Preview
FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018
FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018
INDEX NO. 155570/2016
(FILED : NEW YORK COUNTY CLERK 07/05/2016 04:33 PM)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.:
--- -------------------- ----X Date Purchased:
ANTHONY MAGNI,
SUMMONS
Plaintiff,
Plaintiffdesignates NEW
-against-
YORK County as place of
trial.
THIRD AVENUE TOWER OWNER, LLC, POLSINELLI
PC and CLUNE CONSTRUCTION COMPANY, LP.,
The Basis of Venue:
Defendants. County of principal place of
----------- ----------------- ----------X business of defendant,
CLUNE CONSTRUCTION
COMPANY, L.P.
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, ifthe complaint is not served with thissummons, to
serve a notice of appearañce on the Plaintiff's Attorneys 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 thissummons is not personally delivered to you within the State ofNew
York); and in case of your failure to appear of answer, judgment will be taken against
you be default for the relief demanded herein.
Dated: Garden City, New York
July 5, 2016
SACKSTEIN, SACKSTElN & 1,EE, LLP
BY:
LAURENCE D. R GÉR-8 1 SQ.
Attorneys for Plaintiff
1140 Franklin Avenue
Suite 210
Garden City, New York 11530
(516) 248-2234
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TO: THIRD AVENUE TOWER OWNER, LLC
c/o NYS Department of State (LLC §303)
POLSTNELLI PC
c/o NYS Department of State (BCL §306)
CLUNE CONSTRUCTION COMPANY, L.P.
c/o NYS Department of State (Partnership Law §121-109)
k
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---- --- --------------------------------------X Index No.:
ANTHONY MAGN1, Date Purchased:
Plaintiff,
VERIFIED COMPLAINT
-against-
THIRD AVENUE TOWER OWNER, LLC, POLSINELL1
PC and CLUNE CONSTRUCTION COMPANY, L.P.,
Defendants.
_____________________.-------·---------------X
PlaintitY, by his attorneys, SACKSTEIN, SACKSTEIN & LEE, LLP, complaining
of the defcñdants herein, respectfully shows to thiscourt and alleges as follow upon
information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
1. That at alltimes hereinafter alleged the defendant, THIRD AVENUE
TOWNER OWNER, LLC, was a dornestic corporation organized and criming under and
by virtue of the laws of the State of New York.
2. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, TH1RD AVENUE TOWNER OWNER, LLC, was a foreign corporation
authorized to do business under and by virtue of the laws of the State of New York.
3. That at all times lierciñafteralleged, and upon inforination and belief,the
defendant, THIRD AVF,NUE TOWNER OWNER, LLC, was a foreign limited liability
company authorized to do business under and by virtue of the laws of the State of New
York.
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4. That at alltimes hereinafter alleged the defendant, POLSfNEL LI PC, was
a domestic corporation organized and existing under and by virtue of the laws of the State
of New York.
5. That at alltimes hereinafter alleged, and upon infoürsailon and belief, the
defendant, POLSINELLl PC, was a foreign corporation authorized to do business under
and by virtue of the laws of the State of New York.
6. That at alltimes hereinafter alleged the defendant, CLUNE
CONSTRUCTION COMPANY, L.P., was a domestic corporation organima and existing
under and by virtue of the laws of the State of New York.
7. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, LP., was a foreign corporation
authorized to do business under and by virtue of the laws of the State of New York.
8. That at alltimes herein alleged, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, L.P., maintained itsprincipal place
of business in the County of New York, City and State of New York.
9. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
owned the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
10. That at alltimes hereinafter alleged, and upon inforrnation and belief,
prior to February 10, 201 6,the defendant, THIRD AVENUE TOWER OWNER, LLC,
mañagêd the building and premises located at 600 Third Avenue, in the of New
County
York, City and State of New York.
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1 l. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
maintained the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
12. That at alltimes hereinafter alleged, and upon inforrnation and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
supervised the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
13. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the dcfcndant, THIRD AVENUE TOWER OWNER, LLC,
controlled the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
14. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
entered into an agreement and/or arrangement to provide and perform certain work, labor
and/or services at the building and premises located at 600 Third Avenue, in the County
of New York, City and State of New York.
15. That at alltimes hercinafict alleged, and upon information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
emered into a contract to provide and perform certain work, labor and/or services at the
building and premises located at 600 Third Avenue, in the of New and
County York, City
State of New York.
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16. That on February 10, 2016, and upon infonnation and belief, the
defendant, THIRD AVENUE TOWER OWNER, LLC, was performing certain work,
labor and/or services at the and premises located at 600 Third Avenue, in the
building
County of New York, City and State of New York.
17. That on February 10, 2016. and upon intbrmation and belief, the
defendant, THIRD AVENUE TOWER OWNER, LLC, was the general contractor at the
building and premises located at 600 Third Avenue, in the County of New York, City and
State of New York.
18. That on February 10, 2016, and upon information and belief, the
defendant, THIRD AVENUE TOWER OWNER, LLC, was the project rֈr,ct at the
building and premises located at 600 Third Avenue, in the County of New York, City and
State of New York.
19. That on February 10, 2016, and upon information and belief,the
defendant, THERD AVENUE TOWER OWNER, LLC, was a contractor at the building
and premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
20. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, THIRD AVENUE TOWER OWNER, LLC, was performing certain work,
labor and/or services at the aforesaid location and directed, supervised and controlled all
of the work and/or services performed in and about the building and premises located at
600 Third Avenue, in the County of New York, City and State of New York.
21, That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
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hired various entitiesto provide and perform certain work, labor and/or services at the
building and premises located at 600 Third Avenue, in the County of New York, City and
State of New York.
22. That at alltimes hereinafter allegcd, and upon information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
was responsible for the site safety of the work, labor and/or services being performed in
and about the building and premises located at 600 Third Avenue, in the County ofNew
York, City and State ofNew York.
23. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
inspected the work, labor and/or services being performed in and about the building and
premises located at 600 Third Avenue, in the County ofNew York, City and State of
New York.
24. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLI PC, owned the building and
premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
25. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016. the defendant. POLSINELLI was a tenant of the
PC, building
and premises located at 600 Third Avenue, in the of New and State of
County York, City
New York.
26. That at alltimes hereiñäfter alleged, and upon information and belief,
prior to February 10, 2016, the POLSINELLI was
defendant, PC, a Icssee of the building
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and premises located at 600 Third Avenue. in the County of New York, City and State of
New York.
27. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLI PC, mâñaged the building and
premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
28. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLi PC, maintained the building and
premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
29. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLI PC. supervised the building and
premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
30. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLI PC, controlled the building and
prernises located at 600 Third Avenue, in the County of New York, City and State of
New York.
31. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLI PC, entered into an agreement
and/or arraugmuum to provide and perfonn certain work, labor and/or services at the
building and premises located at 600 Third Avenue, in the of New York, and
County City
State of New York.
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32. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLI PC, entered into a contract to
provide and perform certain work, labor and/or services at the building and premises
located at 600 Third Avenue, in the County of New York, City and State of New York.
33. That on February 10, 201 6, and upon information and belief, the
defendant, POLSINELLI PC, was performing certain work, labor and/or services at the
building and premises located at 600 Third Avenue, in the County of New York, City and
State of New York.
34. That on February 10, 2016, and upon information and belief, the
defendant, POLSINELLI PC, was the general contractor at the building and premises
located at 600 Third Avenue, in the County ofNew York, City and State of New York.
35. That on February 10, 2016, and upon information and belief, the
defendant, POLSINELLI PC, was the project manager at the building and premises
located at 600 Third Avenue, in the County of New York, City and State of New York.
36. That on February 10, 2016, and upon information and belief, the
defendant, POLSINELLI PC, was a contractor at the building and premises located at 600
Third Avenue, in the County of New York, City and State of New York.
37. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, POLSINELL1 PC, was performing certain work, labor and/or services at the
aforesaid location and directed, supervised and controlled all of the work and/or services
performed in and about the building and premises located at 600 Third Avenue, in the
County of New York, City and State of New York.
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38. That at alltimes hereinafter alleged, and upon inforrnation and belief,
prior to February 10, 2016, the dethñdañt. POLSINELL1 PC. hired various entities to
provide and perform certain work, labor and/or services at the building and premises
located at 600 Third Avenue, in the County of New York, City and State of New York.
39. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendard, POLSINELLI PC, was responsible forthe site
safety ofthe work, labor and/or services being performed in and about the building and
premises located at 600 Third Avenue, in the County ofNew York, City and State of
New York.
40. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLI PC, inspected the work, labor
and/or services being performed in and about the building and premises located at 600
Third Avenue, in the County of New York. City and State of New York.
41. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, LP.,
owned the buildirtg and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
42. That at all times hereinaller alleged, and upon information and belief,
prior to February I0, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P.,
managed the building and premises located at 600 Third Avenue, in the of New
County
York. City and State of New York.
43. That at alltimes hereinafter and upon information and
alleged, belief,
prior to February 10, 2016, the CLUNE CONSTRUCTION
defendant, COMPANY, LP.,
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maimained the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
44. That at alltimes bereinaller alleged, and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCT]GN COMPANY, L.P.,
supervised the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
45. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY. L.P.,
controlled the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
46. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, LP.,
entered into an agreement and/or arrangemcñt to provide and perform certain work, labor
and/or services at the building and premises located at 600 Third Avenue, in the County
of New York, City and State of New York.
47. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P.,
entered into a contract to provide and perform certain work, labor and/or services at the
building and premises located at 600 Third Avenue, in the of New York, and
County City
State of New York.
48. That on February 10, 2016, and upon information and the
belief,
defendant, CLUNE CONSTRUCTION COMPANY, LP., was certain
performing work,
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labor and/or services at the building and premises located at 600 Third Avenue, in the
County of New York, City and State of New York.
49. That on February 10, 2016, and upon infonnation and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, LP., was the general c0ñtractor at
the building and premises located at 600 Third Avenue, in the County of New York, City
and State of New York.
50. That on February 10, 2016, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, LP., was the project manager at the
building and premises located at 600 Third Avenue, in the County of New York, City and
State of New York.
5 1. That on February 10, 2016, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, L.P., was a contractor at the building
and premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
52. That at alltimes hcrcinafter alleged, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, L.P., was performing certain work,
labor and/or services at the aforesaid location and directed, supervised and controlled all
of the work and/or services performed in and about the building and premises iccated at
600 Third Avenue, in the County of New York, City and State of New York.
53. That at alltimes hereinafter alleged. and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P.,
hired various entities to provide and perform certain work, labor and/or services at the
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building and premises located at 600 Third Avenue, in the County of New York, City and
. State of New York.
54. That at alltimes hereinafter alleged, and upon infonnation and belief,
. .
prior to Febrüâry 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, LP.,
was responsible for the site safety of the work, labor and/or services being performed in
and about the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
55. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P.,
inspected the work, labor and/orservices being performed in and about the building and
premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
56. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendants, TH1RD AVENUE TOWER OWNER, LLC
and CLUNE CONSTRUCTION COMPANY, L.P., entered into an agrccmcat and/or
arrangement to provide and perform certain work, labor and/or services at the building
and premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
57. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendants, POLSINELL1 PC and CLUNE
CONSTRUCTION COMPANY, L.P., entered into a contract to provide and perform
certain work, labor and/or services at the and premises located at 600 Third
building
Avenue, in the County of New York, and State ofNew York.
City
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58. That on February 10, 2016, the plaintiff, ANTHONY MAGN1, was on, at
or about the aforesaid building and premises as a worker.
59. That on February 10, 2016. while the plaintiff, ANTHONY MAGNI, was
40d'
on the Floor of the aforesaid building and premises located at 600 Third Avenue, in
the County of New York, City and State of New York, he was caused to be injured by a
falling object.
60. That on or about February 10, 2016, while the plaintiff,ANTHONY
MAGN1, was on the aforesaid building and premises, he was caused to be injured when
he was struck by a shelf that collapsed and/or fellover and/or otherwise failed.
61. That on or about February 10, 2016, the plaintiff,ANTHONY MAGNI,
was caused to be injured as a result of height related risks and the failure to provide
adequate and proper protection against the hazards of objects falling from a height.
62. The defendants herein were negligent, reckless and careless in that they
violated their duty to persons on the aforesaid building and premises and to this plaintiff
in particular, in knowingly peñüiitting, suffering and allowing the aforesaid building and
premises to be, become and remain in a defective, unsafe and dangerous condition; were
negligent in the supervision, hiring and training of itsagents, servants and employees; in
failing to provide the proper safety device to safeguard the plaintiff from the height
related risk;in failing to provide workers and in particular the plaintiff with protection
from falling objects; in failing. neglecting and omitting to provide safety devices for
proper protection and to guard against and eliminate the hazard of falling objects; in
allowing the defeñdâñts to perform the work without the applicable safety devices, and
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the defendants were fiirthernegligent in failing to take suitable precautions forthe safety
of persons lawfully on the aforesaid building and premises.
63. The aforesaid accident and the injuries resulting therefrom were due solely
and wholly as a result of the careless and negligent manner in which the defeñdañts
owned, maintained, controlled and perfonned construction work on the aforesaid building
and premises, without the plaintiff in any way contributing thereto.
64. That by reason of the foregoing and the negligence of the defendants, the
plaintiff,ANTHONY MAGNI, was severely injured, bruised and wounded, suffered, still
suffers and will continue to suffer for some time physical pain and bodily injuries and
became sick, sore, lame and disabled and so remained for a cessi-jerable length of time.
65. That by reason of the foregoing, the plaintiti, ANTHONY MAGNI, was
compelled to and did necessarily require rnedical aid and attention, and did necessarily
pay and become liable therefore for medicines and upon information and belief, the
plaintiff, ANTHONY MAGNl, will necessarily incur similar expenses.
66. That by reason of the foregoing, the plaintiff,ANTHONY MAGNI, has
been unable to attend to his usual occupation in the maññct required, sustaining loss of .
wages and will suffer loss of earnings in the future.
67. One or more of the exceptions of §1602 of the Civil Practice Law and
Rules applies to the within action.
68. That as a result of the foregoing, the ANTHONY has
plaintiff, MAGNI,
been damagcd in a sum that exceeds the jurisdictional limits of alllower courts.
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AS AND FOR A SECOND CAUSE OF ACTION
69. Plaintiff, ANTHONY MAGNI, repeats and realleges each and every
allegation contained in paragraphs 1 through 68 inclusive, with the same force and effect
as though more fully set forth at length herein.
70. That the defendants failed to provide plaintiffwith a safe place to work.
71. That the defendants failed to provide plaintiffwith safety devices and/or
equipment that would have provided the plaintiff protection from a height-related risk.
72. That the defêñdañts violated §§200, 240(1) and 241(6) of the New York
State Labor Law.
73. That the defendants violated the Industrial Code of the State of New York.
74. That as a result of the foregoing, the plaintiff, ANTHONY MAGNI, has
been damaged in a sum that exceeds the jurisdictional limits of all lower courts which
would otherwise have jurisdiction over this action.
WHEREFORE, plaintiff,ANTHONY MAGNI, dcmañds judgment against the
defendants forthe First and Second Causes of Action for an amount in excess of the
jurisdictional amounts of the lower Courts that would otherwise have jurisdiction over
this action, together with the costs and disbursements of this action.
Dated: Garden City, New York
July 5, 2016
SACKSTEIN, SACKSTEIN & LEE, LLP
By: Laurence Mogers, Esq.
Attorneys for Plaintif
1140 Franklin Avenue, Suite 210
Garden City, New York 11530
(516) 248-2234
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VER1FICATION
STATE OF NEW YORK )
)ss.:
COUNTYOFNASSAU )
ANTHOÑY MAGNI, being duly sworn, deposes and says:
That I am the plaintiff in this action. that I have read the Complaint and know the
conicñts to be true to the best of my own knowledge, except for those matters alleged to
be on information and belief, and as to those matters, 1 believe them to be true.
ANTHO Ý MAGNI
Sworn to before me this
day of July, 2016
. TAR PUBLIC
Preview
FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 EXHIBIT A FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 INDEX NO. 155570/2016 (FILED : NEW YORK COUNTY CLERK 07/05/2016 04:33 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: --- -------------------- ----X Date Purchased: ANTHONY MAGNI, SUMMONS Plaintiff, Plaintiffdesignates NEW -against- YORK County as place of trial. THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC and CLUNE CONSTRUCTION COMPANY, LP., The Basis of Venue: Defendants. County of principal place of ----------- ----------------- ----------X business of defendant, CLUNE CONSTRUCTION COMPANY, L.P. To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, ifthe complaint is not served with thissummons, to serve a notice of appearañce on the Plaintiff's Attorneys 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 thissummons is not personally delivered to you within the State ofNew York); and in case of your failure to appear of answer, judgment will be taken against you be default for the relief demanded herein. Dated: Garden City, New York July 5, 2016 SACKSTEIN, SACKSTElN & 1,EE, LLP BY: LAURENCE D. R GÉR-8 1 SQ. Attorneys for Plaintiff 1140 Franklin Avenue Suite 210 Garden City, New York 11530 (516) 248-2234 1 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 TO: THIRD AVENUE TOWER OWNER, LLC c/o NYS Department of State (LLC §303) POLSTNELLI PC c/o NYS Department of State (BCL §306) CLUNE CONSTRUCTION COMPANY, L.P. c/o NYS Department of State (Partnership Law §121-109) k 2 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---- --- --------------------------------------X Index No.: ANTHONY MAGN1, Date Purchased: Plaintiff, VERIFIED COMPLAINT -against- THIRD AVENUE TOWER OWNER, LLC, POLSINELL1 PC and CLUNE CONSTRUCTION COMPANY, L.P., Defendants. _____________________.-------·---------------X PlaintitY, by his attorneys, SACKSTEIN, SACKSTEIN & LEE, LLP, complaining of the defcñdants herein, respectfully shows to thiscourt and alleges as follow upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION 1. That at alltimes hereinafter alleged the defendant, THIRD AVENUE TOWNER OWNER, LLC, was a dornestic corporation organized and criming under and by virtue of the laws of the State of New York. 2. That at alltimes hereinafter alleged, and upon information and belief, the defendant, TH1RD AVENUE TOWNER OWNER, LLC, was a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 3. That at all times lierciñafteralleged, and upon inforination and belief,the defendant, THIRD AVF,NUE TOWNER OWNER, LLC, was a foreign limited liability company authorized to do business under and by virtue of the laws of the State of New York. 3 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 4. That at alltimes hereinafter alleged the defendant, POLSfNEL LI PC, was a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 5. That at alltimes hereinafter alleged, and upon infoürsailon and belief, the defendant, POLSINELLl PC, was a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 6. That at alltimes hereinafter alleged the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was a domestic corporation organima and existing under and by virtue of the laws of the State of New York. 7. That at alltimes hereinafter alleged, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, LP., was a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 8. That at alltimes herein alleged, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., maintained itsprincipal place of business in the County of New York, City and State of New York. 9. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, owned the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 10. That at alltimes hereinafter alleged, and upon inforrnation and belief, prior to February 10, 201 6,the defendant, THIRD AVENUE TOWER OWNER, LLC, mañagêd the building and premises located at 600 Third Avenue, in the of New County York, City and State of New York. 4 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 1 l. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, maintained the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 12. That at alltimes hereinafter alleged, and upon inforrnation and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, supervised the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 13. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the dcfcndant, THIRD AVENUE TOWER OWNER, LLC, controlled the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 14. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, entered into an agreement and/or arrangement to provide and perform certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 15. That at alltimes hercinafict alleged, and upon information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, emered into a contract to provide and perform certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the of New and County York, City State of New York. 5 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 16. That on February 10, 2016, and upon infonnation and belief, the defendant, THIRD AVENUE TOWER OWNER, LLC, was performing certain work, labor and/or services at the and premises located at 600 Third Avenue, in the building County of New York, City and State of New York. 17. That on February 10, 2016. and upon intbrmation and belief, the defendant, THIRD AVENUE TOWER OWNER, LLC, was the general contractor at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 18. That on February 10, 2016, and upon information and belief, the defendant, THIRD AVENUE TOWER OWNER, LLC, was the project r÷àr,ct at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 19. That on February 10, 2016, and upon information and belief,the defendant, THERD AVENUE TOWER OWNER, LLC, was a contractor at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 20. That at alltimes hereinafter alleged, and upon information and belief, the defendant, THIRD AVENUE TOWER OWNER, LLC, was performing certain work, labor and/or services at the aforesaid location and directed, supervised and controlled all of the work and/or services performed in and about the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 21, That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, 6 af 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 hired various entitiesto provide and perform certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 22. That at alltimes hereinafter allegcd, and upon information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, was responsible for the site safety of the work, labor and/or services being performed in and about the building and premises located at 600 Third Avenue, in the County ofNew York, City and State ofNew York. 23. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, inspected the work, labor and/or services being performed in and about the building and premises located at 600 Third Avenue, in the County ofNew York, City and State of New York. 24. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, owned the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 25. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016. the defendant. POLSINELLI was a tenant of the PC, building and premises located at 600 Third Avenue, in the of New and State of County York, City New York. 26. That at alltimes hereiñäfter alleged, and upon information and belief, prior to February 10, 2016, the POLSINELLI was defendant, PC, a Icssee of the building 7 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 and premises located at 600 Third Avenue. in the County of New York, City and State of New York. 27. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, mâñaged the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 28. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLi PC, maintained the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 29. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC. supervised the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 30. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, controlled the building and prernises located at 600 Third Avenue, in the County of New York, City and State of New York. 31. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, entered into an agreement and/or arraugmuum to provide and perfonn certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the of New York, and County City State of New York. 8 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 32. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, entered into a contract to provide and perform certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 33. That on February 10, 201 6, and upon information and belief, the defendant, POLSINELLI PC, was performing certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 34. That on February 10, 2016, and upon information and belief, the defendant, POLSINELLI PC, was the general contractor at the building and premises located at 600 Third Avenue, in the County ofNew York, City and State of New York. 35. That on February 10, 2016, and upon information and belief, the defendant, POLSINELLI PC, was the project manager at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 36. That on February 10, 2016, and upon information and belief, the defendant, POLSINELLI PC, was a contractor at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 37. That at alltimes hereinafter alleged, and upon information and belief, the defendant, POLSINELL1 PC, was performing certain work, labor and/or services at the aforesaid location and directed, supervised and controlled all of the work and/or services performed in and about the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 9 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 38. That at alltimes hereinafter alleged, and upon inforrnation and belief, prior to February 10, 2016, the dethñdañt. POLSINELL1 PC. hired various entities to provide and perform certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 39. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendard, POLSINELLI PC, was responsible forthe site safety ofthe work, labor and/or services being performed in and about the building and premises located at 600 Third Avenue, in the County ofNew York, City and State of New York. 40. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, inspected the work, labor and/or services being performed in and about the building and premises located at 600 Third Avenue, in the County of New York. City and State of New York. 41. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, LP., owned the buildirtg and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 42. That at all times hereinaller alleged, and upon information and belief, prior to February I0, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., managed the building and premises located at 600 Third Avenue, in the of New County York. City and State of New York. 43. That at alltimes hereinafter and upon information and alleged, belief, prior to February 10, 2016, the CLUNE CONSTRUCTION defendant, COMPANY, LP., 10 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 maimained the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 44. That at alltimes bereinaller alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCT]GN COMPANY, L.P., supervised the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 45. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY. L.P., controlled the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 46. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, LP., entered into an agreement and/or arrangemcñt to provide and perform certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 47. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., entered into a contract to provide and perform certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the of New York, and County City State of New York. 48. That on February 10, 2016, and upon information and the belief, defendant, CLUNE CONSTRUCTION COMPANY, LP., was certain performing work, 11 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 49. That on February 10, 2016, and upon infonnation and belief, the defendant, CLUNE CONSTRUCTION COMPANY, LP., was the general c0ñtractor at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 50. That on February 10, 2016, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, LP., was the project manager at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 5 1. That on February 10, 2016, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was a contractor at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 52. That at alltimes hcrcinafter alleged, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was performing certain work, labor and/or services at the aforesaid location and directed, supervised and controlled all of the work and/or services performed in and about the building and premises iccated at 600 Third Avenue, in the County of New York, City and State of New York. 53. That at alltimes hereinafter alleged. and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., hired various entities to provide and perform certain work, labor and/or services at the 12 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 building and premises located at 600 Third Avenue, in the County of New York, City and . State of New York. 54. That at alltimes hereinafter alleged, and upon infonnation and belief, . . prior to Febrüâry 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, LP., was responsible for the site safety of the work, labor and/or services being performed in and about the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 55. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., inspected the work, labor and/orservices being performed in and about the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 56. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendants, TH1RD AVENUE TOWER OWNER, LLC and CLUNE CONSTRUCTION COMPANY, L.P., entered into an agrccmcat and/or arrangement to provide and perform certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 57. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendants, POLSINELL1 PC and CLUNE CONSTRUCTION COMPANY, L.P., entered into a contract to provide and perform certain work, labor and/or services at the and premises located at 600 Third building Avenue, in the County of New York, and State ofNew York. City 13 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 58. That on February 10, 2016, the plaintiff, ANTHONY MAGN1, was on, at or about the aforesaid building and premises as a worker. 59. That on February 10, 2016. while the plaintiff, ANTHONY MAGNI, was 40d' on the Floor of the aforesaid building and premises located at 600 Third Avenue, in the County of New York, City and State of New York, he was caused to be injured by a falling object. 60. That on or about February 10, 2016, while the plaintiff,ANTHONY MAGN1, was on the aforesaid building and premises, he was caused to be injured when he was struck by a shelf that collapsed and/or fellover and/or otherwise failed. 61. That on or about February 10, 2016, the plaintiff,ANTHONY MAGNI, was caused to be injured as a result of height related risks and the failure to provide adequate and proper protection against the hazards of objects falling from a height. 62. The defendants herein were negligent, reckless and careless in that they violated their duty to persons on the aforesaid building and premises and to this plaintiff in particular, in knowingly peñüiitting, suffering and allowing the aforesaid building and premises to be, become and remain in a defective, unsafe and dangerous condition; were negligent in the supervision, hiring and training of itsagents, servants and employees; in failing to provide the proper safety device to safeguard the plaintiff from the height related risk;in failing to provide workers and in particular the plaintiff with protection from falling objects; in failing. neglecting and omitting to provide safety devices for proper protection and to guard against and eliminate the hazard of falling objects; in allowing the defeñdâñts to perform the work without the applicable safety devices, and 14 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 the defendants were fiirthernegligent in failing to take suitable precautions forthe safety of persons lawfully on the aforesaid building and premises. 63. The aforesaid accident and the injuries resulting therefrom were due solely and wholly as a result of the careless and negligent manner in which the defeñdañts owned, maintained, controlled and perfonned construction work on the aforesaid building and premises, without the plaintiff in any way contributing thereto. 64. That by reason of the foregoing and the negligence of the defendants, the plaintiff,ANTHONY MAGNI, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a cessi-jerable length of time. 65. That by reason of the foregoing, the plaintiti, ANTHONY MAGNI, was compelled to and did necessarily require rnedical aid and attention, and did necessarily pay and become liable therefore for medicines and upon information and belief, the plaintiff, ANTHONY MAGNl, will necessarily incur similar expenses. 66. That by reason of the foregoing, the plaintiff,ANTHONY MAGNI, has been unable to attend to his usual occupation in the maññct required, sustaining loss of . wages and will suffer loss of earnings in the future. 67. One or more of the exceptions of §1602 of the Civil Practice Law and Rules applies to the within action. 68. That as a result of the foregoing, the ANTHONY has plaintiff, MAGNI, been damagcd in a sum that exceeds the jurisdictional limits of alllower courts. 15 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 AS AND FOR A SECOND CAUSE OF ACTION 69. Plaintiff, ANTHONY MAGNI, repeats and realleges each and every allegation contained in paragraphs 1 through 68 inclusive, with the same force and effect as though more fully set forth at length herein. 70. That the defendants failed to provide plaintiffwith a safe place to work. 71. That the defendants failed to provide plaintiffwith safety devices and/or equipment that would have provided the plaintiff protection from a height-related risk. 72. That the defêñdañts violated §§200, 240(1) and 241(6) of the New York State Labor Law. 73. That the defendants violated the Industrial Code of the State of New York. 74. That as a result of the foregoing, the plaintiff, ANTHONY MAGNI, has been damaged in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. WHEREFORE, plaintiff,ANTHONY MAGNI, dcmañds judgment against the defendants forthe First and Second Causes of Action for an amount in excess of the jurisdictional amounts of the lower Courts that would otherwise have jurisdiction over this action, together with the costs and disbursements of this action. Dated: Garden City, New York July 5, 2016 SACKSTEIN, SACKSTEIN & LEE, LLP By: Laurence Mogers, Esq. Attorneys for Plaintif 1140 Franklin Avenue, Suite 210 Garden City, New York 11530 (516) 248-2234 16 of 18 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 10/26/2018 VER1FICATION STATE OF NEW YORK ) )ss.: COUNTYOFNASSAU ) ANTHOÑY MAGNI, being duly sworn, deposes and says: That I am the plaintiff in this action. that I have read the Complaint and know the conicñts to be true to the best of my own knowledge, except for those matters alleged to be on information and belief, and as to those matters, 1 believe them to be true. ANTHO Ý MAGNI Sworn to before me this day of July, 2016 . TAR PUBLIC