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FILED: KINGS COUNTY CLERK 08/20/2020 05:44 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 08/20/2020
EXHIBIT A
FILED:
FILED : KINGS
KIN3S COUNTY
COUNTY CLERK
CLERK 08/20/2020
06/25/2019 05:44
04 :39 PM
PM|
INDEX
INDEX NO.
NO. 514069/2019
514069/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 65
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/20/2020
06/25/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.:
------------------- ---------------------X Date purchased:
326 21st STREET LLC,
Plaintiff(s) designate(s)
Plaintiff, KINGS
County as the place of trial
-against- SUMMONS
Plaintiff(s) Reside(s) at:
21st
328 21 ST LLC, NYB BUILDERS INC., and 326 Street
REGAL RECONSTRUCTION CORP. New York, New York
Defendants. The basis of venue designated
is: Plaintiff's Principal
Place of Business
--- ---------------------------------------X
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearañce, on the Plaintiff's Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons
is not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated, the 25th of June, 2019
LERNER, ARNOLD & WINSTON, LLP
Attorneys f Plaintiff
acob L. evine
475 P rk venue South, 28thFlOOr
New York, New York 10016
212-686-4655
Defendants Addresses:
328 21 ST LLC., c/o NYS Division of Corporations
NYB Builders Inc, c/o NYS Division of Corporations
Regal Reconstruction Corp., c/o NYS Division of Corporations
04ER-ARNOLD•WINSTON
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COUNTY CLERK
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INDEX
INDEX NO.
NO. 514069/2019
514069/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 65
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/20/2020
06/25/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________________ ------------------X
326 21st STREET LLC, Index No.
Plaintiff,
-against- COMPLAINT
328 21 ST LLC, NYB BUILDERS INC., and
REGAL RECONSTRUCTION CORP.
Defendants.
---------------------------- -----------------------------X
Plaintiff, 326 21st STREET LLC, by its attorneys, LERNER, ARNOLD & WINSTON,
LLP, as and for itsComplaint, allege upon information and belief as follows:
1. At alltimes hereinafter mentioned, Plaintiff 326 21st STREET LLC (hereinafter
referred to as "Plaintiff") was and stillis a domestic limited liability company, organized and
existing under and by virtue of the laws of the State of New York, with its principal place of
business located in the State of New York.
2. At all times hereinafter mentioned, Defendant 328 21 ST LLC (hcreinafter
referred to as "328 LLC") was and stillis a domestic business corporation, organized and existing
under and by virtue of the laws of the State of New York, with its principal place of business
located in the State of New York.
3. At all times hereinafter mentioned, Defendant NYB BUILDERS INC.,
NER.ARNOLD•WINSTON
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COUNTY CLERK
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514069/2019
NYSCEF
NYSCEF DOC.
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(hereinafter referred to as "NYB BUILDERS") was and still is a domestic limited liability
compañy, organized and existing under and by virtue of the laws of the State of New York, with
itsprincipal place of business located in the State of New York.
4. At all times hereinafter mentioned, Defendant REGAL RECONSTRUCTION
CORP. (hereinafter referred to as "REGAL") was and still is a domestic limited liability
company, organized and existing under and by virtue of the laws of the State of New York, with
itsprincipal place of business located in the State ofNew York.
BACKGROUND FACTS RELEVANT TO ALL CAUSES OF ACTION
5. At all times hereinafter mentioned, Plaintiff was the title owner of the premises
located at 326 21st Street, Brooklyn, New York (hereinafter referred to as the "subject
premises").
6. At alltimes hereiñafter mentioned, Defendant 328 LLC was the titleowner of the
218t
premises located at 328 Street, Brooklyn, New York (hereinafter referred to as the "adjoining
premises").
7. On or before August 30, 2018, and upon information and belief, Defendant 328
LLC retained NYB BUILDERS and REGAL RECONSTRUCTION to construct a building at
the adjoining premises.
LNER-ARNOLDWINSTON
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|FILED KINGS
KIU3S COUNTY
COUNTY CLERK
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PM|
INDEX
INDEX NO.
NO. 514069/2019
514069/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
No. 65
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/20/2020
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AS AND FOR A FIRST CAUSE OF ACTION
AGAINST DEFENDANT 328 LLC
(Negligence)
8. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "7,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
9. On or before August 30, 2018, Defendant 328 LLC undertook to construct a
building at the adjoining premises.
10. On or after August 30, 2018, and during the course of the construction of the
building at the adjoining premises, Defendant 328 LLC, itscontractors, subcontractors, agents,
servants and/or employees caused and/or permitted extensive damages to be caused to the subject
premises.
11. The damages sustained to the subject premises were partially and/or wholly
caused by the negligence, carelessness, recklessness and/or gross negligence of Defendant 328
LLC, its contractors, subcontractors, agents, servants and/or employees, in that they, inter alia:
(1) failed to take appropriate efforts to protect adjoining and surrounding premises from
construction damage; (2) failed to take appropriate efforts to underpin, shore or reinforce the
existing foundation of the subject premises in preparation for the construction at the adjoining
premises; (3) failed to take into account the soil conditions at the adjoining premises during the
course of construction, which condition was present and known; (4) improperly excavated the
WER•ARNOLD-WINSTON
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|FILED KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 08/20/2020
06/25/2019 05:44
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INDEX NO.
NO. 514069/2019
514069/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 65
1 RECEIVED
RECEIVED NYSCEF:
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construction site at the adjoining premises, causing damage to the subject premises, including
the rear yard; (5) failed to exercise due care in the construction of the buikling at the adjoining |
premises; (6) failed to properly supervise its contractors, subcontractors, agents, servants and/or
employees in their construction of the building at the adjoining premises; (7) failed to properly
ensure that the auguring, excavation, underpinning, shoring, drilling and/or installation of piles at
the site was done in accordance with the approved plans and geñcrally accepted construction
methods; (8) negligently retained contractors and/or subcontractors to undertake the construction
of the building at the adjoining premises; and (9) failed to ensure that the construction of the
building at the adjoining premises was in conformance with the Building, Administrative and/or
Fire codes of the City of New York.
12. At all relevant times, Defendant 328 LLC, its contractors, subcontractors, agents,
servants and/or employees had both actual and/or constructive knowledge and notice of the
dangerous, defective and hazardous condition they were creating that caused damages to the
subject premises.
13. The damages sustained to the subject premises were due solely and wholly to the
negligence, recklessness, gross negligence and/or grossly reckless conduct of the Defendant 328
LLC, its contractors, subcontractors, agents, servants and/or employees and without any fault or
want of care on the part of the plaintiff contributing thereto.
14. As a result of Defendant 328 LLC's negligence, Plaintiff has sustained damages in
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NYSCEF DOC.
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the sum of at least $650,000.00, with the precise amount to be determined at the trial of this
action.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST DEFENDANT NYB BUILDERS
(Negligence)
15. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "14,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
16. On or before August 30, 2018, Defendant NYB BULDERS was hired by
Defendant 328 LLC to serve as a contractor and/or subcontractor and/or demolition coreparcy
and/or excavation company with respect to the construction of a building at the adjoining
premises.
17. On or after August 30, 2018, and during the course of the construction of the
building at theadjoining premises, Defendant NYB BUILDERS, itscontractors, subcontractors,
agents, servants and/or employees caused and/or permitted extensive darnages to be caused to
the subject premises.
18. The damages sustained to the subject premises were partially and/or wholly
caused by the negligence, carelessness, recklessness and/or gross negligence of Defendant
NYB BUILDERS, its contractors, subcontractors, agents, servants and/or employees, in that
U4ER.ARNOLD-WINSTON
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FILED:
F ILED : KINGS
KIU3S COUNTY
COUNTY CLERK
CLERK 08/20/2020
06/25/2019 05:44
04 :39 PM
PM|
INDEX
INDEX NO.
NO. 514069/2019
514069/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
NO, 65
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/20/2020
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they, inter alia: (1) failed to take appropriate efforts to protect adjoining and surrounding
premises from construction damage; (2) failed to take appropriate efforts to underpin, shore or
reinforce the existing fo1mantion of the subject premises in preparation for the construction at
the adjoining premises; (3) failed to take into account the soil conditions at the adjoining
premises during the course of construction, which condition was present and known; (4)
improperly excavated the construction site at the adjoining premises, causing damage to the
subject premises, including the rear yard; (5) failed to exercise due care in the construction of the
building at the adjoining premises; (6) failed to properly supervise its contractors, subcontractors,
agents, servants and/or employees in their construction of the building at the adjoining premises;
(7) failed to properly ensure that the auguring, excavation, underpinning, shoring, drilling and/or
installation of piles at the site was done in accordance with the approved plans and generally
accepted construction methods; (8) negligently retained contractors and/or subcontractors to
undertake the construction of the building at the adjoining premises; and (9) failed to ensure that
the construction of the building at the adjoining premises was in conformance with the Building,
Administrative and/or Fire codes of the City of New York.
19. At all relevant times, Defendant NYB BULDERS, its contractors,
subcontractors, agents, servants and/or employees had both actual and/or constructive knowledge
and notice of the dangerous, defective and hazardous condition they were creating that caused
damages to the subject premises.
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|FILED KINGS
KnfGS COUNTY
COUNTY CLERK
CLERK 08/20/2020
06/25/2019 05:44
04 :39 PM
PM|
INDEX
INDEX NO.
NO. 514069/2019
514069/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 65
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/20/2020
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20. The damages sustained to the subject premises were due solely and wholly to the
negligence, recklessness, gross negligence and/or grossly reckless conduct of Defendant NYB
BUILDERS, its contractors, subcontractors, agents, servants and/or employees and without any
fault or want of care on the part of the Plaintiff contributing thereto.
BUILDERS'
21. As a result of Defendant NYB negligence, Plaintiff has sustained
damages in the sum of at least $650,000.00, with the precise amount to be determined at the trial
of this action.
AS AND FOR A THIRD CAUSE OF ACTION
AGAINST DEFENDANT REGAL
(Negligence)
22. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "21,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
23. On or before August 30, 2018, Defendant REGAL was hired by Defendant 328
LLC to serve as a contractor and/or subcontractor and/or demolition company and/or excavation
company with respect to the construction of a building at the adjoining premises.
24. On or after August 30, 2018, and during the course of the construction of the
building at the adjoining premises, Defendant REGAL, its contractors, subcontractors, agents,
servants and/or employees caused and/or permitted extensive damages to be caused to the
subject premises.
INER-ARNOLD-WINSTON
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FILED::
|FILED KINGS
KIU3S COUNTY
COUNTY CLERK
CLERK 08/20/2020
06/25/2019 05:44
04:39 PM
PM|
INDEX
INDEX NO.
NO. 514069/2019
514069/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
No, 65
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/20/2020
06/25/2019
25. The damages sustained to the subject premises were partially and/or wholly
caused by the negligence, carelessness, recklessness and/or gross negligence of Defendant
REGAL, its contractors, subcontractors, agents, servants and/or employees, in that they, inter
alia: (1) failed to take appropriate efforts to protect adjoining and surrounding premises from
construction damage; (2) failed to take appropriate efforts to underpin, shore or reinforce the
foundation of the subject premises in preparation for the construction at the -
existing adjoining
premises; (3) failed to take into account the soil conditions at the adjoining premises during the
course of construction, which condition was present and known; (4) improperly excavated the
construction site at the adjoining premises, causing damage to the subject premises, including
the rear yard; (5) failed to exercise due care in the construction of the building at the adjoining
premises; (6) failed to properly supervise itscontractors, subcontractors, agents, servants and/or
employees in their construction of the building at the adjoining premises; (7) failed to properly
ensure that the auguring, excavation, underpinning, shoring, drilling and/or installation of piles at
the site was done in accordance with the approved plans and generally accepted construction
methods; (8) negligently retained contractors and/or subcontractors to undertake the construction
of the building at the adjoining premises; and (9) failed to ensure that the construction of the
building at the adjoining premises was in conformance with the Building, Administrative and/or
Fire codes of the City of New York.
NER-ARNOLD-WINSTON
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FILED::
|FILED KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 08/20/2020
06/25/2019 05:44
04:39 PM
PM1
INDEX
INDEX NO.
NO. 514069/2019
514069/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
No, 65
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/20/2020
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26. At all relevant times, Defendant REGAL, itscontractors, subcontractors, agents,
servants and/or employees had both actual and/or constructive knowledge and notice of the
dangerous, defective and hazardous condition they were creating that caused damages to the
subject premises.
27. The damages sustained to the subject premises were due solely and wholly to the
negligence, recklessness, gross negligence and/or grossly reckless conduct of Defendant REGAL,
its contractors, subcontractors, agents, servants and/or employees and without any fault or want
of care on thepart of the Plaintiff contributing thereto.
28. As a result of Defendant REGAL's negligence, Plaintiff has sustained damages in
the sum of at least $650,000.00, with the precise amount to be determined at the trial of this
action.
AS AND FOR A FOURTH CAUSE OF
ACTION AGAINST DEFENDANTS 328 LLC
NYB BUILDERS and REGAL
(Trespass)
29. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "28,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
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KIN3S COUNTY
COUNTY CLERK
CLERK 08/20/2020
06/25/2019 05:44
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PM1
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INDEX NO.
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NYSCEF DOC.
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1 RECEIVED
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30. On or about August 30, 2018, Defendants 328 LLC and/or NYB BUILDERS
and/or REGAL, through their contractors, subcontractors, agents, servants and/or employees,
without legal right or authority, wrongfully permitted and/or caused equipment, machinery,
debris, construction materials, and construction personnel to enter into and/or be placed near,
onto, abutting and/or within the subject premises.
31. As a result of the trespass by Defendants 328 LLC and/or NYB BUILDERS
and/or REGAL, their contractors, subcontractors, agents, servants and/or employees, the subject
premises were extensively damaged.
32. As a result of Defendants 328 LLC and/or NYB BUILDERS and/or REGAL
trespass, Plaintiff has sustained damages in the sum of at least $650,000.00, with the precise
amount to be determined at the trial of this action.
AS AND FOR A FIFTH CAUSE OF
ACTION AGAINST DEFENDANTS328 LLC
NYB BUILDERS and REGAL
(Nuisance)
33. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "32,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
LNER-ARNOLD-WINSTON
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FILED::
|FILED KINGS
KnfGS COUNTY
COUNTY CLERK
CLERK 08/20/2020
06/25/2019 05:44
04:39 PM
PM|
INDEX
INDEX NO.
NO. 514069/2019
514069/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
No. 65
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/20/2020
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34. On or about August 30, 2018, Defendants 328 LLC and/or NYB BUILDERS
and/or REGAL, through their contractors, subcontractors, agents, servants and/or employees,
without legal righ