Preview
FILED: KINGS COUNTY CLERK 08/20/2020 05:44 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/20/2020
EXHIBIT 2
FILED::
|F ILED KINGS
KI GS COUNTY
COUNTY CLERK
CLERK 08/20/2020
11/05/2019 05:44
01: 17 PM
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NO. 514069/2019
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NYSCEF DOC.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--- X
326 21st STREET LLC, Index No.: 514069/2019
Plaintiff,
AMENDED
-against- COMPLAINT
PURSUANT TO
328 21 ST LLC, NYB BUILDERS INC., CPLR 6 1009
REGAL RECONSTRUCTION CORP. and
ZUMBAS BUILDERS INC.
Defendants.
---------- ---------------------------X
NYB BUILDERS INC.,
Third-Party Plaintiff,
-against-
ZUMBAS BUILDERS INC.
Third-Party Defendant.
--------- --------------------------------------- --X
Plaintiff, 326 21st STREET LLC, by its attorneys, LERNER, ARNOLD & WINSTON,
LLP, as and for its Añieñded Co1ñplaiñt pursuant to CPLR Rule 1009, allege upon information
and belief as follows:
1. At all times hereiñafter mentioned, Plaintiff 326 21st STREET LLC (hereinafter
referred to as "Plaintiff") 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 its principal place of
business located in the State of New York.
NER-ARNOLD-WINSTON
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2. At all times hereiñafter mentioned, Defendant 328 21 ST LLC (hereinafter
referred to as "328 LLC") was and still is 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 BULDERS INC.,
(hereinafter referred to as "NYB BUILDERS") 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 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 of New York.
5. At all times hereinafter mentioned, Defendant ZUMBAS BULDERS INC.
(hereinafter referred to as "ZUMBA") 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.
BACKGROUND FACTS RELEVANT TO ALL CAUSES__OF ACTION
6. At all times hereinafter mentioned, Plaintiff was the titleowner of the premises
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located at 326 21st Street, Brooklyn, New York (hereinafter referred to as the "subject
premises").
7. At all times hereinafter mentioned, Defendant 328 LLC was the title owner of the
21St
premises located at 328 Street, Brooklyn, New York (hereinafter referred to as the "adjoining
premises").
8. On or before August 30, 2018, and upon information and belief, Defendant 328
LLC retained NYB BUILDERS, REGAL RECONSTRUCTION and/or ZUMBA to construct a
building at the adjoining premises.
9. On or before August 30, 2018, and upon information and belief, Defendant NYB
BUILDERS and/or REGAL RECONSTRUCTION retained ZUMBA to construct a building at
the adjoining premises.
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST DEFENDANT 328 LLC
(Negligence)
10. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "9,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
ER-ARNOLD-WINSTON
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11. On or before August 30, 2018, Defendant 328 LLC undertook to construct a
building at the adjoining premises.
12. On or after August 30, 2018, and during the course of the construction of the
building at the adjoining premises, Defendant 328 LLC, its contractors, subcontractors, agents,
servants and/or employees caused and/or permitted extensive damages to be caused to the subject
premises.
13. 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
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
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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.
14. 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.
15. 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.
16. As a result of Defendant 328 LLC'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.
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AS AND FOR A SECOND CAUSE OF ACTION
AGAINST DEFENDANT NYB BUILDERS
(Negligence)
17. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "16,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
18. 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 company
and/or excavation company with respect to the construction of a building at the adjoining
premises.
19. On or after August 30, 2018, and during the course of the construction of the
building at the adjoining premises, Defendant NYB BUILDERS, itscontractors, subcontractors,
agents, servants and/or employees caused and/or permitted extensive damages to be caused to
the subject premises.
20. 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
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
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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 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.
21. At all relevant times, Defendant NYB BUILDERS, 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.
22. 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, itscontractors, subcontractors, agents, servants and/or employees and without any
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fault or want of care on thepart of the Plaintiff contributing thereto.
BUILDERS'
23. 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)
24. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "23,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
25. 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.
26. 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.
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27. 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
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
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 instaHation 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.
28. At all relevant times, Defendant REGAL, 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
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subject premises.
29. 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,
itscontractors, subcontractors, agents, servants and/or employees and without any fault or want
of care on the part of the Plaintiff contributing thereto.
30. 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 DEFENDANT ZUMBA
(Negligence)
31. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "30,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
32. On or before August 30, 2018, Defendant ZUMBA was hired by Defendants 328
LLC, NYB BUILDERS and/or REGAL 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.
33. On or after August 30, 2018, and during the course of the construction of the
building at the adjoining premises, Defendant ZUMBA, itscontractors, subcontractors, agents,
NERARNOLD-WINSTON
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servants and/or employees caused and/or permitted extensive damages to be caused to the
subject premises.
34. The dmages sustained to the subject premises were partially and/or wholly
caused by the negligence, carelessness, recklessness and/or gross negligence of Defendant
ZUMBA, itscontractors, 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
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 buUding 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, underpiññing, 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.
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35. At all relevant times, Defendant ZUMBA, 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.
36. 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
ZUMBA, itscontractors, subcontractors, agents, servants and/or employees and without any fault
or want of care on the part of the Plaintiff contributing thereto.
37. As a result of Defendant ZUMBA'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 FIFTH CAUSE OF
ACTION AGAINST DEFENDANTS 328 LLC
_NYB BUILDERS. REGAL and ZUMBA
(Trespass)
38. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "37,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
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39. On or about August 30, 2018, Defendants 328 LLC and/or NYB BUILDERS
and/or REGAL and/or ZUMBA, 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.
40. As a result of the trespass by Defendants 328 LLC and/or NYB BUILDERS
and/or REGAL and/or ZUMBA, their contractors, subcontractors, agents, servants and/or
employees, the subject premises were extensively damaged.
41. As a result of Defendants 328 LLC and/or NYB BUILDERS and/or REGAL
and/or ZUMBA trespass, Plaintiff has sustained damages in the sum of at least $650,000.00, with
the precise amount to be determined at the trialof this action.
AS AND FOR A SIXTH CAUSE OF
ACTION AGAINST DEFENDANTS 328 LLC
NYB BUILDERS. REGAL and ZUMBA
(Nuisance)
42. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "41,"
paragraphs numbered through inclusive, with the same force and effect as though
more fully set forth herein at length.
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43. On or about August 30, 2018, Defendants 328 LLC and/or NYB BUILDERS
and/or REGAL and/or ZUMBA, 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.
44. On or about August 30, 2018, and thereafter, Defendants
Preview
FILED: KINGS COUNTY CLERK 08/20/2020 05:44 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/20/2020 EXHIBIT 2 FILED:: |F ILED KINGS KI GS COUNTY COUNTY CLERK CLERK 08/20/2020 11/05/2019 05:44 01: 17 PM PMl INDEX INDEX NO. NO. 514069/2019 514069/2019 NYSCEF NYSCEF DOC. DOC. NO. N . 75 27 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/20/2020 11/05 /2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --- X 326 21st STREET LLC, Index No.: 514069/2019 Plaintiff, AMENDED -against- COMPLAINT PURSUANT TO 328 21 ST LLC, NYB BUILDERS INC., CPLR 6 1009 REGAL RECONSTRUCTION CORP. and ZUMBAS BUILDERS INC. Defendants. ---------- ---------------------------X NYB BUILDERS INC., Third-Party Plaintiff, -against- ZUMBAS BUILDERS INC. Third-Party Defendant. --------- --------------------------------------- --X Plaintiff, 326 21st STREET LLC, by its attorneys, LERNER, ARNOLD & WINSTON, LLP, as and for its Añieñded Co1ñplaiñt pursuant to CPLR Rule 1009, allege upon information and belief as follows: 1. At all times hereiñafter mentioned, Plaintiff 326 21st STREET LLC (hereinafter referred to as "Plaintiff") 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 its principal place of business located in the State of New York. NER-ARNOLD-WINSTON 1 of 16 FILED:: |F ILED KINGS KI FGS COUNTY COUNTY CLERK CLERK 08/20/2020 11/05/2019 05:44 01: 17 PM INDEX INDEX NO. NO. 514069/2019 514069/2019 PM| NYSCEF NYSCEF DOC. DOC. NO. E0. 75 27 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/20/2020 11/05/2019 2. At all times hereiñafter mentioned, Defendant 328 21 ST LLC (hereinafter referred to as "328 LLC") was and still is 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 BULDERS INC., (hereinafter referred to as "NYB BUILDERS") 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 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 of New York. 5. At all times hereinafter mentioned, Defendant ZUMBAS BULDERS INC. (hereinafter referred to as "ZUMBA") 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. BACKGROUND FACTS RELEVANT TO ALL CAUSES__OF ACTION 6. At all times hereinafter mentioned, Plaintiff was the titleowner of the premises ER-ARNOLD-WINSTON 2 2 of 16 FILED: KINGS COUNTY CLERK 11/05/2019 08/20/2020 01:17 05:44 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 27 75 RECEIVED NYSCEF: 11/05/2019 08/20/2020 located at 326 21st Street, Brooklyn, New York (hereinafter referred to as the "subject premises"). 7. At all times hereinafter mentioned, Defendant 328 LLC was the title owner of the 21St premises located at 328 Street, Brooklyn, New York (hereinafter referred to as the "adjoining premises"). 8. On or before August 30, 2018, and upon information and belief, Defendant 328 LLC retained NYB BUILDERS, REGAL RECONSTRUCTION and/or ZUMBA to construct a building at the adjoining premises. 9. On or before August 30, 2018, and upon information and belief, Defendant NYB BUILDERS and/or REGAL RECONSTRUCTION retained ZUMBA to construct a building at the adjoining premises. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT 328 LLC (Negligence) 10. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "9," paragraphs numbered through inclusive, with the same force and effect as though more fully set forth herein at length. ER-ARNOLD-WINSTON 3 3 of 16 FILED: KINGS COUNTY CLERK 11/05/2019 08/20/2020 01:17 05:44 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 27 75 RECEIVED NYSCEF: 11/05/2019 08/20/2020 11. On or before August 30, 2018, Defendant 328 LLC undertook to construct a building at the adjoining premises. 12. On or after August 30, 2018, and during the course of the construction of the building at the adjoining premises, Defendant 328 LLC, its contractors, subcontractors, agents, servants and/or employees caused and/or permitted extensive damages to be caused to the subject premises. 13. 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 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 4ER-ARNOLD-WINSTON 4 of 16 FILED: KINGS COUNTY CLERK 11/05/2019 08/20/2020 01:17 05:44 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 27 75 RECEIVED NYSCEF: 11/05/2019 08/20/2020 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. 14. 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. 15. 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. 16. As a result of Defendant 328 LLC'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. NER-ARNOLD-WINSTON . 5 5 of 16 FILED:: [FILED KINGS KIhlGS COUNTY COUNTY CLERK CLERK 08/20/2020 11/05/2019 05:44 01:17 PM PM1 INDEX INDEX NO. NO. 514069/2019 514069/2019 NYSCEF NYSCEF DOC. DOC. NO. 10. 75 27 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/20/2020 11/05/2019 AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT NYB BUILDERS (Negligence) 17. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "16," paragraphs numbered through inclusive, with the same force and effect as though more fully set forth herein at length. 18. 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 company and/or excavation company with respect to the construction of a building at the adjoining premises. 19. On or after August 30, 2018, and during the course of the construction of the building at the adjoining premises, Defendant NYB BUILDERS, itscontractors, subcontractors, agents, servants and/or employees caused and/or permitted extensive damages to be caused to the subject premises. 20. 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 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 4ER•ARNOLD-WINSTON 6 of 16 FILED: FILED : KINGS KIR GS COUNTY COUNTY CLERK CLERK 08/20/2020 11/05/2019 05:44 01: 17 PM PM| INDEX INDEX NO. NO. 514069/2019 514069 /2019 NYSCEF NYSCEF DOC. DOC. NO. NC. 75 27 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/20/2020 11/05 /2019 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 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. 21. At all relevant times, Defendant NYB BUILDERS, 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. 22. 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, itscontractors, subcontractors, agents, servants and/or employees and without any ER-ARNOLD•WINSTON 7 of 16 FILED: KINGS COUNTY CLERK 11/05/2019 08/20/2020 01:17 05:44 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 27 75 RECEIVED NYSCEF: 11/05/2019 08/20/2020 fault or want of care on thepart of the Plaintiff contributing thereto. BUILDERS' 23. 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) 24. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "23," paragraphs numbered through inclusive, with the same force and effect as though more fully set forth herein at length. 25. 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. 26. 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. ER-ARNOLD-WINSTON 8 of 16 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 08/20/2020 11/05/2019 05:44 01: 17 PM PM| INDEX INDEX NO. NO. 514069/2019 514069 #2019 NYSCEF NYSCEF DOC. DOC. NO. N:. 75 27 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/20/2020 11/05 2019 27. 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 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 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 instaHation 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. 28. At all relevant times, Defendant REGAL, 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 4ER.ARNOLD•WINSTON 9 of 16 FILED: KINGS COUNTY CLERK 11/05/2019 08/20/2020 01:17 05:44 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 27 75 RECEIVED NYSCEF: 11/05/2019 08/20/2020 subject premises. 29. 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, itscontractors, subcontractors, agents, servants and/or employees and without any fault or want of care on the part of the Plaintiff contributing thereto. 30. 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 DEFENDANT ZUMBA (Negligence) 31. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "30," paragraphs numbered through inclusive, with the same force and effect as though more fully set forth herein at length. 32. On or before August 30, 2018, Defendant ZUMBA was hired by Defendants 328 LLC, NYB BUILDERS and/or REGAL 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. 33. On or after August 30, 2018, and during the course of the construction of the building at the adjoining premises, Defendant ZUMBA, itscontractors, subcontractors, agents, NERARNOLD-WINSTON 10 of 16 FILED:: [FILED KINGS KI FGS COUNTY COUNTY CLERK CLERK 08/20/2020 11/05/2019 05:44 01: 17 PM PMl INDEX INDEX NO. NO. 514069/2019 514069/2019 NYSCEF NYSCEF DOC. DOC. NO. E0. 75 27 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/20/2020 11/05/2019 servants and/or employees caused and/or permitted extensive damages to be caused to the subject premises. 34. The dmages sustained to the subject premises were partially and/or wholly caused by the negligence, carelessness, recklessness and/or gross negligence of Defendant ZUMBA, itscontractors, 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 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 buUding 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, underpiññing, 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. 4ER-ARNOLD•WINSTON 11 of 16 FILED: KINGS COUNTY CLERK 11/05/2019 08/20/2020 01:17 05:44 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 27 75 RECEIVED NYSCEF: 11/05/2019 08/20/2020 35. At all relevant times, Defendant ZUMBA, 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. 36. 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 ZUMBA, itscontractors, subcontractors, agents, servants and/or employees and without any fault or want of care on the part of the Plaintiff contributing thereto. 37. As a result of Defendant ZUMBA'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 FIFTH CAUSE OF ACTION AGAINST DEFENDANTS 328 LLC _NYB BUILDERS. REGAL and ZUMBA (Trespass) 38. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "37," paragraphs numbered through inclusive, with the same force and effect as though more fully set forth herein at length. NER-ARNOLD-WINSTON 12 . 12 of 16 FILED: F ILED : KINGS KI SGS COUNTY COUNTY CLERK CLERK 08/20/2020 11/0572019 05:44 01: 17 PM PM| INDEX INDEX NO. NO. 514069/2019 514069/2019 NYSCEF NYSCEF DOC. DOC. NO. E0. 75 27 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/20/2020 11/05 /2019 39. On or about August 30, 2018, Defendants 328 LLC and/or NYB BUILDERS and/or REGAL and/or ZUMBA, 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. 40. As a result of the trespass by Defendants 328 LLC and/or NYB BUILDERS and/or REGAL and/or ZUMBA, their contractors, subcontractors, agents, servants and/or employees, the subject premises were extensively damaged. 41. As a result of Defendants 328 LLC and/or NYB BUILDERS and/or REGAL and/or ZUMBA trespass, Plaintiff has sustained damages in the sum of at least $650,000.00, with the precise amount to be determined at the trialof this action. AS AND FOR A SIXTH CAUSE OF ACTION AGAINST DEFENDANTS 328 LLC NYB BUILDERS. REGAL and ZUMBA (Nuisance) 42. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "41," paragraphs numbered through inclusive, with the same force and effect as though more fully set forth herein at length. ER•ARNOLD·WINSTON 13 13 of 16 FILED: KINGS COUNTY CLERK 11/05/2019 08/20/2020 01:17 05:44 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 27 75 RECEIVED NYSCEF: 11/05/2019 08/20/2020 43. On or about August 30, 2018, Defendants 328 LLC and/or NYB BUILDERS and/or REGAL and/or ZUMBA, 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. 44. On or about August 30, 2018, and thereafter, Defendants