Preview
FILED:
FILED : NEW
NilW YORK
YORK COUNTY
COUNTY CLERK
CLERK 03/23/2022
02/14/2020 09:42
10:25 AAM INDEX
INDEX NO.
NO. 151657/2020
151657/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 97
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/23/2022
02/11/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NEW YORK MARINE AND GENERAL Plaintiff designates New York
INSURANCE COMPANY AND CERTAIN as the Place of Trial
County
UNDERWRITERS AT LLOYD'S A/S/O
2133 3RD AVENUE CORP., The basis of venue is:
Loss location
Plaintiff,
-AGAINST-
Plaintiff's subrogor conducts
NY FIRETECH NY FIRE SERVICE business at:
INC,
& INSTALLATION INC AND GLOBAL 2133 Third Avenue
LUXURY SERVICES INC., New York, NY 10035
Defendants. SUMMONS
INDEX NO.:
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
attorney within twenty (20) days after the service of the Summons,
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 or to answer
judgment will be taken against you by default for the relief demanded in
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this Complaint.
DATED: NEW YORK, NEW YORK
February 14, 2020
METHFESSEL & WERBEL, ESQS.
Attorneys for New York Marine and
General Insurance Company and
Certain Underwriters at Lloyd's
a/s/o 2133 3rd Avenue Corp.
By:________________________________
Fredric Paul Gallin
112 W. 34th St.
17th Floor, Room 17089
New York, New York 10120
(212) 947-1999
gallin@methwerb.com
Our File No. 88268 JNW
Defendant’s Address:
NY Firetech Inc
40-50 192nd St.
Flushing, NY 11358
NY Fire Service & Installation Inc
40-50 192nd St.
Flushing, NY 11358
Global Luxury Services Inc.
6539 Grand Ave.
Maspeth, NY 11378
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FILED:
FILED : NEW
NilW YORK
YORK COUNTY
COUNTY CLERK
CLERK 03/23/2022
02/14/2020 09:42
10:25 AAM INDEX
INDEX NO.
NO. 151657/2020
151657/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 97
1 RECEIVED
RECE IVED NYSCEF:
NY SCEF: 03/23/2022
02/11/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NEW YORK MARINE AND GENERAL
INSURANCE COMPANY AND CERTAIN INDEX NO.:
UNDERWRITERS AT LLOYD'S A/S/O
2133 3RD AVENUE CORP.,
Plaintiff, VERIFIED COMPLAINT
-AGAINST-
NY FIRETECH INC, NY FIRE SERVICE
& INSTALLATION INC AND GLOBAL
LUXURY SERVICES INC.,
Defendants.
Plaintiff, New York Marine and General Insurance Company and
Certain Underwriters at Lloyds a/s/o 2133 3rd Avenue Corp., by their
attorneys Methfessel & Werbel, as and for their Verified Complaint
against defendants respectfully allege upon information and belief:
1. New York Marine and General Insurance Company is an
insurance company duly authorized to issue insurance policies in the
State of New York with a principal place of business in Morristown, NJ.
2. Certain Underwriters at Lloyd's is an insurance entity duly
authorized to issue insurance policies in the State of New York with a
principal place of business in London, England.
3. 2133 3rd Avenue Corp. is the owner of property at 2133
Third Ave., New York, NY.
4. Both New York Marine and General Insurance Company and
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09:42 AM INDEX NO. 151657/2020
NYSCEF DOC. NO. 1
97 RECEIVED NYSCEF: 02/14/2020
03/23/2022
Certain Underwriters at Lloyd’s issued insurance coverage covering the
property of 2133 3rd Avenue Corp.
5. NY Firetech Inc is a business entity authorized to do
business in the State of New York with a principal place of business in
Flushing, NY.
6. NY Firetech Inc was the company servicing the fire
suppression system at the Broadway Restaurant.
7. NY Fire Service & Installation Inc is a business entity
authorized to do business in the State of New York with a principal place
of business in Flushing, NY.
8. NY Fire Service & Installation Inc was the company servicing
the fire suppression system at the Broadway Restaurant.
9. Global Luxury Services Inc. is a business entity authorized
to do business in the State of New York with a principal place of business
in Maspeth, NY.
10. Global Luxury Services Inc. is in the business of hood/duct
cleaning for restaurants.
11. On or about September 28, 2019 there was a fire at the 2133
3rd Avenue Corp. property located within a ground floor restaurant at
the property called New Wok Express.
12. As a result of the fire there was damage to the building at
2133 Third Ave., New York, NY.
13. As a result of the damage claim was made to the plaintiff
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insurance companies.
14. By virtue of having made payments the plaintiffs have
become subrogated to the rights of their insured as against defendants.
15. The amount paid by the plaintiff insurance companies is in
excess of the jurisdictional limits of the lower courts.
16. The fire was caused by the negligence of defendants.
17. As a result of the negligence of defendants any fire that
started was exacerbated and there was increased damages.
18. As a result of the negligence of the defendants the fire was
not suppressed and was allowed to grow.
19. As a result of defendants’ negligence the fire was greater in
scope, and the damages were exacerbated.
20. The negligence of defendants includes, but is not limited to,
not properly taking care of the cooking line and associated hoods and
ducts, not properly cleaning the hoods and ducts, not properly
maintaining the fire suppression system and the fire suppression system
not properly operating.
21. Defendants’ negligence, jointly and severally, contributed to
the happening of the fire, the lack of suppression of the fire and the
spread of the fire.
22. Damages are in excess of the jurisdictional limits of the
lower court.
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NYSCEF DOC. NO. 1
97 RECEIVED NYSCEF: 02/14/2020
03/23/2022
AS AND FOR A SECOND CAUSE OF ACTION
23. Plaintiff repeats and reiterates each and every allegation
heretofore had herein.
24. Defendants had an obligation to perform their activities in a
good and accepted fashion.
25. Defendants did not perform their work in a good and
accepted fashion.
26. As a result of defendants not performing their activity in a
good and accepted fashion this loss occurred.
WHEREFORE plaintiff, demands judgment over against
defendants in an amount in excess of the jurisdictional limits of the
lower courts together with interest, costs, disbursements and such other
and further relief as the Court finds just and equitable.
DATED: NEW YORK, NEW YORK
February 14, 2020
METHFESSEL & WERBEL, ESQS.
Attorneys for New York Marine and
General Insurance Company and
Certain Underwriters at Lloyd's
a/s/o 2133 3rd Avenue Corp.
By:________________________________
Fredric Paul Gallin
112 W. 34th St.
17th Floor, Room 17089
New York, New York 10120
(212) 947-1999
gallin@methwerb.com
Our File No. 88268 JNW
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FILED: NEW YORK COUNTY CLERK 02/14/2020
03/23/2022 10:25
09:42 AM INDEX NO. 151657/2020
NYSCEF DOC. NO. 1
97 RECEIVED NYSCEF: 02/14/2020
03/23/2022
ATTORNEY VERIFICATION
STATE OF NEW YORK )
SS.:
COUNTY OF NEW YORK)
Fredric Paul Gallin, attorney of record for plaintiff, New York
Marine and General Insurance Company and Certain Underwriters at
Lloyd's a/s/o 2133 3rd Avenue Corp. in the within action; deponent has
read the foregoing and knows the contents thereof; the same is true to
deponent’s own knowledge, except as to the matters therein stated to be
alleged on information and belief, and that as to those matters deponent
believes it to be true.
The grounds of deponent’s belief as to all matters not stated upon
deponent’s knowledge are as follows that the source of the deponent’s
information and the grounds of his belief as to all matters therein alleged
upon in formation and belief are reports from and communications had
with said party.
This verification is made by deponent and not answering defendant
because answering defendant is not located in the county wherein your
deponent maintains an office.
The undersigned affirms that the foregoing statements are true,
under the penalties of perjury.
Dated: New York, N.Y.
February 14, 2020
________________________________
Fredric Paul Gallin
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Preview
FILED: FILED : NEW NilW YORK YORK COUNTY COUNTY CLERK CLERK 03/23/2022 02/14/2020 09:42 10:25 AAM INDEX INDEX NO. NO. 151657/2020 151657/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 97 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/23/2022 02/11/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NEW YORK MARINE AND GENERAL Plaintiff designates New York INSURANCE COMPANY AND CERTAIN as the Place of Trial County UNDERWRITERS AT LLOYD'S A/S/O 2133 3RD AVENUE CORP., The basis of venue is: Loss location Plaintiff, -AGAINST- Plaintiff's subrogor conducts NY FIRETECH NY FIRE SERVICE business at: INC, & INSTALLATION INC AND GLOBAL 2133 Third Avenue LUXURY SERVICES INC., New York, NY 10035 Defendants. SUMMONS INDEX NO.: 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 attorney within twenty (20) days after the service of the Summons, 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 or to answer judgment will be taken against you by default for the relief demanded in 1 of 7 FILED: NEW YORK COUNTY CLERK 02/14/2020 03/23/2022 10:25 09:42 AM INDEX NO. 151657/2020 NYSCEF DOC. NO. 1 97 RECEIVED NYSCEF: 02/14/2020 03/23/2022 this Complaint. DATED: NEW YORK, NEW YORK February 14, 2020 METHFESSEL & WERBEL, ESQS. Attorneys for New York Marine and General Insurance Company and Certain Underwriters at Lloyd's a/s/o 2133 3rd Avenue Corp. By:________________________________ Fredric Paul Gallin 112 W. 34th St. 17th Floor, Room 17089 New York, New York 10120 (212) 947-1999 gallin@methwerb.com Our File No. 88268 JNW Defendant’s Address: NY Firetech Inc 40-50 192nd St. Flushing, NY 11358 NY Fire Service & Installation Inc 40-50 192nd St. Flushing, NY 11358 Global Luxury Services Inc. 6539 Grand Ave. Maspeth, NY 11378 2 of 7 FILED: FILED : NEW NilW YORK YORK COUNTY COUNTY CLERK CLERK 03/23/2022 02/14/2020 09:42 10:25 AAM INDEX INDEX NO. NO. 151657/2020 151657/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 97 1 RECEIVED RECE IVED NYSCEF: NY SCEF: 03/23/2022 02/11/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NEW YORK MARINE AND GENERAL INSURANCE COMPANY AND CERTAIN INDEX NO.: UNDERWRITERS AT LLOYD'S A/S/O 2133 3RD AVENUE CORP., Plaintiff, VERIFIED COMPLAINT -AGAINST- NY FIRETECH INC, NY FIRE SERVICE & INSTALLATION INC AND GLOBAL LUXURY SERVICES INC., Defendants. Plaintiff, New York Marine and General Insurance Company and Certain Underwriters at Lloyds a/s/o 2133 3rd Avenue Corp., by their attorneys Methfessel & Werbel, as and for their Verified Complaint against defendants respectfully allege upon information and belief: 1. New York Marine and General Insurance Company is an insurance company duly authorized to issue insurance policies in the State of New York with a principal place of business in Morristown, NJ. 2. Certain Underwriters at Lloyd's is an insurance entity duly authorized to issue insurance policies in the State of New York with a principal place of business in London, England. 3. 2133 3rd Avenue Corp. is the owner of property at 2133 Third Ave., New York, NY. 4. Both New York Marine and General Insurance Company and 3 of 7 FILED: NEW YORK COUNTY CLERK 02/14/2020 03/23/2022 10:25 09:42 AM INDEX NO. 151657/2020 NYSCEF DOC. NO. 1 97 RECEIVED NYSCEF: 02/14/2020 03/23/2022 Certain Underwriters at Lloyd’s issued insurance coverage covering the property of 2133 3rd Avenue Corp. 5. NY Firetech Inc is a business entity authorized to do business in the State of New York with a principal place of business in Flushing, NY. 6. NY Firetech Inc was the company servicing the fire suppression system at the Broadway Restaurant. 7. NY Fire Service & Installation Inc is a business entity authorized to do business in the State of New York with a principal place of business in Flushing, NY. 8. NY Fire Service & Installation Inc was the company servicing the fire suppression system at the Broadway Restaurant. 9. Global Luxury Services Inc. is a business entity authorized to do business in the State of New York with a principal place of business in Maspeth, NY. 10. Global Luxury Services Inc. is in the business of hood/duct cleaning for restaurants. 11. On or about September 28, 2019 there was a fire at the 2133 3rd Avenue Corp. property located within a ground floor restaurant at the property called New Wok Express. 12. As a result of the fire there was damage to the building at 2133 Third Ave., New York, NY. 13. As a result of the damage claim was made to the plaintiff 4 of 7 FILED: NEW YORK COUNTY CLERK 02/14/2020 03/23/2022 10:25 09:42 AM INDEX NO. 151657/2020 NYSCEF DOC. NO. 1 97 RECEIVED NYSCEF: 02/14/2020 03/23/2022 insurance companies. 14. By virtue of having made payments the plaintiffs have become subrogated to the rights of their insured as against defendants. 15. The amount paid by the plaintiff insurance companies is in excess of the jurisdictional limits of the lower courts. 16. The fire was caused by the negligence of defendants. 17. As a result of the negligence of defendants any fire that started was exacerbated and there was increased damages. 18. As a result of the negligence of the defendants the fire was not suppressed and was allowed to grow. 19. As a result of defendants’ negligence the fire was greater in scope, and the damages were exacerbated. 20. The negligence of defendants includes, but is not limited to, not properly taking care of the cooking line and associated hoods and ducts, not properly cleaning the hoods and ducts, not properly maintaining the fire suppression system and the fire suppression system not properly operating. 21. Defendants’ negligence, jointly and severally, contributed to the happening of the fire, the lack of suppression of the fire and the spread of the fire. 22. Damages are in excess of the jurisdictional limits of the lower court. 5 of 7 FILED: NEW YORK COUNTY CLERK 02/14/2020 03/23/2022 10:25 09:42 AM INDEX NO. 151657/2020 NYSCEF DOC. NO. 1 97 RECEIVED NYSCEF: 02/14/2020 03/23/2022 AS AND FOR A SECOND CAUSE OF ACTION 23. Plaintiff repeats and reiterates each and every allegation heretofore had herein. 24. Defendants had an obligation to perform their activities in a good and accepted fashion. 25. Defendants did not perform their work in a good and accepted fashion. 26. As a result of defendants not performing their activity in a good and accepted fashion this loss occurred. WHEREFORE plaintiff, demands judgment over against defendants in an amount in excess of the jurisdictional limits of the lower courts together with interest, costs, disbursements and such other and further relief as the Court finds just and equitable. DATED: NEW YORK, NEW YORK February 14, 2020 METHFESSEL & WERBEL, ESQS. Attorneys for New York Marine and General Insurance Company and Certain Underwriters at Lloyd's a/s/o 2133 3rd Avenue Corp. By:________________________________ Fredric Paul Gallin 112 W. 34th St. 17th Floor, Room 17089 New York, New York 10120 (212) 947-1999 gallin@methwerb.com Our File No. 88268 JNW 6 of 7 FILED: NEW YORK COUNTY CLERK 02/14/2020 03/23/2022 10:25 09:42 AM INDEX NO. 151657/2020 NYSCEF DOC. NO. 1 97 RECEIVED NYSCEF: 02/14/2020 03/23/2022 ATTORNEY VERIFICATION STATE OF NEW YORK ) SS.: COUNTY OF NEW YORK) Fredric Paul Gallin, attorney of record for plaintiff, New York Marine and General Insurance Company and Certain Underwriters at Lloyd's a/s/o 2133 3rd Avenue Corp. in the within action; deponent has read the foregoing and knows the contents thereof; the same is true to deponent’s own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. The grounds of deponent’s belief as to all matters not stated upon deponent’s knowledge are as follows that the source of the deponent’s information and the grounds of his belief as to all matters therein alleged upon in formation and belief are reports from and communications had with said party. This verification is made by deponent and not answering defendant because answering defendant is not located in the county wherein your deponent maintains an office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: New York, N.Y. February 14, 2020 ________________________________ Fredric Paul Gallin 7 of 7