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Exhibit A
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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, ifthe complaint is not served with this summons, to serve a notice of
appearance, 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 ifthis 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 for Plaintiff
d'acob L.fevii e
280'
475 P rk Avenue South, Floor
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
NERARNOLDWINSTON
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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 all times 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 (hereinafter
referred to as "328 LLC") was and is
still 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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(hereinafter referred to as "NYB BUILDERS") 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
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,
BACKGROUND FACTS RELEVANT TO ALL CAUSES OF ACTION
5. At alltimes hereinafter mentioned, Plaintiff was the titleowner of the premises
located at 326 21st Street, Brooklyn, New York (hereinafter referred to as the "subject
premises").
6. At all times hereinafter mentioned, Defendant 328 LLC was the titleowner of the
213t
premises located at 328 Street, Brooklyn, New York (hcrcinafter 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.
tNER.ARNOLDWINSTON
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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, its contractors, subcontractors, agents,
servants and/or employees caused and/or permitted extensive damages to be caused to the subject
premises.
1 l. 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, 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 soilconditions at the adjoining premises during the
course of construction, which condition was present and known; (4) improperly excavated the
INIIR ARNOLDWINSTON
3
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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 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 conforrnance with the Building, Administrative and/or
Fire codes of the City of New York.
12. At allrelevant times, Defendant 328 LLC, 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.
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, itscontractors, subcontractors, agents, servants and/or employees and without any fault or
want of care on the partof the plaintiff contributing thereto.
14. As a result of Defendant 328 LLC's negligence, Plaintiff has sustained damages in
RNERARNOLDWINSTON
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the sum of at least $650,000.00, with the precise amount to be detennined at the trial of this
action.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST DEFENDANT NYB BUIL_DEIIS
(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 BUILDERS 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.
17. 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 pennitted extensive damages 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, itscontractors, subcontractors, agents, servants and/or employees, in that
NERARNOLD-WINSTON 5
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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 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)
excavated the construction site at the adjoining premises, causing damage to the
improperly
subject premises, including the rear yard; (5) failed to exercise due care in the construction of the
building at theadjoining 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.
19. 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.
(NER·ARNOLD•WINSTON
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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 thisaction.
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.
NER-ARNOLD-WINSTON
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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, 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 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 ofNew York.
NERARNOLD WINSTON
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26. At allrelevant 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 faultor want
of care on the partof 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 deterrnined at the trialof 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.
RNa· ARNOw WINSFON
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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 trialof 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.
NERARNOLDWINSTON
10
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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 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.
35. On or about August 30, 2018, and thereafter, Defendants 328 LLC and/or NYB
BUILDERS and/or REGAL have engaged in a pattern of continuous and recurring objectionable
conduct which violated plaintiff's right to use and enjoy the subject premises,
36. The conduct of Defendants 328 LLC and/or NYB BUILDERS and/or REGAL
constitutes a nuisance.
37. As a result of the nuisance caused and created by Defendants 328 LLC and/or
NYB BUILDERS and/or REGAL, 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.
WHEREFORE, Plaintiff demands judgment: (1) on its First Cause of Action against
Defendant 328 LLC for negligence in the sum of at least $650,000.00, with the precise amount to
be determined at the trialof this action; (2) on itsSecond Cause of Action against Defendant
NYB BUILDERS for negligence, in the sum of at least $650,000.00, with the precise amount to
be determined at the trial of this action; (3) on its Third Cause of Action against Defendant
NER'ARNOLD.WINSTON
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REGAL for negligence, in the sum of at least $650,000.00, with the precise amount to be
determined at the trial of this action; (4) on itsFourth Cause of Action against Defendants 328
LLC and/or NYB BUILDERS and/or REGAL for trespass, in the sum of at least $650,000.00,
with the precise amount to be determined at the trialof this action; and (4) on itsFifth Cause of
Action against Defendants 328 LLC and/or NYB BUILDERS and/or REGAL for nuisance, in
the sum of at least $650,000.00, with the precise amount to be deterrained at the trial of this
action, with interest thereon from August 30, 2018, altogether with the costs and disbursements
of this action, including reasonable attorney's fees.
Dated: New York, New York
June 25, 2019
Yours, etc.
LERNER, ARNOLD & WINSTON, LLP
Attorneys for lainti
cob L. ine
28*
475 Pa Aven e South, Floor
New York, New York 10016
(212) 686-4655
(NERARNOLD-WINSTON
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
326 21st STREET LLC,
Plaintiff,
-against-
328 21 ST LLC, NYB BUILDERS INC., and
REGAL RECONSTRUCTION CORP
Defendants.
SUMMONS and COMPLAINT
Pursuantto 22 NYCRR 130-11, the muler alarw¿
an attorneyduly adnutted law
to practice m the State of New York,
certifies
upon
that, nu7n mutionand beliefbasedupon reasa,iâ|,|e the co::t::::ia,is
inquiry, contained m the annexeddocument are not
Jhvolous.
Dated: June 25. 20/ 9 Signature
PrintSigner'sName: Jacob L Levine
.._. _..___. ___..._
Service of a copy of the within ] ishereby admitted.
Dated:
.........................................................
Attorney(s) for
LERNER, ARNOLD & WINSTON, LLP
Attorneys for Plaintiff
2891
475 Park Avenue South, Floor
New York, New York 10016
(212) 686-4655
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...
Preview
FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/04/2019 Exhibit A FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 24 RECEIVEDINDEX NYSCEF: NO. 514069/2019 11/04/2019 FILED : KIbGS COUNTY CLERK 0 6¯/25/2019 0 4 :39 PM) NYSCEF DOC. NO 1 RECEIVED NYSCEF: 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, ifthe complaint is not served with this summons, to serve a notice of appearance, 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 ifthis 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 for Plaintiff d'acob L.fevii e 280' 475 P rk Avenue South, Floor 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 NERARNOLDWINSTON 1 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 24 RECEIVEDINDEX NO. NYSCEF: 514069/2019 11/04/2019 |FILED : KIN3S COUNTY CLERK 06/25/2019 04:39 PM| NYSCEF DOC. NO!. 1 RECEIVED NYSCEF: 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 all times 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 (hereinafter referred to as "328 LLC") was and is still 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 2 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 24 RECEIVEDINDEX NYSCEF: NO. 514069/2019 11/04/2019 |FILED ; KINGS COUNTY CLERK 06/25/2019 04:39 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25/2019 (hereinafter referred to as "NYB BUILDERS") 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 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, BACKGROUND FACTS RELEVANT TO ALL CAUSES OF ACTION 5. At alltimes hereinafter mentioned, Plaintiff was the titleowner of the premises located at 326 21st Street, Brooklyn, New York (hereinafter referred to as the "subject premises"). 6. At all times hereinafter mentioned, Defendant 328 LLC was the titleowner of the 213t premises located at 328 Street, Brooklyn, New York (hcrcinafter 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. tNER.ARNOLDWINSTON 3 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 24 RECEIVEDINDEX NYSCEF: NO. 514069/2019 11/04/2019 |FILED : KINGS COUNTY CLERK 06 /25/2019 04 : 39 PM| NYSCEF DOC. No. 1 RECEIVED NYSCEF: 06/25/2019 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, its contractors, subcontractors, agents, servants and/or employees caused and/or permitted extensive damages to be caused to the subject premises. 1 l. 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, 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 soilconditions at the adjoining premises during the course of construction, which condition was present and known; (4) improperly excavated the INIIR ARNOLDWINSTON 3 4 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 INDEX NO. 514069/2019 NYSCEF [FILED DOC. : NO. KIFeS 24 COUNTY CLERK 06/25/2019 04 : 39 PM| RECEIVED NYSCEF: 11/04/2019 NYSCEF DOC. NO 1 RECEIVED NYSCEF: 06/25/2019 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 conforrnance with the Building, Administrative and/or Fire codes of the City of New York. 12. At allrelevant times, Defendant 328 LLC, 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. 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, itscontractors, subcontractors, agents, servants and/or employees and without any fault or want of care on the partof the plaintiff contributing thereto. 14. As a result of Defendant 328 LLC's negligence, Plaintiff has sustained damages in RNERARNOLDWINSTON 5 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 24 RECEIVEDINDEX NYSCEF: NO. 514069/2019 11/04/2019 |FILED : KINGS COUNTY CLERK 06/25/2019 04:39 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25/2019 the sum of at least $650,000.00, with the precise amount to be detennined at the trial of this action. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT NYB BUIL_DEIIS (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 BUILDERS 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. 17. 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 pennitted extensive damages 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, itscontractors, subcontractors, agents, servants and/or employees, in that NERARNOLD-WINSTON 5 6 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 24 RECEIVEDINDEX NYSCEF: NO. 514069/2019 11/04/2019 FILED : KI)GS COUNTY CLERK 06/25/2019 04:39 PM) NYSCEF DOC. N0, 1 RECEIVED NYSCEF: 06/25/2019 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) excavated the construction site at the adjoining premises, causing damage to the improperly subject premises, including the rear yard; (5) failed to exercise due care in the construction of the building at theadjoining 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. 19. 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. (NER·ARNOLD•WINSTON 7 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 24 RECEIVEDINDEX NYSCEF: NO. 514069/2019 11/04/2019 (FILED : KINGS COUNTY CLERK 0672572019 04:39 PM| NYSCEF DOC. No. 1 RECEIVED NYSCEF: 06/25/2019 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 thisaction. 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. NER-ARNOLD-WINSTON 8 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 24 RECEIVEDINDEX NYSCEF: NO. 514069/2019 11/04/2019 [ËTLED : KIN3S COUNTY CLERK 06/25/2019 04:39 PM) NYSCEF DOC. NO, 1 RECEIVED NYSCEF: 06/2542019 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, 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 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 ofNew York. NERARNOLD WINSTON 9 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 24 RECEIVEDINDEX NYSCEF: NO. 514069/2019 11/04/2019 [FILED : KIliGS COUNTY CLERK 06/25/2019 04:39 PM1 NYSCEF DOC. N 1 RECEIVED NYSCEF: 06/25/2019 26. At allrelevant 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 faultor want of care on the partof 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 deterrnined at the trialof 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. RNa· ARNOw WINSFON 10 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 INDEX NO. 514069/2019 NYSCEF (FILED DOC. : NO. KIN(TS 24 COUNTY CLERK 06/25/2019 04: 39 PM RECEIVED NYSCEF: 11/04/2019 NYSCEF DOC. No, 1 RECEIVED NYSCEF: 06/25/2019 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 trialof 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. NERARNOLDWINSTON 10 11 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 NYSCEF DOC.KnGS NO. 24 RECEIVEDINDEX NYSCEF: NO. 514069/2019 11/04/2019 FILED COUNTY CLERK 0 6/2 5 / 2 019 0 4 :39 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25 /2019 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 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. 35. On or about August 30, 2018, and thereafter, Defendants 328 LLC and/or NYB BUILDERS and/or REGAL have engaged in a pattern of continuous and recurring objectionable conduct which violated plaintiff's right to use and enjoy the subject premises, 36. The conduct of Defendants 328 LLC and/or NYB BUILDERS and/or REGAL constitutes a nuisance. 37. As a result of the nuisance caused and created by Defendants 328 LLC and/or NYB BUILDERS and/or REGAL, 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. WHEREFORE, Plaintiff demands judgment: (1) on its First Cause of Action against Defendant 328 LLC for negligence in the sum of at least $650,000.00, with the precise amount to be determined at the trialof this action; (2) on itsSecond Cause of Action against Defendant NYB BUILDERS for negligence, in the sum of at least $650,000.00, with the precise amount to be determined at the trial of this action; (3) on its Third Cause of Action against Defendant NER'ARNOLD.WINSTON 12 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 MED NYSCEF DOC. : NO. KIN 24 2S COUNTY CLERK 06/25/2019 04:39 PM) INDEX NYSCEF: RECEIVED NO. 514069/2019 11/04/2019 NYSCEF DOC. No, 1 RECEIVED NYSCEF: 06/25/2019 REGAL for negligence, in the sum of at least $650,000.00, with the precise amount to be determined at the trial of this action; (4) on itsFourth Cause of Action against Defendants 328 LLC and/or NYB BUILDERS and/or REGAL for trespass, in the sum of at least $650,000.00, with the precise amount to be determined at the trialof this action; and (4) on itsFifth Cause of Action against Defendants 328 LLC and/or NYB BUILDERS and/or REGAL for nuisance, in the sum of at least $650,000.00, with the precise amount to be deterrained at the trial of this action, with interest thereon from August 30, 2018, altogether with the costs and disbursements of this action, including reasonable attorney's fees. Dated: New York, New York June 25, 2019 Yours, etc. LERNER, ARNOLD & WINSTON, LLP Attorneys for lainti cob L. ine 28* 475 Pa Aven e South, Floor New York, New York 10016 (212) 686-4655 (NERARNOLD-WINSTON 13 of 14 FILED: KINGS COUNTY CLERK 11/04/2019 04:20 PM INDEX NO. 514069/2019 INDEX NO. 514069/2019 NYSCEF F I LED DOC. : NO.G24 COUNTY CLERK. O 6 / 25 / 2 019 0 4 :39 PMJ RECEIVED NYSCEF: 11/04/2019 NYSCEF DOC. RECEIVED NYSCEF: 06 25/201 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS 326 21st STREET LLC, Plaintiff, -against- 328 21 ST LLC, NYB BUILDERS INC., and REGAL RECONSTRUCTION CORP Defendants. SUMMONS and COMPLAINT Pursuantto 22 NYCRR 130-11, the muler alarw¿ an attorneyduly adnutted law to practice m the State of New York, certifies upon that, nu7n mutionand beliefbasedupon reasa,iâ|,|e the co::t::::ia,is inquiry, contained m the annexeddocument are not Jhvolous. Dated: June 25. 20/ 9 Signature PrintSigner'sName: Jacob L Levine .._. _..___. ___..._ Service of a copy of the within ] ishereby admitted. Dated: ......................................................... Attorney(s) for LERNER, ARNOLD & WINSTON, LLP Attorneys for Plaintiff 2891 475 Park Avenue South, Floor New York, New York 10016 (212) 686-4655 14 of 14 ...