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FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/03/2018
ah' INDEX NO. 154000/2018
FILED: NEW YORK COUNTY CLERK ha%
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NYSCEF
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/201
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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Ind„N
Index No,:
DARRYLNOWAK
VERIFIED COMPLAINT
Plaintiffs,
- against -
SEA WOLF MARINE TRANSPORTATION, LLC and
WITTICH BROTHERS MARINE, INC
Defendants.
.....____----.------..------------------
____.--..- —— '\ r
____--....-_____---------X
Plaintiff, by his attorneys, NAPOL1 SHKOLNIK, PLLC, upon information belief alleges:
1. On or about September
r 1 Plaintiff
12, 7 2017, DARRYL NOWAK, was a citizen and
resident ofthe Hudson County and State ofNew Jersey.
2. On or about Septernber 12, 2017, Defendant SEA WOLF MARINE
TRANSPORTATION, LLC was and still is a domestic corporation, organized and existing under
and by virtue of the laws of the State of New Jersey with itsprincipal place of business located at
473 Broadway, Suite 408 Bayonne, New Jersey 07002.
3. On or about September 12, 2017, Defendant SEA WOLF MARINE
TRANSPORTATION, LLC was the owner or owner pro hoc vice of the tug SEA WOLF.
4. On or about September 12, 2017, Defendant SEA WOLF MARINE
TRANSPORTATION, LLC, operated, managed and controlled he tug SEA WOLF.
3. On or about 5eptember 12, 2017 Defendant WITTICH BROTHERS MARINE, INC was
and stillis the parent corporation and/or holding company of SPA WOLF MARINE
TRANSPORTATION, LLC
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YSCEF DOC. NO. 1 RÈCEIVED NYSC2F : 05/01/2011
6. On or about September 2, 2017, Defendant WITTICH BROTHERS INC was
MARINE,
and stillis a domestic corporation, organized and under and virtue of the laws of the
existing by
State of New Jersey with itsprincipal place of business located at 25 Abe Voorhees Drive,
Manasquan, New Jersey, 08736.
7. On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC
was the owner or owner pro hoc vice of the tug SEA WOLF.
-
8 On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC,
operated,_managed and controlled he tug SEA WOLF.
9. On or about Septernber 12, 2017, Plaintiff DRRRYl-NOWÄK was a citizen and resident
of the Hudson County and State of New Jersey.
.0. On or about September 12, 2017 Defendant SEA WOLF MARINE INC. was a domestic
corporation, duly organized and existing under and by virtue of the laws of the State of New Jersey.
1 1. On or about September 12, 2017, Defendant SEA WOLF MARINE INC. was a foreign
entity, duly organized and existing under and by virtue of the laws of the State of New Jersey.
12, On or about September 12, 2017, Defendant SEA WOLF MARINE INC. was a duly
organized partnership existing and doing business under the laws of the State of New Jersey.
13. On or about September 12, 2017, Defendant SEA WOLF MARINE 1NC. was a duly
organized limited liability company existing and doing business under the laws of the State of New
Jerse .
]4. Ordr saout September 12, 2017, Defendant SEA WOLF MARINE INC. maintained an
office located aÑ73 Broadway, Suite 408 Bayonne, New Jersey 07002.
I5 On or about September 12, 20 Ú,uefendant
uetendant SEA WOLF MARINE INC. did and/or
solicited business within the State of New York.
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NYSCEF DOC. NO. 1 RECEIVED NYSCBF: 05/01/2011
16. On or about September 12, 2017, Defendant SEA WOLF MARINE TNC, derived
substantial revenue from goods used or consumed in the State of New York.
17. On or about September 12, 2017, Defendant SEA WOLF MARINE INC. derived
substantial revenue from services rendered in the State of New York.
18. On or about September 12, 2017, Defendant SEA WOLF MARINE INC. expected, or
should reasonably have expected, itsacts and business activities to have consequences within the
State of New York.
19. On or about September 12, 2017, Defendant SEA WOLF MARINE INC. derived
substantial revenues from interstate commerce.
20. On or about September 12, 2017, Defendant SEA WOLF MARINE INC. derived
substantial revenues from international commerce.
21, On or about September 12, 2017 Defendant WITTICH. BROTHERS MARINE, INC was
a domestic corporation, duly organized and existing under and by virtue of the laws of the State of
New Jersey.
22. On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC was
a foreign entity, duly organized and existing under and by virtue of the laws of the State of New
sersey.
~~rsev,
23. On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE. INC was
a duly organized partnership existing and doing business under the laws of the State ofNew Jersey.
24, On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC was
a duly organized limited liabilitycompany existing and doing business under the laws of the State of
..
New Tersey
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25, On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC
maintained an office located at 25 Abe Voorhees Drive, Manasquan, NJ 08736.
26. On or about September 12, 2017, Defendant WITTICH BROTHERS MARENE, INC did
and/or solicited business within the State of New York.
27. On or about September 12, 2017, D fendant WITTICH BROTHERS MARINE, INC
derived substantial revenue from goods used or consumed in the State of New York.
28. On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, fNC
derived substantial revenue from services rendered in the State of New York.
29, On or about September 20 Defendant WITTICH BROTHERS INC
12, l7, MARINE,
expected, or should reasonably have expected, itsacts and business activities to have consequences
within the State of New York.
30 On or about September 12, 2017, Defendant WITTICH BROTHERS MARTNE, INC
derived substantial revenues from interstatecommerce.
31 On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC
derived substantial revenues from international commerce.
32. The cause of action arose in the New York County, State of New York.
FACTS
"1"
33. Plaintiff repeats, reiterates, and realleges the allegations set forth in paragraphs
f~~/' "34"
through of this Complaint as if fullyset forth in this Paragraph.
It
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. 34. On or about September 12, 2017, and at alltimes herein mentioned, Plaintiff DARRYL
I
NOWAK was working on Barge #2223 about 300 yards off shore in the Hudson River, on the New
York coast.
35. On or about September 12, 2017, Plaintiff DARRYL NO WAK was being picked from
Barge #2223 by a tug boat named Sea Wolf, which is owned by Defendant SEA WOLF MARINE
INC.
36. On or about September 12, 2017, Plaintiff DARRYL NOWAK was being picked from
Barge #2223 by a tug boat named Sea Wolf, which is owned by Defendant WITTICH BROTHERS
MARINE, INC.
37. Defendant SEA WOLF MARINE INC.'s tug boat Sea Wolf pulled alongside the Barge
#2223. Defendant failed to secure the tug to Barge #2223.
38. Defendant WITTICH BROTHERS MARINE, INC's tug boat Sea Wolf pulled
~ alongside the Barge #2223. Defendant failed to secure the tug to Barge #2223.
39. On or about September 12, 2017, Plaintiff DARRYL NOWAK had to step on tires used
) as bumpers on Barge #2223 at thistime the Defendant SEA WOLF MARINE INC 's tug drifted
away from the barrage causing Plaintiff DARRYL NOWAK to fallbetween the barge and the tug.
40. On or about September 12, 2017, Plaintiff DARRYL NOWAK had to step on tires used
}N as bumpers on Barge #2223 at thistime the Defendant WITTICH BROTHERS MARINE, INC's tug
drifted away from the barrage causing Plaintiff DARRYL NOWAK to fall between the barge and
the tug.
! 41, That as a result of the foregoing, the Plaintiff DARRYL NOWAK was injured.
42. That as a result of the foregoing, the Plaintiff DARRYL NOWAK was seriously and
I
permanently injured.
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43. This court has jurisdiction over this action pursuant to 28 U.S.C. § 1332(a)(2).
a
's j
44. Venue is proper pursuant to 28 U.S.C. §l 39t(b)(2).
'.J',;i
AS AND FOR A FIRST CAUSE OF ACTION:
NEGLIGENCE AND BREACH OF THE DUTIES IMPOSED BY THE GENERAL
MARITIME LAW
45. Plaintiff repeats, reiterates and realleges each and every allegation set forth in the
p(i
"i" "44"
paragraphs numbered through inclusive as if fully set forth at length herein.
46. Upon information and belief, at alltimes relevant, the defendant, SEA WOLF MARINE
?N
/ ) TRANSPORTATION, LLC .,owned, operated, maintained and/or controlled the vessel, deck,
appurtenances, and premises where plaintiff was injured as alleged herein.
47. Upon information and belief, at alltimes relevant, the defendant, WITTICH BROTHERS
MARTNE, INC, owned, operated, maintained and/or controlled the vessel, deck, appurtenances, and
premises where plaintiff was injured as alleged herein.
48. By reason of the foregoing, the defendant, SEA WOLF MARINE TRANSPORTATION,
LLC . ,their agents, servants, and employees', negligence, carelessness, and recklessness under New
York Law and under the general maritime law, caused the plaintiff's aforementioned injuries and
damage.
49. By reason of the foregoing, the defendant, WITTICH BROTHERS MARINE, INC, their
f
agents, servants, and employees', negligence, carelessness, and recklessness under New York Law
f
and under the general maritime law, caused the plaintiff s aforementioned injuries and damage.
50. Defendant, WITTICH BROTHERS MARINE, INC, and SEA WOLF MARINE
e
n
TRANSPORTATION, LLC their agents, servants, and/or employees, were negligent careless, and
reckless as follows:
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(a) In failing to properly and safely maintain the said premises, cables and
barge, appurtenances,
equipment which caused and contributed to plaintiff's injuries on and prior to the date of
accident.
(b) In failing to properly, reasonably, or adequately maintain the vessel and itsappurtenances so
as to render itfitand safe for plaintiff.
(c) In failing to adequately maintain, equip, replace and/or repair said vessel, cables, lines and
equipment utilized in connection with said vessel.
(d) In failing to properly clean or maintain the deck of said vessel
(e) In failing to regularly or adequately inspect said vessel, inclusive the deck where plaintiff
fell, cables, lines and equipment utilized in connection with subject vessel.
(f) In failing to maintain said vessel in navigable waters in a seaworthy and reasonably safe
condition.
(g) In failing to properly train or equip plaintiff and other employees in the safe operation of said
vessel and the equipment and appurtenances necessary to operate or secure said vessel in
navigable waters.
(h) In failing to have an adequate and trained crew.
(i) In failing to maintain, control or provide a suitable, proper system of cables or other devices
to secure said vessel.
(j) In failing to provide safe mooring for said vessel.
(k) In exposing the plaintiff to unreasonable risks of serious bodily injuries in the course of his
work.
(1) Such other acts of negligence as will be shown at the trialof this case.
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(m)All of the forgoing with actual and constructive notice and knowledge of the dangerous,
unsafe, and unseaworthy conditions abroad said vessel, itscables, equipment and
appurtenances with respect to the subject vessel, and other similar vessels in use and
operation at said location in the Hudson River.
(n) In otherwise being negligent, careless, and reckless.
51. As a result of the foregoing, the plaintiff requests money damages in an amount which
exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION:
COMMON LAW NEGLIGENCE AND BREACH OF STATUTORY DUTY OF CARE
52. The plaintiff repeats, reiterates and realleges each and every allegation set forth in the
J
f
"I" "51"
paragraphs numbered through inclusive as if fullyset forth at length herein.
53. Each and every defendant, their agents, servants and employees breached their common
law and statutory duties of care owed to plaintiff herein in proximately causing plaintiffs bodily
injuries and damages alleged herein by:
(a) Failing or neglecting to inspect, own, operate, manage and/or control the said real property
(situs of the said incident) and itsappurtenances, including aforesaid dock, cables,
attachments and equipment utilized in connection with the aforesaid barges/vessel(s) in a
good or acceptable condition of repair on and prior to the said -
reasonably injury producing
incident all with both actual and constructive notice and knowledge that the same were
unreasonabiy dangerous and unsafe; and
(b) Violated all applicable federal, state and local laws, statutes, ordinances, codes, rules and
regulations; and
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(c) Were otherwise negligent, careless and reckless.
54. As a result of the foregoing, the plaintiff requests damages in an amount which
money
I
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION:
AN ACTION FOR VESSEL NEGLIGENCE UNDER33 U.S.C §905(b)
55. The plaintiff repeats, reiterates and realleges each and every allegation set forth in the
«)~I
"1" "54"
paragraphs numbered through inclusive iffully set forth at length herein.
Defendant"
56, Such negligence included, without limitation, failure to: (1) properly inspect,
maintain and repair the vessel before the accident; and (2) warn the longshore workers, including
Plaintiff, of this hidden defect and dangerous condition of the vessel before the accident.
57. Defendant had actual or constructive notice of the dangerous condition and sufficient
time prior to the accident and injury to have taken reasonable measures to protect the longshore and
I'
jI
harbor workers, including Plaintiff, who were required to walk on a dangerous gangway or lack of
gangway.
58. As a legal result of the negligence of Defendant, Plaintiff has suffered serious physical
1
j
injuries, pain and suffering and emotional distress.
59. As a further legal result of the negligence of Defendant, Plaintiff has sustained and will
continue to sustain damages, including and without limitation, general damages and special
It
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damages, including but not limited to, medical expenses, lost wages, benefits, and reduced earning
capacity, all of which will be established at trialaccording to proof.
60. As a result of the foregoing, the plaintiff requests money damages in an amount which
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
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AS AND FOR A FOURTH CAUSE OF ACTION:
AN ACTION FOR VESSEL NEGLIGENCE UNDER33 U.S.C §933
61. The plaintiffrepeats , reiterates and realleges each and every allegation set forth in the
"1" "58"
paragraphs numbered through inclusive as if fully set forth at length herein.
62. Such negligence included, without limitation, SEA WOLF MARINE
TRANSPORTATION, LLC's failure to: (1) properly inspect, maintain and repair the vessel before
the accident; and (2) warn the longshore workers, including Plaintiff, of this hidden defect and
dangerous condition of the vessel before the accident.
63. SEA WOLF MARINE TRANSPORTATION, LLC . had actual or constructive notice of
the dangerous condition and sufficient time prior to the accident and injury to have taken reasonable
measures to protect the longshore and harbor workers, including Plaintiff, who were required to walk
on a dangerous gangway or lack of gangway.
64. As a legal result of the negligence of SEA WOLF MARINE TRANSPORTATION,
I
I
u LLC.. Plaintiff has suffered serious physical injuries, pain and and emotional distress.
suffering
of'
65. As a further legal result of the negligence of SEA WOLF MARINE
TRANSPORTATION, LLC ., Plaintiffhas sustained and will continue to sustain damages. including
and without limitation, general damages and special damages, including but not limited to,medical
expenses, lost wages, benefits, and reduced earning capacity, all of which will be established at trial
according to proof.
66. Such negligence included, without limitation, WITTICH BROTHERS MARINE, INC's
failure to: (1) properly inspect, maintain and repair the vessel before the accident; and (2) warn the
longshore workers, including Plaintiff, of this hidden defect and dangerous condition of the vessel
before the accident.
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67. WITTICH BROTHERS MARINE, INC had actual or constructive notice of the
dangerous condition and sufficient time prior to the accident and injury to have taken reasonable
measures to protect the longshore and harbor who wail.
workers, including Plaintiff, were required to walk
on a dangerous gangway or lack of gangway.
68. As a legal result of the negligence of WITTICH BROTHERS MARINE, INC, Plaintiff
has suffered serious physical injuries, pain and suffering and emotional distress.
69. As a further legal result of the negligence of WITTICH BROTHERS MARINE, INC,
Plaintiff has sustained and will continue to sustain damages, including and without limitation,
general damages and special damages, including but not limited to, medical expenses, lost wages,
')
benefits, and reduced earning capacity, allof which will be established at trial according to proof.
70. As a result of the foregoing, the plaintiff requests money damages in an amount which
l
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
71. Said occurrence resulting injuries occurred without any fault or wrongdoing on the part
I
of the plaintiff contributing thereto.
ff 72. reason of the DARRYL has been damaged in a sum,
By foregoing, plaintiff, NOWAK,
which exceeds the jurisdictional limits of alllower courts, which might otherwise have jurisdiction.
WHEREFORE, plaintiff, D.ARRYL NOWAK demands judgment against the Defendants
SEA WOLF MARINE TRANSPORTATION, LLC and WITTICH BR.OTHERS MARINE, TNC, in a
sum that exceeds the jurisdiction of all other courts lower than the Supreme Court of the State of New
York together with the costs disbursements interests of this action.
Dated: New York, New York
May 1, 2018
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21 COUNTY CLERK 05 01 2018 09:53 AM RECEIVED NYSCEF: 08/03/2018
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Yours etc.,
NAPOLI SHKOLNIK PLLC
Joseph Napoli, Esq.
Attorneys for Plaintiff (s)
11'"
360 Lexington Avenue, Floor
New York, New York 10017
212-397- ] 000
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NYSCEF DOC. NO. 1
Preview
FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/03/2018 ah' INDEX NO. 154000/2018 FILED: NEW YORK COUNTY CLERK ha% AW Ml 08/03/2018 \tVM M 5 M W 8 ~ V M& 05:02 W MLt PM — .. C ERK 05 01 2018 09153 RECEIVFTINQER30EE:16BAM/2 NYSCEF ,s Ys DOC. NO. 21 RECEIVED NYSCEF: 08/03/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/201 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - —---- —-- ——————- ———- —- __,-__-----------------...---__----__...------------__..-----....---------X Ind„N Index No,: DARRYLNOWAK VERIFIED COMPLAINT Plaintiffs, - against - SEA WOLF MARINE TRANSPORTATION, LLC and WITTICH BROTHERS MARINE, INC Defendants. .....____----.------..------------------ ____.--..- —— '\ r ____--....-_____---------X Plaintiff, by his attorneys, NAPOL1 SHKOLNIK, PLLC, upon information belief alleges: 1. On or about September r 1 Plaintiff 12, 7 2017, DARRYL NOWAK, was a citizen and resident ofthe Hudson County and State ofNew Jersey. 2. On or about Septernber 12, 2017, Defendant SEA WOLF MARINE TRANSPORTATION, LLC was and still is a domestic corporation, organized and existing under and by virtue of the laws of the State of New Jersey with itsprincipal place of business located at 473 Broadway, Suite 408 Bayonne, New Jersey 07002. 3. On or about September 12, 2017, Defendant SEA WOLF MARINE TRANSPORTATION, LLC was the owner or owner pro hoc vice of the tug SEA WOLF. 4. On or about September 12, 2017, Defendant SEA WOLF MARINE TRANSPORTATION, LLC, operated, managed and controlled he tug SEA WOLF. 3. On or about 5eptember 12, 2017 Defendant WITTICH BROTHERS MARINE, INC was and stillis the parent corporation and/or holding company of SPA WOLF MARINE TRANSPORTATION, LLC 3 3 of 16 t! FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018 ' CLERK 05 Ol 2018 09: 53 AM RECE1V50DMSÈl2F:1MVE/M NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/03/2018 YSCEF DOC. NO. 1 RÈCEIVED NYSC2F : 05/01/2011 6. On or about September 2, 2017, Defendant WITTICH BROTHERS INC was MARINE, and stillis a domestic corporation, organized and under and virtue of the laws of the existing by State of New Jersey with itsprincipal place of business located at 25 Abe Voorhees Drive, Manasquan, New Jersey, 08736. 7. On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC was the owner or owner pro hoc vice of the tug SEA WOLF. - 8 On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC, operated,_managed and controlled he tug SEA WOLF. 9. On or about Septernber 12, 2017, Plaintiff DRRRYl-NOWÄK was a citizen and resident of the Hudson County and State of New Jersey. .0. On or about September 12, 2017 Defendant SEA WOLF MARINE INC. was a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New Jersey. 1 1. On or about September 12, 2017, Defendant SEA WOLF MARINE INC. was a foreign entity, duly organized and existing under and by virtue of the laws of the State of New Jersey. 12, On or about September 12, 2017, Defendant SEA WOLF MARINE INC. was a duly organized partnership existing and doing business under the laws of the State of New Jersey. 13. On or about September 12, 2017, Defendant SEA WOLF MARINE 1NC. was a duly organized limited liability company existing and doing business under the laws of the State of New Jerse . ]4. Ordr saout September 12, 2017, Defendant SEA WOLF MARINE INC. maintained an office located aÑ73 Broadway, Suite 408 Bayonne, New Jersey 07002. I5 On or about September 12, 20 Ú,uefendant uetendant SEA WOLF MARINE INC. did and/or solicited business within the State of New York. 4 4 af 16 ! FILED: NEW YORK COUNTY CLERK 08/03/2018 .UM . M w% 05:02~. PM INDEX NO. 154000/2018 RK 05 01 2018 .0 9 :53 RECEIV4F SMF·1M9M NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/03/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCBF: 05/01/2011 16. On or about September 12, 2017, Defendant SEA WOLF MARINE TNC, derived substantial revenue from goods used or consumed in the State of New York. 17. On or about September 12, 2017, Defendant SEA WOLF MARINE INC. derived substantial revenue from services rendered in the State of New York. 18. On or about September 12, 2017, Defendant SEA WOLF MARINE INC. expected, or should reasonably have expected, itsacts and business activities to have consequences within the State of New York. 19. On or about September 12, 2017, Defendant SEA WOLF MARINE INC. derived substantial revenues from interstate commerce. 20. On or about September 12, 2017, Defendant SEA WOLF MARINE INC. derived substantial revenues from international commerce. 21, On or about September 12, 2017 Defendant WITTICH. BROTHERS MARINE, INC was a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New Jersey. 22. On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC was a foreign entity, duly organized and existing under and by virtue of the laws of the State of New sersey. ~~rsev, 23. On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE. INC was a duly organized partnership existing and doing business under the laws of the State ofNew Jersey. 24, On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC was a duly organized limited liabilitycompany existing and doing business under the laws of the State of .. New Tersey 5 5 oE 16 FILED: NEW YORK COUNTY CLERK ~ ALMMWM 08/03/2018 ~ &WMMWMM&aa \t:M%J MW 05:02 MM 44k PM INDEX NO. 154000/2018 ~ in UN'.l'Ÿ CLERK 05 2018 09 : 53 RECEIVȧD§§3 F:1 90pj/ Y NYSCEF DOC. NO. 21 / 01/ AM) RECEIVED NYSCEF: 08/03/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/201E 25, On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC maintained an office located at 25 Abe Voorhees Drive, Manasquan, NJ 08736. 26. On or about September 12, 2017, Defendant WITTICH BROTHERS MARENE, INC did and/or solicited business within the State of New York. 27. On or about September 12, 2017, D fendant WITTICH BROTHERS MARINE, INC derived substantial revenue from goods used or consumed in the State of New York. 28. On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, fNC derived substantial revenue from services rendered in the State of New York. 29, On or about September 20 Defendant WITTICH BROTHERS INC 12, l7, MARINE, expected, or should reasonably have expected, itsacts and business activities to have consequences within the State of New York. 30 On or about September 12, 2017, Defendant WITTICH BROTHERS MARTNE, INC derived substantial revenues from interstatecommerce. 31 On or about September 12, 2017, Defendant WITTICH BROTHERS MARINE, INC derived substantial revenues from international commerce. 32. The cause of action arose in the New York County, State of New York. FACTS "1" 33. Plaintiff repeats, reiterates, and realleges the allegations set forth in paragraphs f~~/' "34" through of this Complaint as if fullyset forth in this Paragraph. It 6 6 of Ctf 16 l FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 21 DhNTY CLERK 05 / 01/ 2 018 09 t53 RECEIVED NYSCEF:: 1650QG#20E RECEIVÉf@W7601DF 08/03/2018 YS .ÃM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/201 . 34. On or about September 12, 2017, and at alltimes herein mentioned, Plaintiff DARRYL I NOWAK was working on Barge #2223 about 300 yards off shore in the Hudson River, on the New York coast. 35. On or about September 12, 2017, Plaintiff DARRYL NO WAK was being picked from Barge #2223 by a tug boat named Sea Wolf, which is owned by Defendant SEA WOLF MARINE INC. 36. On or about September 12, 2017, Plaintiff DARRYL NOWAK was being picked from Barge #2223 by a tug boat named Sea Wolf, which is owned by Defendant WITTICH BROTHERS MARINE, INC. 37. Defendant SEA WOLF MARINE INC.'s tug boat Sea Wolf pulled alongside the Barge #2223. Defendant failed to secure the tug to Barge #2223. 38. Defendant WITTICH BROTHERS MARINE, INC's tug boat Sea Wolf pulled ~ alongside the Barge #2223. Defendant failed to secure the tug to Barge #2223. 39. On or about September 12, 2017, Plaintiff DARRYL NOWAK had to step on tires used ) as bumpers on Barge #2223 at thistime the Defendant SEA WOLF MARINE INC 's tug drifted away from the barrage causing Plaintiff DARRYL NOWAK to fallbetween the barge and the tug. 40. On or about September 12, 2017, Plaintiff DARRYL NOWAK had to step on tires used }N as bumpers on Barge #2223 at thistime the Defendant WITTICH BROTHERS MARINE, INC's tug drifted away from the barrage causing Plaintiff DARRYL NOWAK to fall between the barge and the tug. ! 41, That as a result of the foregoing, the Plaintiff DARRYL NOWAK was injured. 42. That as a result of the foregoing, the Plaintiff DARRYL NOWAK was seriously and I permanently injured. 7 7 of 1G FILED: NEW YORK COUNTY CLERK 08/03/2018 %tM ~ M e v.&&a 05:02 .'vt e PM INDEX NO. 154000/2018 RZCEIVR5DRC~F' e W, 3YORK COUNTY ELERK .CXaZZ 05 (01/203.8 09 53 RECEIVjRJD1WSMF:12514ÚY MO2 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/03/2018 NESCEF DOC . NO. 1 RECEIVED NYSCEF: 05/01/201E $t d 43. This court has jurisdiction over this action pursuant to 28 U.S.C. § 1332(a)(2). a 's j 44. Venue is proper pursuant to 28 U.S.C. §l 39t(b)(2). '.J',;i AS AND FOR A FIRST CAUSE OF ACTION: NEGLIGENCE AND BREACH OF THE DUTIES IMPOSED BY THE GENERAL MARITIME LAW 45. Plaintiff repeats, reiterates and realleges each and every allegation set forth in the p(i "i" "44" paragraphs numbered through inclusive as if fully set forth at length herein. 46. Upon information and belief, at alltimes relevant, the defendant, SEA WOLF MARINE ?N / ) TRANSPORTATION, LLC .,owned, operated, maintained and/or controlled the vessel, deck, appurtenances, and premises where plaintiff was injured as alleged herein. 47. Upon information and belief, at alltimes relevant, the defendant, WITTICH BROTHERS MARTNE, INC, owned, operated, maintained and/or controlled the vessel, deck, appurtenances, and premises where plaintiff was injured as alleged herein. 48. By reason of the foregoing, the defendant, SEA WOLF MARINE TRANSPORTATION, LLC . ,their agents, servants, and employees', negligence, carelessness, and recklessness under New York Law and under the general maritime law, caused the plaintiff's aforementioned injuries and damage. 49. By reason of the foregoing, the defendant, WITTICH BROTHERS MARINE, INC, their f agents, servants, and employees', negligence, carelessness, and recklessness under New York Law f and under the general maritime law, caused the plaintiff s aforementioned injuries and damage. 50. Defendant, WITTICH BROTHERS MARINE, INC, and SEA WOLF MARINE e n TRANSPORTATION, LLC their agents, servants, and/or employees, were negligent careless, and reckless as follows: 8 8 of 16 FILED: @&4 NEW 4%WF~ A V4 %J'~ YORK COUNTY MM'VP. ~ 1 A 4CLERK M~MWW% 08/03/2018 .%tM 5 W W& W\ 05:02 ~ PM INDEX NO. 154000/2018 v4Fñ[rLR&: . RECEIVEEDMSSF:19fO NYSCEF DOC. NO.W11YORK 21 COUNTY CLERK 05/01/2018 R9 : 53 RECEIVED NYSCEF: V/220.) 08/03/2018 NYSCEF DOC NÖ. 1 RECEIVED : NYSCEF 05/01/2035 (a) In failing to properly and safely maintain the said premises, cables and barge, appurtenances, equipment which caused and contributed to plaintiff's injuries on and prior to the date of accident. (b) In failing to properly, reasonably, or adequately maintain the vessel and itsappurtenances so as to render itfitand safe for plaintiff. (c) In failing to adequately maintain, equip, replace and/or repair said vessel, cables, lines and equipment utilized in connection with said vessel. (d) In failing to properly clean or maintain the deck of said vessel (e) In failing to regularly or adequately inspect said vessel, inclusive the deck where plaintiff fell, cables, lines and equipment utilized in connection with subject vessel. (f) In failing to maintain said vessel in navigable waters in a seaworthy and reasonably safe condition. (g) In failing to properly train or equip plaintiff and other employees in the safe operation of said vessel and the equipment and appurtenances necessary to operate or secure said vessel in navigable waters. (h) In failing to have an adequate and trained crew. (i) In failing to maintain, control or provide a suitable, proper system of cables or other devices to secure said vessel. (j) In failing to provide safe mooring for said vessel. (k) In exposing the plaintiff to unreasonable risks of serious bodily injuries in the course of his work. (1) Such other acts of negligence as will be shown at the trialof this case. 9 9 of j6 FILED: ew~~ NEW YORK COUNTY CLERK1 4 .'W......Maa~a%4 08/03/2018 \t M a W \ M M'4p „M05:02 M ~, PM INDEX NO. 154000/2018 NYSCEF 4#at: DOC. NO. 21 KICUQÜNT2. CLERK 05 701/2018 09: .09 53 . AM) RECEIVEf RECEIVED 413FS W : 1008/03/2018 NYSCEF: MIL YSCEF DOC. NO. 1 RECEIVED 05/01/201: NYSCEF; (m)All of the forgoing with actual and constructive notice and knowledge of the dangerous, unsafe, and unseaworthy conditions abroad said vessel, itscables, equipment and appurtenances with respect to the subject vessel, and other similar vessels in use and operation at said location in the Hudson River. (n) In otherwise being negligent, careless, and reckless. 51. As a result of the foregoing, the plaintiff requests money damages in an amount which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION: COMMON LAW NEGLIGENCE AND BREACH OF STATUTORY DUTY OF CARE 52. The plaintiff repeats, reiterates and realleges each and every allegation set forth in the J f "I" "51" paragraphs numbered through inclusive as if fullyset forth at length herein. 53. Each and every defendant, their agents, servants and employees breached their common law and statutory duties of care owed to plaintiff herein in proximately causing plaintiffs bodily injuries and damages alleged herein by: (a) Failing or neglecting to inspect, own, operate, manage and/or control the said real property (situs of the said incident) and itsappurtenances, including aforesaid dock, cables, attachments and equipment utilized in connection with the aforesaid barges/vessel(s) in a good or acceptable condition of repair on and prior to the said - reasonably injury producing incident all with both actual and constructive notice and knowledge that the same were unreasonabiy dangerous and unsafe; and (b) Violated all applicable federal, state and local laws, statutes, ordinances, codes, rules and regulations; and 10 10 of 16 I FILED: NEW YORK COUNTY "V ~ A., W. CLERK V~ M4 08/03/2018 V' V M V ~ 0 M & A 'V M V 05:02~& 'V PM 4 INDEX NO. 154000/2018 COUNTY . pat/201 NYSCEF DOC. NO. 21 CLERK 05/01/2018 09.: 53 A RECEIVET[pl¶@fse RECEIVED NYSCEF: 155 08/03/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/201 (c) Were otherwise negligent, careless and reckless. 54. As a result of the foregoing, the plaintiff requests damages in an amount which money I exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION: AN ACTION FOR VESSEL NEGLIGENCE UNDER33 U.S.C §905(b) 55. The plaintiff repeats, reiterates and realleges each and every allegation set forth in the «)~I "1" "54" paragraphs numbered through inclusive iffully set forth at length herein. Defendant" 56, Such negligence included, without limitation, failure to: (1) properly inspect, maintain and repair the vessel before the accident; and (2) warn the longshore workers, including Plaintiff, of this hidden defect and dangerous condition of the vessel before the accident. 57. Defendant had actual or constructive notice of the dangerous condition and sufficient time prior to the accident and injury to have taken reasonable measures to protect the longshore and I' jI harbor workers, including Plaintiff, who were required to walk on a dangerous gangway or lack of gangway. 58. As a legal result of the negligence of Defendant, Plaintiff has suffered serious physical 1 j injuries, pain and suffering and emotional distress. 59. As a further legal result of the negligence of Defendant, Plaintiff has sustained and will continue to sustain damages, including and without limitation, general damages and special It t/ damages, including but not limited to, medical expenses, lost wages, benefits, and reduced earning capacity, all of which will be established at trialaccording to proof. 60. As a result of the foregoing, the plaintiff requests money damages in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 11 11 of 16 I FILED: NEW~e YORK 4 M4%&.s COUNTY MMas sew,, CLERK v ve aaa 08/03/2018 aaM a A a '%JM'4p MM 05:02~ Mat PM 44a INDEX NO. 154000/2018 v c5Ltr NYSCEF 9 DOC. »NEW21 YORK NO. COUNTY CLERK OS/01/2018 09: 53 AM| RECE1VBWWNYSCEF::168921//201 RECEIVED 08/03/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/201 AS AND FOR A FOURTH CAUSE OF ACTION: AN ACTION FOR VESSEL NEGLIGENCE UNDER33 U.S.C §933 61. The plaintiffrepeats , reiterates and realleges each and every allegation set forth in the "1" "58" paragraphs numbered through inclusive as if fully set forth at length herein. 62. Such negligence included, without limitation, SEA WOLF MARINE TRANSPORTATION, LLC's failure to: (1) properly inspect, maintain and repair the vessel before the accident; and (2) warn the longshore workers, including Plaintiff, of this hidden defect and dangerous condition of the vessel before the accident. 63. SEA WOLF MARINE TRANSPORTATION, LLC . had actual or constructive notice of the dangerous condition and sufficient time prior to the accident and injury to have taken reasonable measures to protect the longshore and harbor workers, including Plaintiff, who were required to walk on a dangerous gangway or lack of gangway. 64. As a legal result of the negligence of SEA WOLF MARINE TRANSPORTATION, I I u LLC.. Plaintiff has suffered serious physical injuries, pain and and emotional distress. suffering of' 65. As a further legal result of the negligence of SEA WOLF MARINE TRANSPORTATION, LLC ., Plaintiffhas sustained and will continue to sustain damages. including and without limitation, general damages and special damages, including but not limited to,medical expenses, lost wages, benefits, and reduced earning capacity, all of which will be established at trial according to proof. 66. Such negligence included, without limitation, WITTICH BROTHERS MARINE, INC's failure to: (1) properly inspect, maintain and repair the vessel before the accident; and (2) warn the longshore workers, including Plaintiff, of this hidden defect and dangerous condition of the vessel before the accident. 12 12 of 16 I FILED: Ju&sJ&&u&&Va&w\4\awVV'nAw'VWV&4&&akh NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018 ystBTEEDdDOC. NYSCEF 19NEW1YORK NO. 21 COUNTX .CLERK ++ARK 05 02,]2 018 09 t53 RECE IVEININEE RECEIVED GEE NYSCEF: : 08/03/2018 16102© / 2 01 AM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF- 05/01/201 67. WITTICH BROTHERS MARINE, INC had actual or constructive notice of the dangerous condition and sufficient time prior to the accident and injury to have taken reasonable measures to protect the longshore and harbor who wail. workers, including Plaintiff, were required to walk on a dangerous gangway or lack of gangway. 68. As a legal result of the negligence of WITTICH BROTHERS MARINE, INC, Plaintiff has suffered serious physical injuries, pain and suffering and emotional distress. 69. As a further legal result of the negligence of WITTICH BROTHERS MARINE, INC, Plaintiff has sustained and will continue to sustain damages, including and without limitation, general damages and special damages, including but not limited to, medical expenses, lost wages, ') benefits, and reduced earning capacity, allof which will be established at trial according to proof. 70. As a result of the foregoing, the plaintiff requests money damages in an amount which l exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 71. Said occurrence resulting injuries occurred without any fault or wrongdoing on the part I of the plaintiff contributing thereto. ff 72. reason of the DARRYL has been damaged in a sum, By foregoing, plaintiff, NOWAK, which exceeds the jurisdictional limits of alllower courts, which might otherwise have jurisdiction. WHEREFORE, plaintiff, D.ARRYL NOWAK demands judgment against the Defendants SEA WOLF MARINE TRANSPORTATION, LLC and WITTICH BR.OTHERS MARINE, TNC, in a sum that exceeds the jurisdiction of all other courts lower than the Supreme Court of the State of New York together with the costs disbursements interests of this action. Dated: New York, New York May 1, 2018 13 13 af 16 FILED: NEW as~t ~ YORK a & M ~ COUNTY V% 4 ~ w w CLERK MA4~4 W'4 08/03/2018 'V M ~ 05:02 PM INDEX NO. 154000/2018 Pg~lM.BKW NYSCEF DOC. NO. ZQRK 21 COUNTY CLERK 05 01 2018 09:53 AM RECEIVED NYSCEF: 08/03/2018 HYSCEF DOC. HO. l RECEIVED ÃYSCEF: OS/01/20'.8 Yours etc., NAPOLI SHKOLNIK PLLC Joseph Napoli, Esq. Attorneys for Plaintiff (s) 11'" 360 Lexington Avenue, Floor New York, New York 10017 212-397- ] 000 14 3.4 of 16 I 0'~ FILED: NEW~l e% YORK %V'%41+ COUNTY 4 CLERK %~&4\4'1 08/03/2018 V% N A A V&4 05:02 PM INDEX NO. 154000/2018 18È EP ·NEW ORK COUNTY CLERK 05/01/2 018 09: 53 AM bEE:54 NYSCEF DOC. NO. 21 RECEIVED RECEI NYSCEF: Ÿ 08/03/2018 {5937))51 NYSCEF DOC. NO. 1