 1225 Franklin Avenue, Suite 450 Garden City, NY 11530 516-880-9700 NATURE OF CLAIM: The nature of the claim is for severe and permanent personal injuries sustained by BALAL BHATTI and all other damages allowed by statute and case law as a result of the negligence, carelessness, recklessness and gross negligence of THE STATE OF NEW YORK and NEW YORK STATE DEPARTMENT OF TRANSPORTATION, their agents, servants, licensees, contractors, subcontractors, employees and other affiliates agencies and departments, and those acting under their direction, behest, permission and control in the ownership, operation, designing, creating, management, maintenance, contracting, subcontracting, supervision, authorizing use and control of the premises/ road construction site located at or near Exit 60 of I-495/Long Island Expressway, more specifically, within the road construction site area situated approximately 4% mile west of Hawkins Avenue. ler INDEX NO. 611982/2023 FILED: SUFFOLK COUNTY CLERK 1071272023 02:23 PM NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 TIME AND PLACE Said claim arose on 08/06/2022, at approximately 11:30PM at a road CLAIM AROSE: construction project on westbound I-495 (Long Island Expressway), approximately 1/2 Miles west of Hawkins Avenue, Town of Brookhaven, in the County of Suffolk, State of New York. MANNER IN WHICH On said date and at said location, Claimant, BALAL BHATTI, was CLAIM AROSE: severely and permanently injured in the course of his employment at the I-495/Long Island Expressway road construction/repair project, Claimant, BALAL BHATTI, an employee of Island Pavement Cutting Company, was performing road work on said highway when he was struck by a vehicle bearing a California license plate # 8EMV427 operated by Linhao He. Upon information and belief, Tully Construction Company, Inc, was the general contractor for the subject project. As a result of said occurrence, Claimant, BALAL BHATTI, was seriously injured by reason of the negligence, recklessness, carelessness and gross negligence of THE STATE OF NEW YORK and THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION, their agents, servants, employees and/or licensees, and/or contractors, in the ownership, operation, control and maintenance of said premises; in that THE STATE OF NEW YORK and THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION failed to properly guard, fence and/or barricade the portion of the road construction site where road work being performed so as to prevent the entry of the motor vehicles into construction zone; in failing to regulate vehicular travel; in failing to properly regulate vehicular travel at and/or near the road construction zone; in failing to use flagmen; in failing to use sufficient number of flagmen; in failing to properly position flagmen; in failing to properly close off the road for vehicular traffic; in failing to place adequate warning signs; in failing to use flashing lights; in failing to properly warn operators of motor vehicles of road closures; in failing to utilize proper means of closing the road off for vehicular traffic; in failing to block off entrance/exit ramps leading to/from the highway; in failing to properly block off entrance/exit ramps leading to/from the highway; in failing to provide sufficient illumination; in improperly designing the portion of the roadway where the accident took place; in failing to inspect the construction area; in failing to take preventative steps to correct said conditions despite actual and constructive notice thereof; in failing to comply with the laws, rules, regulations, guidelines, ordinances, statutes, codes and directives in such cases made and provided; in failing to exercise due and reasonable care so that the aforesaid roadway would be safe for persons using same; in failing to properly and/or adequately investigate complaints regarding prior incidents involving motor vehicles at the aforesaid area; in failing to properly and/or adequately investigate complaints of similar, prior incidents at different areas of the roadway; in failing to properly and/or adequately investigate complaints of similar incidents and/or 20f 5 INDEX NO. 611982/2023 FILED: SUFFOLK COUNTY CLERK 1071272023 02:23 PM NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/12/2023 under similar roadway conditions in different areas of this roadway; in failing to properly and/or adequately investigate prior accidents involving motor vehicles at the aforesaid area and/or under similar circumstances on said roadway; in failing to properly monitor vehicular traffic; in failing to properly respond to the events leading up to the within accident; in failing to act upon results, findings and/or recommendations of hearings and investigations held; in failing to adequately reduce the speed limit thereat; in failing to have adequate and appropriate signage; in failing to enforce the speed limit thereat, in that actual notice that the speed limit then and there existing was being disregarded; in failing to warn motorists of an impending danger; in failing to warn users not to enter the roadway at the aforesaid location; in failing to have proper safety devices to prevent said occurrence; in failing to install adequate lighting at the aforesaid location; in failing to maintain adequate lighting at the aforesaid location; in allowing said roadway to be, become and remain in a state of disrepair; in failing to prevent claimant from becoming seriously and permanently injured; in failing to prevent the aforesaid accident which was foreseeable, after actual and constructive notice of the dangerous condition was given that existed thercat; in failing to take the necessary and appropriate steps to remedy or eradicate the dangerous, hazardous and defective conditions complained of; in failing to take appropriate and requisite steps and make appropriate and required inspections; in failing to provide the claimant with a safe place to walk; in allowing the claimant to be injured while performing work at said road construction project; in creating a trap-like condition; in creating a hazardous condition; in causing a hazardous condition to exist; in failing to fence/barricade or otherwise secure the dangerous area; in that the STATE OF NEW YORK and THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION breached their duty to claimant in failing to comply with the requirements of the applicable Sections of Labor Law §200, §240(1) and §241(6) of the State of New York, It is hereby further claimed that THE STATE OF