Preview
FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019
"C"
EXHIBIT
FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019
STATE OF NEW YORK
COURTOF CLAIMS
JULIE AYALA,
NOTICE OF INTENTION
Claimant, TO FILE CLAIM
-asainst-
NEW YORK STATE AFFORDABLE HOUSINO
CORPORATION,
Defendant ·
- . -
TO: NEW YORK STATE APPORDABLEHOUSINO CORPORATION
NEW YORK STATE AFFORDABLE HOUSINOCORPORATION c/o
THE ATTORNEY0ENERAL OF THE STATE0PNEW YORK
PLEASE TAKE NOTICE that theundersigned claimant hemby intends to filea claim against the
NEW YORK STATE AFFORDABLE HOUSINO CORPORATION pursuant to Court of Claims
Act §§ 10 and 11.
claimants'
1. Name and post office address of each claimant and attorneys is:
JULE AYALA HALLOCK & MALERBA, P.C.
1355 E NEW YORK AVENUE, APT. 5F 1955 DBliR PARK AVENUB
BROOKLYN,NEW YORK 11212 DEERPARK, NEW YORK 11729
(631) 482-8888
2. The natme of the claim:
To recover money damages for personal 1q|uries,pain and suffering, medical expenses and related
damages incered by and on behalforolaimant JULIE AYALA, by reason of the negligence,:ecidessness
and carelessness of NEW YORK STATE APPORDABLE HOUSINO CORPORATION, itsagents,
servants,employees and/or licensees in theownership, operation, construction, inspection, demolition and
controlof 147-20 94*Avenue, Jamaica, New York 11435.
3. The time when, the place where and the manner in which the elaim amse:
At approximately 11:40 p.m. on March 26, 2018, while claimant JULIB AYALA was employed by A&M
Pmfessional Security Consulting Corp. as a laborer who contracted with the NEW YORK STATE
AFFORDABLE HOUSDiO CORPORATION, who is theowner of 147-20 94*Avenue, Jamaica, County
of Queens, City of New York, State of New York, to perform security work atsaid location the otal-ne
FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019
.
. . . .
was caused to and
slip/trip fallon a naii on the wet stairs down tothe basement This occurrence
leading
happened by reason of the negligence, mcklessness and carelessness of the NEW YORK STATE
AFFORDABLE HOUSINO CORPORATION, itsagents. cmployees and/or licensees in the
servants,
ownership, management, maintenance, operation, contml, constmotion, demolition, and supervision of
94*
147-20 Avenue, Jamaica, County of Queens, City of New York, State of New in to
York, falling
provide the claimant with proper protection. On 1Warch 26, 201g the atomsaid location was undergoing
repair, renovation, construction and/or alterations. The NEW YORK STATE AFFORDABLE
HOUSINO CORPORATION, itsagents, servants,servants and/or employees were neglipnt and violated
the provisions of §200, 240 and 241 of the Labor Law of the State of New York. the applicable
provisions of Rule 23 of The Industrial code of theState of New York. and the mles of theOccunational
Safety and Health Administration as theypertain to construction.
Further, the incident was caused reason of the neglipace of the NEW YORK STATE AFFORDABLE
HOUSINO CORPORATION in falling toproperly own, operate, construct,demolish, supervise,inspect,
and provide paper safety equipment at said construction sitetoclaimant who was at said
lawfhily working
siteimmediately prior to the occurrence. Further, the NEW YORK STATE AFFORDABLE HOUSING
CORPORATION, theirservants, agents, and/or employees were careless,reckless,negligent and guiltyof
culpable conduct, in causing, creating permitting and/or allowing a dangemus, hazadous, defective
condition to be,continue, and remain upon said premises; incausing, allowing, creating,and/or pennitting a
hazard, menace, and a nuisance for persons lawfully at saidprenñses, and in paticular thisclaimant; in
faifag to hire competent personnel for the purpose of maintaining said premises; in hiring,
negligntly
supervising and training theiremployees; in fallingto take reasonable measures necessary to prevent the
creationof a hazardous condition forthose persons lawfhily at saidpsumises, and inparticularthisclaimant;
in fallingto provide adequate lighting;in failing to adequately supervise those servants, agents, and/or
employees who were present on thepremises in order topmtect against thecreation, aml/or allowance of a
hazardous condition; in causing the etaimant to fan; incasing, permining, and allowing said premises to
exist and remain in a dangemus and otherwise unsatisfactorycondition, themby constitutinga concealed
menace, nuisance, hazard and trap; incausing, permitting,and allowing said stairto existand remain in a
dangerous and otherwise unsatisfactmy condition, thereby constitutinga concealed menace, nuinanes, hazard
and trap; infailing to adequately and reasonably supervise their servants,agents, and/or employees forthe
purpose of adequately and responsibly operating maintaining and controlling the premises; in casing,
and allowing the arosesaid stairtobe, become and remain in an unsafe hazardous and dangemus
pennitting
condition; infailingto takethe necessary and requisitestepsto prevent thisforeseeable occunence; in having
both actualand/or constmctive knowledge of the dangemus conditions complained oft in violatingthe
applicable rules,statutes,and ordinances which govemed the activities
of the respondents at the time and
place hereinmentioned; and in otherwise being negligentinthe prernises.
Additionally, the atomsaid occurrence was caused by thenegligence, camlessness, recklesmess and culpable
conduct of the :espondents, their agents, servants, and/or employees in the ownership, opemtion,
maintenance, management and contm! of the location and work ama, in thatthey caused, permitted and
allowed the work area aforementioned to be, become and remain in an unsafe hazardous and dangmus
canrarian; in to pmvide plaintiffwith a safeplace so work; in to
failing instituteany safetypacedures;
failing
in ibilingto adhere to standard safety procedures and deviating from said procedures; infallingto wam the
plaintiffand others of the attendant danges and perils;in failing to paperly plan, direct,inspect and
supervise the work/construction and equipment atthe aforesaid work/construction site; infallingto provide
paper lightingat the work ama and site;in permitting and/or allowing a dangerous, hazardous and traplike
condition to exist and remain; In fallingto take the necessay precaution and safegprardsto prevent the
occurrence aforementioned; in cmelessly, recklessly,and negligently creating a hazadous, dangnous,
traplike condition; in falling to employ, train and supervise competent individuals for the purposes of
parenting thisfanseeable occurrence; in failingtotake the necessay pmcautions and safeguards topmvent
the occurrence aforementioned; in carelessly, recklesslyand negligently creating a hazardous, dangerous,
traplikecondition; infailingto paperly inspect and/or pmvide suitablemeans of pmtecting and safegunding
persons at thework area and site;in failingto the work mea inn safecondition; in failingtoprovide the
keep
.
FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019
. .
claimant with a safeplace to work; in failingto fumish and/or erectangor failingtocame others to fmnish or
erectstaffolding, hoists,
stays, ladders,stings,hanges, blocks, pulleys,braces,imns, spes and otherdevices,
including but not limited tobakers scaffolds Insuch a manner as togive proper protection to persons these
employed, including but not limited to thisclaimant; inviolating theStatutes of the Stateof New York and
the Rules as Pmmulgated by the Board of Standards and Appeals, including Sections 200 and 241 of the
Labor Law, and the Industrial Code; and were otherwise negligent, careless and reckless under the
ckcumstances.
4. Claimant JULIE AYALA sustained multiple bodily itguries,incisding, but not limited to her head,
neck, back and both legs, the fullextent of which are as yet unknown and which have caused claimant to
incur and tocontinue to incur expenses for medical attentionand treatment and caused claimant to be
absent from employment with a resultant loss therefrom in a sum which exceeds the jurisdictional
limits
of alllower courts which would otherwise have jurisdiction.
The undersigned claimant therefore presents this claim for adjustment and payment in the amount of
FlVE MELION DOLLARS (5,000,000.00). You are hereby notified that unless said claim isadjusted
and paid within the time provided by law from the date of presentation to you, the claimants intend to
commence an action on this claim.
.
Dated: Deer Park, New York
June 19, 2018
K & MALERBA, P.C.
By: en Goldberg
Attorneys forClaimant
1955 Deer Park Avenue
Deer Park, New York 11729
(631) 482-8888
FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019
VERDUCATION
STATE OF NEW YpRK)
COUNTY 0E16401C )
I, Juli s A yal 4 , theundersigned, swom deposes and says:
being duly
I am a Plaintiff in the within I have
action. rend the foregoing 140NQC st
know the contents thereof. The content istrue to my own knowledge except as tomatters therein
stated to be alleged upon inforrnation and and
belief, as to those matters 1 believe them to be
true.
X -
Swom to before me this -
.
Day of , 20 (Î
Notary Public 00NNat.FuCK
of NewYork
Heiary hbtic.Sese
No.01FLS00868
FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019
. .· - ..
, ,
STATE OF NEW YORK
COURT OF CLAIMS
JULIE AYALA,
Claimant,
- against-
NEW YORK STATE AFFORDABLE HOUSING CORPORATION,
Defendant
NOTICE OF INTENTION TO FILE CLAIM
HALLOCK&MALFAB A, RC
Anorney for Galment
1935 Deer Park Annue
Deer Park,New York 11739
(631) 482•8888
Preview
FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019 "C" EXHIBIT FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019 STATE OF NEW YORK COURTOF CLAIMS JULIE AYALA, NOTICE OF INTENTION Claimant, TO FILE CLAIM -asainst- NEW YORK STATE AFFORDABLE HOUSINO CORPORATION, Defendant · - . - TO: NEW YORK STATE APPORDABLEHOUSINO CORPORATION NEW YORK STATE AFFORDABLE HOUSINOCORPORATION c/o THE ATTORNEY0ENERAL OF THE STATE0PNEW YORK PLEASE TAKE NOTICE that theundersigned claimant hemby intends to filea claim against the NEW YORK STATE AFFORDABLE HOUSINO CORPORATION pursuant to Court of Claims Act §§ 10 and 11. claimants' 1. Name and post office address of each claimant and attorneys is: JULE AYALA HALLOCK & MALERBA, P.C. 1355 E NEW YORK AVENUE, APT. 5F 1955 DBliR PARK AVENUB BROOKLYN,NEW YORK 11212 DEERPARK, NEW YORK 11729 (631) 482-8888 2. The natme of the claim: To recover money damages for personal 1q|uries,pain and suffering, medical expenses and related damages incered by and on behalforolaimant JULIE AYALA, by reason of the negligence,:ecidessness and carelessness of NEW YORK STATE APPORDABLE HOUSINO CORPORATION, itsagents, servants,employees and/or licensees in theownership, operation, construction, inspection, demolition and controlof 147-20 94*Avenue, Jamaica, New York 11435. 3. The time when, the place where and the manner in which the elaim amse: At approximately 11:40 p.m. on March 26, 2018, while claimant JULIB AYALA was employed by A&M Pmfessional Security Consulting Corp. as a laborer who contracted with the NEW YORK STATE AFFORDABLE HOUSDiO CORPORATION, who is theowner of 147-20 94*Avenue, Jamaica, County of Queens, City of New York, State of New York, to perform security work atsaid location the otal-ne FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019 . . . . . was caused to and slip/trip fallon a naii on the wet stairs down tothe basement This occurrence leading happened by reason of the negligence, mcklessness and carelessness of the NEW YORK STATE AFFORDABLE HOUSINO CORPORATION, itsagents. cmployees and/or licensees in the servants, ownership, management, maintenance, operation, contml, constmotion, demolition, and supervision of 94* 147-20 Avenue, Jamaica, County of Queens, City of New York, State of New in to York, falling provide the claimant with proper protection. On 1Warch 26, 201g the atomsaid location was undergoing repair, renovation, construction and/or alterations. The NEW YORK STATE AFFORDABLE HOUSINO CORPORATION, itsagents, servants,servants and/or employees were neglipnt and violated the provisions of §200, 240 and 241 of the Labor Law of the State of New York. the applicable provisions of Rule 23 of The Industrial code of theState of New York. and the mles of theOccunational Safety and Health Administration as theypertain to construction. Further, the incident was caused reason of the neglipace of the NEW YORK STATE AFFORDABLE HOUSINO CORPORATION in falling toproperly own, operate, construct,demolish, supervise,inspect, and provide paper safety equipment at said construction sitetoclaimant who was at said lawfhily working siteimmediately prior to the occurrence. Further, the NEW YORK STATE AFFORDABLE HOUSING CORPORATION, theirservants, agents, and/or employees were careless,reckless,negligent and guiltyof culpable conduct, in causing, creating permitting and/or allowing a dangemus, hazadous, defective condition to be,continue, and remain upon said premises; incausing, allowing, creating,and/or pennitting a hazard, menace, and a nuisance for persons lawfully at saidprenñses, and in paticular thisclaimant; in faifag to hire competent personnel for the purpose of maintaining said premises; in hiring, negligntly supervising and training theiremployees; in fallingto take reasonable measures necessary to prevent the creationof a hazardous condition forthose persons lawfhily at saidpsumises, and inparticularthisclaimant; in fallingto provide adequate lighting;in failing to adequately supervise those servants, agents, and/or employees who were present on thepremises in order topmtect against thecreation, aml/or allowance of a hazardous condition; in causing the etaimant to fan; incasing, permining, and allowing said premises to exist and remain in a dangemus and otherwise unsatisfactorycondition, themby constitutinga concealed menace, nuisance, hazard and trap; incausing, permitting,and allowing said stairto existand remain in a dangerous and otherwise unsatisfactmy condition, thereby constitutinga concealed menace, nuinanes, hazard and trap; infailing to adequately and reasonably supervise their servants,agents, and/or employees forthe purpose of adequately and responsibly operating maintaining and controlling the premises; in casing, and allowing the arosesaid stairtobe, become and remain in an unsafe hazardous and dangemus pennitting condition; infailingto takethe necessary and requisitestepsto prevent thisforeseeable occunence; in having both actualand/or constmctive knowledge of the dangemus conditions complained oft in violatingthe applicable rules,statutes,and ordinances which govemed the activities of the respondents at the time and place hereinmentioned; and in otherwise being negligentinthe prernises. Additionally, the atomsaid occurrence was caused by thenegligence, camlessness, recklesmess and culpable conduct of the :espondents, their agents, servants, and/or employees in the ownership, opemtion, maintenance, management and contm! of the location and work ama, in thatthey caused, permitted and allowed the work area aforementioned to be, become and remain in an unsafe hazardous and dangmus canrarian; in to pmvide plaintiffwith a safeplace so work; in to failing instituteany safetypacedures; failing in ibilingto adhere to standard safety procedures and deviating from said procedures; infallingto wam the plaintiffand others of the attendant danges and perils;in failing to paperly plan, direct,inspect and supervise the work/construction and equipment atthe aforesaid work/construction site; infallingto provide paper lightingat the work ama and site;in permitting and/or allowing a dangerous, hazardous and traplike condition to exist and remain; In fallingto take the necessay precaution and safegprardsto prevent the occurrence aforementioned; in cmelessly, recklessly,and negligently creating a hazadous, dangnous, traplike condition; in falling to employ, train and supervise competent individuals for the purposes of parenting thisfanseeable occurrence; in failingtotake the necessay pmcautions and safeguards topmvent the occurrence aforementioned; in carelessly, recklesslyand negligently creating a hazardous, dangerous, traplikecondition; infailingto paperly inspect and/or pmvide suitablemeans of pmtecting and safegunding persons at thework area and site;in failingto the work mea inn safecondition; in failingtoprovide the keep . FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019 . . claimant with a safeplace to work; in failingto fumish and/or erectangor failingtocame others to fmnish or erectstaffolding, hoists, stays, ladders,stings,hanges, blocks, pulleys,braces,imns, spes and otherdevices, including but not limited tobakers scaffolds Insuch a manner as togive proper protection to persons these employed, including but not limited to thisclaimant; inviolating theStatutes of the Stateof New York and the Rules as Pmmulgated by the Board of Standards and Appeals, including Sections 200 and 241 of the Labor Law, and the Industrial Code; and were otherwise negligent, careless and reckless under the ckcumstances. 4. Claimant JULIE AYALA sustained multiple bodily itguries,incisding, but not limited to her head, neck, back and both legs, the fullextent of which are as yet unknown and which have caused claimant to incur and tocontinue to incur expenses for medical attentionand treatment and caused claimant to be absent from employment with a resultant loss therefrom in a sum which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. The undersigned claimant therefore presents this claim for adjustment and payment in the amount of FlVE MELION DOLLARS (5,000,000.00). You are hereby notified that unless said claim isadjusted and paid within the time provided by law from the date of presentation to you, the claimants intend to commence an action on this claim. . Dated: Deer Park, New York June 19, 2018 K & MALERBA, P.C. By: en Goldberg Attorneys forClaimant 1955 Deer Park Avenue Deer Park, New York 11729 (631) 482-8888 FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019 VERDUCATION STATE OF NEW YpRK) COUNTY 0E16401C ) I, Juli s A yal 4 , theundersigned, swom deposes and says: being duly I am a Plaintiff in the within I have action. rend the foregoing 140NQC st know the contents thereof. The content istrue to my own knowledge except as tomatters therein stated to be alleged upon inforrnation and and belief, as to those matters 1 believe them to be true. X - Swom to before me this - . Day of , 20 (Î Notary Public 00NNat.FuCK of NewYork Heiary hbtic.Sese No.01FLS00868 FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2019 . .· - .. , , STATE OF NEW YORK COURT OF CLAIMS JULIE AYALA, Claimant, - against- NEW YORK STATE AFFORDABLE HOUSING CORPORATION, Defendant NOTICE OF INTENTION TO FILE CLAIM HALLOCK&MALFAB A, RC Anorney for Galment 1935 Deer Park Annue Deer Park,New York 11739 (631) 482•8888