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FILED: NEW YORK COUNTY CLERK 10/08/2020 12:23 PM INDEX NO. 159323/2019
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 10/08/2020
FILED: NEW INDEX NO. 159323/2019
INDEX NO. 159323/2019
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 10/08/2020
09/24/2019 12:23
10:33 PM
P
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 671 RECEIVED
RECEIVED NYSCEF: 09/24/2019
NYSCEF: 10/08/2020
INDEX
FILE #: 21841 FILED S-=3
SUPREME COURT of the STATE OF NEW YORK dex No.
COUNTY OF NEW YORK Plaintiff(s) designates
---------------------- --------------------------X NEW YORK
IRIS A. NUNEZ, County as the place of trial
The basis of venue is
Plaintiff(s), PLAINTIFF'S RESIDENCE
PLAINTIFF reside(s) at
-against- 608 W 189TH STREET
BO7 CONSTRUCTION CORP., C&T PLUMBlNG & County of NEW YORK
HEATING, INC., a/k/a C&T PLUMBING & HTG, INC.,
DUANE D. POLADIAN, MD ASHRAF ALI and
ASHRAF ALI. P.E., P.C.,
Defendant(s)
__.....------- ----------X
To the above named Defendant(s)
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 Plaintiff's
Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after
the service is complete if this summens is not personally delivered to you within the State of New York); and in case
of your failure to appear or answer, jüdgrñent will be taken against you b default for the relief acmañded herein.
Dated: September 17, 2019
Defendant's Addresses:
' BY: PETER M Y, ESQ.
This SUMMO AND COMPLAINT and the
papers on which it is based, are certified pursuant to
Section 130-1.1-a of the rules of the Chief
Administrator (22NYCRR)
SUBIN ASSOCIATES, LLP
Attorney(s) for Plaintiff(s)
Office and Post Office Address
Notice: The object of this action is to 150 Broadway
recover for personal injury New York, New York 10038
due to defendant(s) negligence (212) 285-3800
The relief sought is Monetary Damages
Upon your failure to appear, jüdgracñt will be taken against you by default with interest from 5/5/2014 and
the costs of this action
DEFENDANT(S) ADDRESS(ES)
ASHRAF ALI , P.E., P.C.
130 East 107* Street
New York, Ne w York
MD ASHRAF ALI
130 East 107th
New York, Ne w York
[SEE RIDER FOR ADDITIONAL DEFENDANTS)
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R1DER
BO7 CONSTRUCTION CORP.
1941 Southern Boulevard - # 5C
Bronx, New York 10460
C&T PLUMBING A& HEATING INC.
a/k/.a C&T PLUMBING & HTG INC.
136-81 Roosevelt Avenue- 4th
FlOOr
Flushing, New York I1354
C&T PLUMBING A& HEATING INC.
a/k/.a C&T PLUMBING & HTG INC.
C/O HUI LASSER
29 15™ Street
Brooklyn, New York 11215
DUANE D. POLADIAN
29 15m Street
Brooklyn, New York 11215
DUANE D. POLADIAN
136-81 Roosevelt Avenue - 46 Floor
Flushing, New York 11354
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NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 671 RECEIVED NYSCEF: 09/24/2019
RECEIVED NYSCEF: 10/08/2020
FILE #: 21841
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------X
IRIS A. NUNEZ,
VERIFIED COMPLAINT
Plaintiff(s),
-against-
BO7 CONSTRUCTION CORP., C&T PLUMBING &
HEATING, INC., a/k/a C&T PLUMBING & HTG, INC.,
DUANE D. POLADIAN, MD ASHRAF ALI and ASHRAF
ALI. P.E., P.C.,
Defendant(s)
----------------------------------------------------------X
Plaintiff, complaining of the defendants by her attorney upon information and belief,
respectfully allege(s):
AS AND FOR A FIRST CAUSE OF ACTION IN BEHALF
OF PLAINTIFF IRIS NUNEZ
1. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP.,
was and still is a corporation doing business in the State of New York.
2. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP., its
agents, servants and/or employees operated the premises located at 608 West 189th Street,
New York, New York.
3. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP., its
agents, servants and/or employees maintained the aforementioned premises.
4. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP., its
agents, servants and/or employees managed the aforementioned premises.
5. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP., its
agents, servants and/or employees controlled the aforementioned premises.
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6. That for a period of time prior to 5/5/2014, the defendant, BO7 CONSTRUCTION
CORP., its agents, servants and/or employees served as a contractor and/or sub-contractor
with regard to the performance of certain construction work, labor and/or services with
reference to the aforesaid premises.
7. That prior to 5/5/2014, an agreement existed relative to certain work, labor and/or service
to be performed by or on behalf of the defendants BO7 CONSTRUCTION CORP., and/or
its agents, servants and/or employees with reference to the aforesaid premises.
8. That at all the times herein mentioned, the aforesaid construction work included the
excavation, erection, demolition, repair, alteration, renovation restoration and/or other
work upon and located at said premises.
9. That at all the times herein mentioned, defendant BO7 CONSTRUCTION CORP., its
agents, servants, representatives and/or employees were engaged in the business of real
estate development.
10. That at all the times herein mentioned, the aforesaid construction work included the
erection, roofing, demolition, repair, alteration, painting, installation, and/or other work
defendants'
upon a certain building and/or structure situated upon and located at premises
known as 608 West 189th Street, New York, New York.
11. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP..,
was responsible for oversight of all aspects of work done as part of the construction
project at 608 West 189th Street, New York, New York.
12. That at all the times herein mentioned, defendant BO7 CONSTRUCTION CORP., was
responsible for coordinating and supervising the entire construction project at 608 West
189th Street, New York, New York.
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13. That at all the times herein mentioned, defendant BO7 CONSTRUCTION CORP., was
responsible for enforcing safety standards in compliance with, inter alia, New York Labor
Law, the New York City Industrial Codes and OSHA regulations.
14. That at all the times herein mentioned, defendant BO7 CONSTRUCTION CORP., was
responsible for ensuring a safe worksite for plaintiff and other persons who, like the
plaintiff, were lawfully present and/or working on the construction project located at 608
West 189th Street, New York, New York.
15. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING,
INC., a/k/a C&T PLUMBING & HTG, INC., herein after referred to as "C&T
PLUMBING & HEATING INC.", was and still is a corporation doing business in the
State ofNew York.
16. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING,
INC., was also known as C&T PLUMBING & HTG, INC.
17. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING,
INC., its agents, servants and/or employees operated the aforementioned premises.
18. That at all the times herein mentioned, the defendant C&T PLUMB1NG & HEATING,
INC., its agents, servants and/or employees maintained the aforementioned premises.
19. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING,
INC., its agents, servants and/or employees managed the aforementioned premises.
20. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING,
INC., its agents, servants and/or employees controlled the aforementioned premises.
21. That for a period of time prior to 5/5/2014, the defendant, C&T PLUMBING &
its agents, servants and/or employees served as a contractor and/or sub-
HEATING, INC.,
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contractor with regard to the performance of certain construction work, labor and/or
services with reference to the aforesaid premises.
22. That prior to 5/5/2014, an agreement existed relative to certain work, labor and/or service
to be performed by or on behalf of the defendants C&T PLUMBING & HEATING, INC.,
and/or its agents, servants and/or employees with reference to the aforesaid premises.
23. That at all the times herein mentioned, the aforesaid construction work included the
excavation, erection, demolition, repair, alteration, renovation restoration and/or other
work upon and located at said premises.
24. That at all the times herein mentioned, defendant C&T PLUMBING & HEATING, INC.,
its agents, servants, representatives and/or employees were engaged in the business of real
estate development.
25. That at all the times herein mentioned, the aforesaid construction work included the
erection, roofing, demolition, repair, alteration, painting, installation, and/or other work
defendants'
upon a certain building and/or structure situated upon and located at premises
known as 608 West 189th Street, New York, New York.
26. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING,
INC., was responsible for oversight of all aspects of work done as part of the construction
project at 608 West 189th Street, New York, New York.
27. That at all the times herein mentioned, defendant C&T PLUMBING & HEATING, INC.,
was responsible for coordinating and supervising the entire construction project at 608
West 189th Street, New York, New York.
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28. That at all the times herein mentioned, defendant C&T PLUMBING & HEATING, INC.,
was responsible for enforcing safety standards in compliance with, inter alia, New York
Labor Law, the New York City Industrial Codes and OSHA regulations.
29. That at all the times herein mentioned, defendant C&T PLUMBING & HEATING, INC.,
was responsible for ensuring a safe worksite for paintiff and other persons who, like the
plaintiff, were lawfully present and/or working on the construction project located at 608
West 189th Street, New York, New York.
30. That at all the times herein mentioned, the defendant DUANE D. POLADIAN, his agents,
servants and/or employees operated the aforementioned premises.
31. That at all the times herein mentioned, the defendant DUANE D. POLADIAN, his agents,
servants and/or employees maintained the aforementioned premises.
32. That at all the times herein mentioned, the defendant DUANE D. POLADIAN, his agents,
servants and/or employees managed the aforementioned premises.
33. That at all the times herein mentioned, the defendant DUANE D. POLADIAN, his agents,
servants and/or employees controlled the aforementioned premises.
34. That for a period of time prior to 5/5/2014, the defendant, DUANE D. POLADIAN, his
agents, servants and/or employees served as a contractor and/or sub-contractor with regard
to the performance of certain construction work, labor and/or services with reference to
the aforesaid premises.
35. That prior to 5/5/2014, an agreement existed relative to certain work, labor and/or service
to be performed by or on behalf of the defendants DUANE D. POLADIAN, and/or its
agents, servants and/or employees with reference to the aforesaid premises.
36. That at all the times herein mentioned, the aforesaid work included the excavation,
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erection, demolition, repair, alteration, renovation restoration and/or other work upon and
located at said premises.
37. That at all the times herein mentioned, defendant DUANE D. POULADIAN, his agents,
servants, representatives and/or employees were engaged in the business of real estate
development.
38. That at all the times herein mentioned, the aforesaid work included the erection, roofing,
demolition, repair, alteration, painting, installation, and/or other work upon a certain
defendants'
building and/or structure situated upon and located at premises known as 608
West 189th Street, New York, New York.
39. That at all the times herein mentioned, the defendant DUANE D. POULADIAN., was
responsible for oversight of all aspects of work done as part of the construction project at
608 West 189th Street, New York, New York.
40. That at all the times herein mentioned, defendant DUANE D. POULADIAN, was
responsible for coordinating and supervising the entire construction project at 608 West
189th Street, New York, New York.
41. That at all the times herein mentioned, defendant DUANE D. POULADIAN, was
responsible for enforcing safety standards in compliance with, inter alia, New York Labor
Law, the New York City Industrial Codes and OSHA regulations.
42. That at all the times herein mentioned, defendant DUANE D. POULADIAN, was
responsible for ensuring a safe worksite for plaintiff and other persons who, like the
plaintiff, were lawfully present and/or working on the construction project located at 608
West 189th Street, New York, New York.
43. That at all the times herein rnentioned, the defendant MD ASHRAF ALI, was the owner
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.
of the premises located at 608 West 189th Street.
44. That at all the times herein mentioned, the defendant MD ASHRAF ALI, his agents,
servants and/or employees operated the aforementioned premises.
45. That at all the times herein mentioned, the defendant MD ASHRAF ALI, his agents,
servants and/or employees maintained the aforementioned premises.
46. That at all the times herein mentioned, the defendant MD ASHRAF ALI, his agents,
servants and/or employees managed the aforementioned premises.
47. That at all the times herein mentioned, the defendant MD ASHRAF ALI, his agents,
servants and/or employees controlled the aforementioned premises.
48. That at all the times herein mentioned, defendant MD ASHRAF ALI, his agents, servants,
representatives and/or employees were engaged in the business of real estate development.
49. That at all the times herein mentioned, the aforesaid work included the erection, roofing,
demolition, repair, alteration, painting, installation, and/or other work upon a certain
defendants'
building and/or structure situated upon and located at premises known as 608
West 189th Street, New York, New York.
50. That at all the times herein mentioned, the defendant MD ASHRAF ALI, was responsible
for oversight of all aspects of work done as part of the construction project at 608 West
189th Street, New York, New York.
51. That at all the times herein mentioned, defendant MD ASHRAF ALI, was responsible for
coordinating and supervising the entire construction project at 608 West 189th Street, New
York, New York.
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. .
52. That at all the times herein mentioned, defendant MD ASHRAF ALI, was responsible for
enforcing safety standards in compliance with, inter alia, New York Labor Law, the New
York City Industrial Codes and OSHA regulations.
53. That at all the times herein mentioned, defendant MD ASHRAF ALI, was responsible for
ensuring a safe worksite for plaintiff and other persons who, like the plaintiff, were
lawfully present and/or working on the construction project located at 608 West 189th
Street, New York, New York.
54. That at all the times herein mentioned, the defendant ASHRAF ALI. P.E., P.C., was and
still is a corporation doing business in the State ofNew York.
55. That at all the times herein mentioned, the defendant ASHRAF ALI. P.E., P.C., was the
owner of the premises located at 608 West 189th Street.
56. That at all the times herein mentioned, the defendant MD ASHRAF ALI. P.E., P.C., his
agents, servants and/or employees
Preview
FILED: NEW YORK COUNTY CLERK 10/08/2020 12:23 PM INDEX NO. 159323/2019 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 10/08/2020 FILED: NEW INDEX NO. 159323/2019 INDEX NO. 159323/2019 FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 10/08/2020 09/24/2019 12:23 10:33 PM P NYSCEF NYSCEF DOC. DOC. NO. NO. 671 RECEIVED RECEIVED NYSCEF: 09/24/2019 NYSCEF: 10/08/2020 INDEX FILE #: 21841 FILED S-=3 SUPREME COURT of the STATE OF NEW YORK dex No. COUNTY OF NEW YORK Plaintiff(s) designates ---------------------- --------------------------X NEW YORK IRIS A. NUNEZ, County as the place of trial The basis of venue is Plaintiff(s), PLAINTIFF'S RESIDENCE PLAINTIFF reside(s) at -against- 608 W 189TH STREET BO7 CONSTRUCTION CORP., C&T PLUMBlNG & County of NEW YORK HEATING, INC., a/k/a C&T PLUMBING & HTG, INC., DUANE D. POLADIAN, MD ASHRAF ALI and ASHRAF ALI. P.E., P.C., Defendant(s) __.....------- ----------X To the above named Defendant(s) 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 Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summens is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, jüdgrñent will be taken against you b default for the relief acmañded herein. Dated: September 17, 2019 Defendant's Addresses: ' BY: PETER M Y, ESQ. This SUMMO AND COMPLAINT and the papers on which it is based, are certified pursuant to Section 130-1.1-a of the rules of the Chief Administrator (22NYCRR) SUBIN ASSOCIATES, LLP Attorney(s) for Plaintiff(s) Office and Post Office Address Notice: The object of this action is to 150 Broadway recover for personal injury New York, New York 10038 due to defendant(s) negligence (212) 285-3800 The relief sought is Monetary Damages Upon your failure to appear, jüdgracñt will be taken against you by default with interest from 5/5/2014 and the costs of this action DEFENDANT(S) ADDRESS(ES) ASHRAF ALI , P.E., P.C. 130 East 107* Street New York, Ne w York MD ASHRAF ALI 130 East 107th New York, Ne w York [SEE RIDER FOR ADDITIONAL DEFENDANTS) 1 of 15 FILED: FÌLED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 10/08/2020 09/24 /2019 12:23 10:33 PM INDEX INDEX NO. 159323/2019 NO. 159323/2019 PM1 NYSCEFDOC. NYSCEF DOC.NO. NO. 671 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/08/2020 09/24/2019 R1DER BO7 CONSTRUCTION CORP. 1941 Southern Boulevard - # 5C Bronx, New York 10460 C&T PLUMBING A& HEATING INC. a/k/.a C&T PLUMBING & HTG INC. 136-81 Roosevelt Avenue- 4th FlOOr Flushing, New York I1354 C&T PLUMBING A& HEATING INC. a/k/.a C&T PLUMBING & HTG INC. C/O HUI LASSER 29 15™ Street Brooklyn, New York 11215 DUANE D. POLADIAN 29 15m Street Brooklyn, New York 11215 DUANE D. POLADIAN 136-81 Roosevelt Avenue - 46 Floor Flushing, New York 11354 2 of 15 FILED: INDEX NO. 159323/2019 INDEX NO. 159323/2019 |FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 10/08/2020 0 9/24 /2 019 12:23 10 : 33 PM PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 671 RECEIVED NYSCEF: 09/24/2019 RECEIVED NYSCEF: 10/08/2020 FILE #: 21841 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------X IRIS A. NUNEZ, VERIFIED COMPLAINT Plaintiff(s), -against- BO7 CONSTRUCTION CORP., C&T PLUMBING & HEATING, INC., a/k/a C&T PLUMBING & HTG, INC., DUANE D. POLADIAN, MD ASHRAF ALI and ASHRAF ALI. P.E., P.C., Defendant(s) ----------------------------------------------------------X Plaintiff, complaining of the defendants by her attorney upon information and belief, respectfully allege(s): AS AND FOR A FIRST CAUSE OF ACTION IN BEHALF OF PLAINTIFF IRIS NUNEZ 1. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP., was and still is a corporation doing business in the State of New York. 2. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP., its agents, servants and/or employees operated the premises located at 608 West 189th Street, New York, New York. 3. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP., its agents, servants and/or employees maintained the aforementioned premises. 4. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP., its agents, servants and/or employees managed the aforementioned premises. 5. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP., its agents, servants and/or employees controlled the aforementioned premises. 3 of 15 FILED: NEW INDEX NO. NO. 159323/2019 159323/2019 NEW YORK YORK COUNTY CLERK 10/08/2020 12:23 PM INDEX [FILED: COUNTY CLERK 09/24/2019 10:33 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 671 RECEIVED NYSCEF: RECEIVED NYSCEF: 09/24/2019 10/08/2020 6. That for a period of time prior to 5/5/2014, the defendant, BO7 CONSTRUCTION CORP., its agents, servants and/or employees served as a contractor and/or sub-contractor with regard to the performance of certain construction work, labor and/or services with reference to the aforesaid premises. 7. That prior to 5/5/2014, an agreement existed relative to certain work, labor and/or service to be performed by or on behalf of the defendants BO7 CONSTRUCTION CORP., and/or its agents, servants and/or employees with reference to the aforesaid premises. 8. That at all the times herein mentioned, the aforesaid construction work included the excavation, erection, demolition, repair, alteration, renovation restoration and/or other work upon and located at said premises. 9. That at all the times herein mentioned, defendant BO7 CONSTRUCTION CORP., its agents, servants, representatives and/or employees were engaged in the business of real estate development. 10. That at all the times herein mentioned, the aforesaid construction work included the erection, roofing, demolition, repair, alteration, painting, installation, and/or other work defendants' upon a certain building and/or structure situated upon and located at premises known as 608 West 189th Street, New York, New York. 11. That at all the times herein mentioned, the defendant BO7 CONSTRUCTION CORP.., was responsible for oversight of all aspects of work done as part of the construction project at 608 West 189th Street, New York, New York. 12. That at all the times herein mentioned, defendant BO7 CONSTRUCTION CORP., was responsible for coordinating and supervising the entire construction project at 608 West 189th Street, New York, New York. 4 of 15 FILED: [FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK dLERK 10/08/2020 09/24/2019 12:23 10:33 PM PM| INDEX NO. 159323/2019 INDEX NO. 159323/2019 NYSCEF DOC. NYSCEF NO. 671 DOC. NO. RECEIVED NYSCEF: 09/24/2019 RECEIVED NYSCEF: 10/08/2020 13. That at all the times herein mentioned, defendant BO7 CONSTRUCTION CORP., was responsible for enforcing safety standards in compliance with, inter alia, New York Labor Law, the New York City Industrial Codes and OSHA regulations. 14. That at all the times herein mentioned, defendant BO7 CONSTRUCTION CORP., was responsible for ensuring a safe worksite for plaintiff and other persons who, like the plaintiff, were lawfully present and/or working on the construction project located at 608 West 189th Street, New York, New York. 15. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING, INC., a/k/a C&T PLUMBING & HTG, INC., herein after referred to as "C&T PLUMBING & HEATING INC.", was and still is a corporation doing business in the State ofNew York. 16. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING, INC., was also known as C&T PLUMBING & HTG, INC. 17. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING, INC., its agents, servants and/or employees operated the aforementioned premises. 18. That at all the times herein mentioned, the defendant C&T PLUMB1NG & HEATING, INC., its agents, servants and/or employees maintained the aforementioned premises. 19. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING, INC., its agents, servants and/or employees managed the aforementioned premises. 20. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING, INC., its agents, servants and/or employees controlled the aforementioned premises. 21. That for a period of time prior to 5/5/2014, the defendant, C&T PLUMBING & its agents, servants and/or employees served as a contractor and/or sub- HEATING, INC., 5 of 15 FILED: |F ILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 10/08/2020 09/24/2019 10 : 33 12:23 PM P1d INDEX NO. 159323/2019 INDEX NO. 159323/2019 NYSCEF DOC. NYSCEF NO. 671 DOC. NO. RECEIVED NYSCEF: 09/24/2019 RECEIVED NYSCEF: 10/08/2020 contractor with regard to the performance of certain construction work, labor and/or services with reference to the aforesaid premises. 22. That prior to 5/5/2014, an agreement existed relative to certain work, labor and/or service to be performed by or on behalf of the defendants C&T PLUMBING & HEATING, INC., and/or its agents, servants and/or employees with reference to the aforesaid premises. 23. That at all the times herein mentioned, the aforesaid construction work included the excavation, erection, demolition, repair, alteration, renovation restoration and/or other work upon and located at said premises. 24. That at all the times herein mentioned, defendant C&T PLUMBING & HEATING, INC., its agents, servants, representatives and/or employees were engaged in the business of real estate development. 25. That at all the times herein mentioned, the aforesaid construction work included the erection, roofing, demolition, repair, alteration, painting, installation, and/or other work defendants' upon a certain building and/or structure situated upon and located at premises known as 608 West 189th Street, New York, New York. 26. That at all the times herein mentioned, the defendant C&T PLUMBING & HEATING, INC., was responsible for oversight of all aspects of work done as part of the construction project at 608 West 189th Street, New York, New York. 27. That at all the times herein mentioned, defendant C&T PLUMBING & HEATING, INC., was responsible for coordinating and supervising the entire construction project at 608 West 189th Street, New York, New York. 6 of 15 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 09/24 /2019 10/08/2020 10 :33 12:23 PM PM INDEX NO. 159323/2019 INDEX NO. 159323/2019 DOC. NO. NYSCEF DOC. NYSCEF NO. 671 RECEIVED NYSCEF: 09/24/2019 RECEIVED NYSCEF: 10/08/2020 28. That at all the times herein mentioned, defendant C&T PLUMBING & HEATING, INC., was responsible for enforcing safety standards in compliance with, inter alia, New York Labor Law, the New York City Industrial Codes and OSHA regulations. 29. That at all the times herein mentioned, defendant C&T PLUMBING & HEATING, INC., was responsible for ensuring a safe worksite for paintiff and other persons who, like the plaintiff, were lawfully present and/or working on the construction project located at 608 West 189th Street, New York, New York. 30. That at all the times herein mentioned, the defendant DUANE D. POLADIAN, his agents, servants and/or employees operated the aforementioned premises. 31. That at all the times herein mentioned, the defendant DUANE D. POLADIAN, his agents, servants and/or employees maintained the aforementioned premises. 32. That at all the times herein mentioned, the defendant DUANE D. POLADIAN, his agents, servants and/or employees managed the aforementioned premises. 33. That at all the times herein mentioned, the defendant DUANE D. POLADIAN, his agents, servants and/or employees controlled the aforementioned premises. 34. That for a period of time prior to 5/5/2014, the defendant, DUANE D. POLADIAN, his agents, servants and/or employees served as a contractor and/or sub-contractor with regard to the performance of certain construction work, labor and/or services with reference to the aforesaid premises. 35. That prior to 5/5/2014, an agreement existed relative to certain work, labor and/or service to be performed by or on behalf of the defendants DUANE D. POLADIAN, and/or its agents, servants and/or employees with reference to the aforesaid premises. 36. That at all the times herein mentioned, the aforesaid work included the excavation, 7 of 15 FILED: |FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 10/08/2020 09/24 /2019 12:23 10 :33 PM PM) INDEX NO. 159323/2019 INDEX NO. 159323/2019 DOC. NO. NYSCEF DOC. NYSCEF NO. 67 1 RECEIVED NYSCEF: 09/24/2019 RECEIVED NYSCEF: 10/08/2020 erection, demolition, repair, alteration, renovation restoration and/or other work upon and located at said premises. 37. That at all the times herein mentioned, defendant DUANE D. POULADIAN, his agents, servants, representatives and/or employees were engaged in the business of real estate development. 38. That at all the times herein mentioned, the aforesaid work included the erection, roofing, demolition, repair, alteration, painting, installation, and/or other work upon a certain defendants' building and/or structure situated upon and located at premises known as 608 West 189th Street, New York, New York. 39. That at all the times herein mentioned, the defendant DUANE D. POULADIAN., was responsible for oversight of all aspects of work done as part of the construction project at 608 West 189th Street, New York, New York. 40. That at all the times herein mentioned, defendant DUANE D. POULADIAN, was responsible for coordinating and supervising the entire construction project at 608 West 189th Street, New York, New York. 41. That at all the times herein mentioned, defendant DUANE D. POULADIAN, was responsible for enforcing safety standards in compliance with, inter alia, New York Labor Law, the New York City Industrial Codes and OSHA regulations. 42. That at all the times herein mentioned, defendant DUANE D. POULADIAN, was responsible for ensuring a safe worksite for plaintiff and other persons who, like the plaintiff, were lawfully present and/or working on the construction project located at 608 West 189th Street, New York, New York. 43. That at all the times herein rnentioned, the defendant MD ASHRAF ALI, was the owner 8 of 15 FILED: NEW ™DEX NO. 159323/2019 INDEX NO. 159323/2019 FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 10/08/2020 09/24 /2019 12:23 10 : 33 PM P1d NYSCEF NYSCEF DOC. DOC. NO. NO. 67 1 RECEIVED NYSCEF: 09/24/2019 RECEIVED NYSCEF: 10/08/2020 . of the premises located at 608 West 189th Street. 44. That at all the times herein mentioned, the defendant MD ASHRAF ALI, his agents, servants and/or employees operated the aforementioned premises. 45. That at all the times herein mentioned, the defendant MD ASHRAF ALI, his agents, servants and/or employees maintained the aforementioned premises. 46. That at all the times herein mentioned, the defendant MD ASHRAF ALI, his agents, servants and/or employees managed the aforementioned premises. 47. That at all the times herein mentioned, the defendant MD ASHRAF ALI, his agents, servants and/or employees controlled the aforementioned premises. 48. That at all the times herein mentioned, defendant MD ASHRAF ALI, his agents, servants, representatives and/or employees were engaged in the business of real estate development. 49. That at all the times herein mentioned, the aforesaid work included the erection, roofing, demolition, repair, alteration, painting, installation, and/or other work upon a certain defendants' building and/or structure situated upon and located at premises known as 608 West 189th Street, New York, New York. 50. That at all the times herein mentioned, the defendant MD ASHRAF ALI, was responsible for oversight of all aspects of work done as part of the construction project at 608 West 189th Street, New York, New York. 51. That at all the times herein mentioned, defendant MD ASHRAF ALI, was responsible for coordinating and supervising the entire construction project at 608 West 189th Street, New York, New York. 9 of 15 FILED: NEW YORK COUNTY CLERK 10/08/2020 12:23 PM INDEX NO. 159323/2019 INDEX NO. 159323/2019 [FILED: NEW YORK /2019 COUNTY CLERK 09/24 10:33 PM| NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 10/08/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2019 . . 52. That at all the times herein mentioned, defendant MD ASHRAF ALI, was responsible for enforcing safety standards in compliance with, inter alia, New York Labor Law, the New York City Industrial Codes and OSHA regulations. 53. That at all the times herein mentioned, defendant MD ASHRAF ALI, was responsible for ensuring a safe worksite for plaintiff and other persons who, like the plaintiff, were lawfully present and/or working on the construction project located at 608 West 189th Street, New York, New York. 54. That at all the times herein mentioned, the defendant ASHRAF ALI. P.E., P.C., was and still is a corporation doing business in the State ofNew York. 55. That at all the times herein mentioned, the defendant ASHRAF ALI. P.E., P.C., was the owner of the premises located at 608 West 189th Street. 56. That at all the times herein mentioned, the defendant MD ASHRAF ALI. P.E., P.C., his agents, servants and/or employees