Preview
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019
"A"
EXHIBIT
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
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NYSCEF
NYSCEF DOC.
DoC. NO.
NO. 126
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/10/2019
07/05/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.:
---------------------------------------------------------------X Date Purchased:
ANTHONY MAGNI,
SUMMONS
Plaintiff,
Plaintiff designates NEW
-against-
YORK County as place of
trial.
THIRD AVENUE TOWER OWNER, LLC, P OLSINELLI
PC and CLUNE CONSTRUCTION COMPANY, L.P.,
The Basis of Venue:
County of principal place of
Defendants.
-------------------------------------------- -- 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, if the complaint is not served with this summons, to
serve a notice of appearance on the Plaintiff's Attorneys within 20 days after the service
of this s'unmans exclusive of the day of service (or within 30 days after the service is
complete if this summons is not personally delivered to you within the State of New
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, SACKSTE1N & LEE, LLP
BY:
LAURENCE D. RUGÈRRÉSQ.
Attorneys for Plaintiff
1140 Franklin Avenue
Suite 210
Garden City, New York 11530
(516) 248-2234
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019
TO: THIRD AVENUE TOWER OWNER, LLC
c/o NYS Deparknent of State (LLC §303)
POLS1NELLI PC
c/o NYS Department of State (BCL §306)
CLUNE CONSTRUCTION COMPANY, L.P..
c/o NYS Department of State (Partnership Law §121-109)
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NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X Index No.:
ANTHONY MAGNI, Date Purchased:
Plaintiff,
VERIFIED COMPLAINT
-against-
THIRD AVENUE TOWER OWNER, LLC, POLSINELLI
PC and CLUNE CONSTRUCTION COMPANY, L.P.,
Defendants.
________-_______-________..._______ ___.----.___-- X
Plaintiff, by his attorneys, SACKSTE1N, SACKSTEIN & LEE, LLP, complaiñiñg
of the Ma=±=±= shows to this court and alleges as follow upon
herein, respectfully
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 domestic corporation organized and evicting under and
by virtue of the laws of the State of New York.
2. That at all times hereinafter alleged, and upon information and belief, the
defendant, THIRD AVENUE TOWNER OWNER, LLC, was a foreign corporation
authorized to do businace under and virtue of the laws of the State of New York.
by
3. That at all times hereinafter alleged, and upon information and belief, the
defendant, THIRD AVENUE 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 all times hereinafter alleged the defendant, POLSINELLI PC, was
a domestic corporation organized and existing under and by virtue of the laws of the State
of New York.
5. That at all times hereinaher alleged, and upon information and belief, the
defendant, POLSINELLI 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 all times hereinafter alleged the defendant, CLUNE
CONSTRUCTION COMPANY, L.P., was a domestic corporation organized and existing
under and by virtue of the laws of the State of New York.
7. That at all times hereinafter alleged, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, L.P., was a foreign corporation
ãüthorized to do business under and by virtue of the laws of the State of New York.
8. That at all times herein alleged, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, L.P., maintained itsprincipal place
of busiñêss in the County of New York, City and State of New York.
9. That at alltimes 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 information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
managed 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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1 l. That at all times herciñãfter 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 all times hereinafter alleged, and upon information 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 defendant, 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 alltimes 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 all times hereinaner alleged, and upon information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
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.
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16. That on February 10, 2016, and upon information and belief, the
defendant, THIRD AVENUE TOWER OWNER, LLC, 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.
17. That on February 10, 2016, and upon information 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 manager 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, THIRD 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 all times 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 all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC,
A nf 1A
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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.
22. That at all times hereinafter alleged, 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 of New
York, City and State of New York.
23. That at all times 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 of New York, City and State of
New York.
24. That at alltimes 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 PC, was a tenant of the building
and premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
26. That at all times hereinaner alleged, and upon infonnation and belief,
prior to February 10, 2016, the defendant POLSINELLI PC, was a lessee 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 all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLS1NELLI PC, m==•ged the building and
premises lccated at 600 Third Avenue, in the County of New York, City and State of
New York.
28. That at all times 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 all times hereinaRer 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 alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLI PC, controlled the building and
premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
31. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLI PC, 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.
Q nF 1Q
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32. That at all times 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, 2016, 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, POLS1NELLI PC, 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.
35. That on February 10, 2016, and upon infhrmation and belief, the
defeñdant, 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 ofNew 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 all times hereinafter alleged, and upon information and belief, the
defendant, POLSINELLI 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.
Q of 1Q
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38. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLSINELLI 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 all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, POLS1NELLI PC, 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.
40. That at all times 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, L.P.,
owned the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
42. That at all times hereinafter alleged, and upon infhrmation and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P.,
mâüâged the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
43. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P.,
10 nF 1Q
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maintained the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
44. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION 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 alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P.,
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.
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 County of New York, City and
State of New York.
48. That on February 10, 2016, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, L.P., was performing certain work,
11 of 15t
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labor and/or services at the buil and premises located at 600 Third Avenue, in the
ding
County of New York, City and State of New York.
49. That on February 10, 2016, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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.
50. That on February 10, 2016, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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 l. 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 all times hereinafter 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 located at
600 Third Avenue, in the County of New York, City and State of New York.
53. That at all times 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 all times hereinafter alleged, and upon infbrmation and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P.,
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 alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P.,
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.
56. That at all times hereinafter alleged, and upon information and belief,
prior to Febraâry 10, 2016, the defendants, THIRD AVENUE TOWER OWNER, LLC
and CLUNE CONSTRUCTION COMPANY, L.P., 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.
57. That at all times hereinafter alleged, and upon information and belief,
prior to February 10, 2016, the defeñdâñts, POLSINELLI PC and 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 County of New York, City and State of New York.
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58. That on February 10, 2016, the plaintiff, ANTHONY MAGNI, 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
40*
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
MAGNI, was on the aforesaid building and premises, he was caused to be injured when
he was struck by a shelf that collapsed and/or fell over 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 permitting, 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 elimiñste the hazard of falling objects; in
allowing the defendants to perform the work without the applicable safety devices, and
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the defendants were further negligent in failing to take suitable precautions for the safety
ofpersons lawfully on the aforesaid building and premises.
63. The aforesaid accident and the injuries resulting therefrom were due solely
and as a result of the careless and negligent manner in which the defendan+c
wholly
owned, maintained, controlled and performed 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 physicãl pain and bodily injuries and
became sick, sore, lame and disabled and so remained for a considerable length of time.
65. That by reason of the foregoing, the plaintiff, ANTHONY MAGNI, was
compelled to and did necessazily require medical aid and attention, and did necessarily
pay and become liable therefore for medicines and upon information and belief, the
plaintiff, ANTHONY MAGNI, 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 manner 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 plaintiff, ANTHONY MAGNI, has
been damaged in a sum that exceeds the jurisdictional limits of all lower courts.
1E of 1Q
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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 plaintiff with a safe place to work.
71. That the defendants failed to provide plaintiff with safety devices and/or
equipment that would have provided the plaintiff protection from a height-related risk.
72. That the defeñdsets 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, demanda judgment against the
defendants for the 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, SACKSTE1N & LEE, LLP
By: Laurence Ûdogers, Esq.
Attorneys for Plaintg
1140 Franklin Avenue, Suite 210
Garden City, New York 11530
(516) 248-2234
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VERIFICATION
STATE OF NEW YORK )
)ss.:
COUNTY OF NASSAU )
ANTHONY MAGNI, being duly sworn, deposes and says:
That I am the plaintiff in this action, that I have read the Complaint and know the
contents 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, I believe them to be true.
ANTHONÝ MAGNI
Sworn to before me this
day of July, 2016
TAR PUBLIC
Uf 120Ei. LEE
NOtary PUMic, 3tcic of New York
NG. 02Œ5070131
QualificG irr13ueens County
Commission Enpires Dec. 9, 201
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Index No:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANTHONY MAGNI,
Plaintiff,
-against-
THIRD AVENUE TOWER OWNER, LLC, POLSINELLI
PC and CLUNE CONSTRUCTION COMPANY, L.P.,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
SACKSTE1N, SACKSTEIN & LEE, LLP
Attorneys for Plaintsff(s)
1140 FRANKLIN AVENUE, SUITE 210
GARDEN CITY NY 11530
516-248-2234
To:
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
Preview
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 "A" EXHIBIT FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 .....--.., . ..-.. ---- ---...- ---.- - . , --, . -- --- NYSCEF NYSCEF DOC. DoC. NO. NO. 126 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/10/2019 07/05/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: ---------------------------------------------------------------X Date Purchased: ANTHONY MAGNI, SUMMONS Plaintiff, Plaintiff designates NEW -against- YORK County as place of trial. THIRD AVENUE TOWER OWNER, LLC, P OLSINELLI PC and CLUNE CONSTRUCTION COMPANY, L.P., The Basis of Venue: County of principal place of Defendants. -------------------------------------------- -- 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, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's Attorneys within 20 days after the service of this s'unmans exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New 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, SACKSTE1N & LEE, LLP BY: LAURENCE D. RUGÈRRÉSQ. Attorneys for Plaintiff 1140 Franklin Avenue Suite 210 Garden City, New York 11530 (516) 248-2234 FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 TO: THIRD AVENUE TOWER OWNER, LLC c/o NYS Deparknent of State (LLC §303) POLS1NELLI PC c/o NYS Department of State (BCL §306) CLUNE CONSTRUCTION COMPANY, L.P.. c/o NYS Department of State (Partnership Law §121-109) FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X Index No.: ANTHONY MAGNI, Date Purchased: Plaintiff, VERIFIED COMPLAINT -against- THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC and CLUNE CONSTRUCTION COMPANY, L.P., Defendants. ________-_______-________..._______ ___.----.___-- X Plaintiff, by his attorneys, SACKSTE1N, SACKSTEIN & LEE, LLP, complaiñiñg of the Ma=±=±= shows to this court and alleges as follow upon herein, respectfully 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 domestic corporation organized and evicting under and by virtue of the laws of the State of New York. 2. That at all times hereinafter alleged, and upon information and belief, the defendant, THIRD AVENUE TOWNER OWNER, LLC, was a foreign corporation authorized to do businace under and virtue of the laws of the State of New York. by 3. That at all times hereinafter alleged, and upon information and belief, the defendant, THIRD AVENUE 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. FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 4. That at all times hereinafter alleged the defendant, POLSINELLI PC, was a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 5. That at all times hereinaher alleged, and upon information and belief, the defendant, POLSINELLI 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 all times hereinafter alleged the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 7. That at all times hereinafter alleged, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was a foreign corporation ãüthorized to do business under and by virtue of the laws of the State of New York. 8. That at all times herein alleged, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., maintained itsprincipal place of busiñêss in the County of New York, City and State of New York. 9. That at alltimes 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 information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, managed the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. a nf 19 FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 1 l. That at all times herciñãfter 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 all times hereinafter alleged, and upon information 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 defendant, 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 alltimes 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 all times hereinaner alleged, and upon information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, 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. FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 16. That on February 10, 2016, and upon information and belief, the defendant, THIRD AVENUE TOWER OWNER, LLC, 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. 17. That on February 10, 2016, and upon information 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 manager 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, THIRD 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 all times 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 all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER, LLC, A nf 1A FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 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. 22. That at all times hereinafter alleged, 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 of New York, City and State of New York. 23. That at all times 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 of New York, City and State of New York. 24. That at alltimes 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 PC, was a tenant of the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 26. That at all times hereinaner alleged, and upon infonnation and belief, prior to February 10, 2016, the defendant POLSINELLI PC, was a lessee of the building FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 27. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLS1NELLI PC, m==•ged the building and premises lccated at 600 Third Avenue, in the County of New York, City and State of New York. 28. That at all times 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 all times hereinaRer 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 alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, controlled the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 31. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, 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. Q nF 1Q FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 32. That at all times 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, 2016, 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, POLS1NELLI PC, 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. 35. That on February 10, 2016, and upon infhrmation and belief, the defeñdant, 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 ofNew 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 all times hereinafter alleged, and upon information and belief, the defendant, POLSINELLI 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. Q of 1Q FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 38. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI 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 all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLS1NELLI PC, 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. 40. That at all times 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, L.P., owned the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 42. That at all times hereinafter alleged, and upon infhrmation and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., mâüâged the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 43. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., 10 nF 1Q FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 maintained the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 44. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION 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 alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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. 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 County of New York, City and State of New York. 48. That on February 10, 2016, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was performing certain work, 11 of 15t FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 labor and/or services at the buil and premises located at 600 Third Avenue, in the ding County of New York, City and State of New York. 49. That on February 10, 2016, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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. 50. That on February 10, 2016, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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 l. 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 all times hereinafter 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 located at 600 Third Avenue, in the County of New York, City and State of New York. 53. That at all times 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 FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 54. That at all times hereinafter alleged, and upon infbrmation and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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 alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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. 56. That at all times hereinafter alleged, and upon information and belief, prior to Febraâry 10, 2016, the defendants, THIRD AVENUE TOWER OWNER, LLC and CLUNE CONSTRUCTION COMPANY, L.P., 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. 57. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defeñdâñts, POLSINELLI PC and 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 County of New York, City and State of New York. FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 58. That on February 10, 2016, the plaintiff, ANTHONY MAGNI, 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 40* 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 MAGNI, was on the aforesaid building and premises, he was caused to be injured when he was struck by a shelf that collapsed and/or fell over 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 permitting, 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 elimiñste the hazard of falling objects; in allowing the defendants to perform the work without the applicable safety devices, and 1d nF 1R FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 the defendants were further negligent in failing to take suitable precautions for the safety ofpersons lawfully on the aforesaid building and premises. 63. The aforesaid accident and the injuries resulting therefrom were due solely and as a result of the careless and negligent manner in which the defendan+c wholly owned, maintained, controlled and performed 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 physicãl pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 65. That by reason of the foregoing, the plaintiff, ANTHONY MAGNI, was compelled to and did necessazily require medical aid and attention, and did necessarily pay and become liable therefore for medicines and upon information and belief, the plaintiff, ANTHONY MAGNI, 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 manner 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 plaintiff, ANTHONY MAGNI, has been damaged in a sum that exceeds the jurisdictional limits of all lower courts. 1E of 1Q FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 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 plaintiff with a safe place to work. 71. That the defendants failed to provide plaintiff with safety devices and/or equipment that would have provided the plaintiff protection from a height-related risk. 72. That the defeñdsets 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, demanda judgment against the defendants for the 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, SACKSTE1N & LEE, LLP By: Laurence Ûdogers, Esq. Attorneys for Plaintg 1140 Franklin Avenue, Suite 210 Garden City, New York 11530 (516) 248-2234 FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NASSAU ) ANTHONY MAGNI, being duly sworn, deposes and says: That I am the plaintiff in this action, that I have read the Complaint and know the contents 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, I believe them to be true. ANTHONÝ MAGNI Sworn to before me this day of July, 2016 TAR PUBLIC Uf 120Ei. LEE NOtary PUMic, 3tcic of New York NG. 02Œ5070131 QualificG irr13ueens County Commission Enpires Dec. 9, 201 FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/10/2019 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANTHONY MAGNI, Plaintiff, -against- THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC and CLUNE CONSTRUCTION COMPANY, L.P., Defendants. SUMMONS AND VERIFIED COMPLAINT SACKSTE1N, SACKSTEIN & LEE, LLP Attorneys for Plaintsff(s) 1140 FRANKLIN AVENUE, SUITE 210 GARDEN CITY NY 11530 516-248-2234 To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: