Preview
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019
Exhibit CC
FILED::
(FILED NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 04/08/2019
0 6/10 /2015 05:32
02 : 31 PM INDEX
INDEX NO.
NO. 453205/2015
152547/2015
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 11
185 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/08/2019
06/10/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ALTERRA AMERICA INSURANCE COMPANY, Index No.: 152547/2015
Plaintiff, THIRD-PARTY SUMMONS
- against -
CREATIVE CHRISTMAS, INC., d/b/a CREATIVE
CHRISTMAS DISPLAYS/DECORATORS and
UNITED PARCEL SERVICE GENERAL SERVICES
CO., d/b/a/ UPS, and UNITED PARCEL SERVICE,
INC., d/b/a UPS, and ROBERT KREITZER, JR.,
Defendants.
UNITED PARCEL SERVICE, INC. and ROBERT
KREITZER, JR.,
Third-Party Plaintiffs,
- against -
ALTITUDE EQUIPMENT RENTALS, LLC and
LINCOLN SQUARE CONDOMINIUM,
Third-Party Defendants.
To the above-named Third-Party Defendants:
Plaintiffs'
You are hereby summoned and required to serve upon Third-Party attorneys an
answer to the annexed third-party complaint, which is herewith served upon you together with all
prior pleadings in this action, within twenty days after their service upon you, exclusive of the
day of service, or within thirty days after service is complete if service is made by any method
other than personal delivery to you within the State of New York. In case of your failure to
answer, judgment will be taken against you by default for the relief demanded in the third-party
complaint.
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Dated: White Plains, New York
June 10, 2015
ANSA ASSUNCAO, LLP
Attorneys for Third-Party Plai.z@ United
Parcel Service, Inc. and Robert Kreitzer, Jr.
By:
Thomas O. O'Connor
707 Westchester Avenue, Suite 309
White Plains, New York 10604
(914) 298-2260
TO: Altitude Equipment Rentals, LLC
c/o New York Secretary
of State
New York Department of State
One Commerce Plaza
99 Washington Avenue
Albany, New York 12231
Condomi÷-
Lincoln Square
c/o Minennium Partners Management Corporation
Min--
n/k/a := Partners Managcmcat I, Inc.
111 West 67th Street
New York, New York 11377
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ALTERRA AMERICA INSURANCE COMPANY, Index No.: 152547/2015
Plaintiff,
VERIFIED THIRD-PARTY
- against -
COMPLAINT
CREATIVE CHRISTMAS, INC., d/b/a CREATIVE
CHRISTMAS DISPLAYS/DECORATORS and
UNITED PARCEL SERVICE GENERAL SERVICES
CO., d/b/a/ UPS, and UNITED PARCEL SERVICE,
INC., d/b/a UPS, and ROBERT KREITZER, JR.,
Defendants.
UNITED PARCEL SERVICE, INC. and ROBERT
KREITZER, JR.,
Third-Party Plaintiffs,
- against -
ALTITUDE EQUIPMENT RENTALS, LLC and
LINCOLN SQUARE CONDOMINIUM,
Third-Party Defendants.
Third-Party Plaintiffs United Parcel Service, Inc. ("UPS") and Robert Kreitzer, Jr.
("Kreitzer"), by their attorneys, Ansa Assuncao, LLP, as and for their Verified Third-Party
Complaint against Third-Party Defendants Altitude Equipment Rentals, LLC ("Altitude") and
Lincoln Square Condominium ("Lincoln Square"), state and allege, upon information and belief,
as follows:
THE PARTIES
1. UPS is a corporation formed under the laws of the State of Ohio, with a principal
place of business in Atlanta, Georgia.
2. Kreitzer is an individual who resides in the Commonwealth of Pennsylvania.
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3. At all relevant times hereinafter mentioned, Altitude was and still is a domestic
limited liability company, authorized to do business in the State of New York, and which
transacts business in the State of New York.
4. At all relevant times hereinafter mentioned, Lincoln Square was and stillis a
condominium created pursuant to Article 9-B of the Real Property Law of the State of New
York.
5. At all relevant times hereinafter mentioned, Lincoln Square regularly transacted,
conducted and solicited business within the State of New York.
6. At all relevant times hereinafter mentioned, Lincoln Square derived substantial
revenue from services and/or sales rendered from and/or within the State of New York.
THE UNDERLYING ACTION
7. On or about March 16, 2015, the plaintiff in the underlying action, Alterra
America Insurance Company ("Plaintiff"), filed a Summons and Complaint (the "Complaint")
against Creative Christmas Inc. d/b/a Creative Christmas Displays/Decorators ("Creative
Christmas"), United Parcel Service General Services Co. d/b/a UPS, United Parcel Service, Inc.
d/b/a UPS, and Robert Kreitzer, Jr., alleging damages resulting from an accident ("Accident")
that occurred near the intersection of Columbus Avenue and West 68th Street in New York, New
York (the "Location") on November 5, 2013. (A copy of the Complaint is annexed hereto as
Exhibit A.)
FACTS
8. Lincoln Square owns, manages and/or controls the building known as 1992
Broadway, New York, New York, with an entrance located at 111 West 67th Street, New York,
New York (the "Building").
2
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9. The Building encompasses the entire block from Broadway to Columbus Avenue
and West 67th Street to West 68th Street in New York, New York.
10. Lincoln Square entered into a contract with Creative Christmas to have Christmas
lights affixed to the trees in front of the Building on and around the Location.
11. In said contract, Lincoln Square agreed to provide the location for Creative
Christmas and/or its agents to park a construction boom liftduring the installation and removal
of the lights.
12. Lincoln Square was responsible for training the agents and/or employees of
Creative Christmas on how to perform the contracted work and for providing them with proper
equipment on November 5, 2013.
13. Lincoln Square had a duty to provide a safe workplace to Creative Christmas's
workers on November 5, 2013.
14. Altitude owned a telescopic boom lift(the "Boom Lift").
15. Pursuant to contract, Altitude leased the Boom Lift to Creative Christmas for the
period in or around November 1, 2013 through November 8, 2013 (the "Rental Period").
16. Altitude was responsible for delivering the Boom Lift in a condition fit for safe
operation.
17. Altitude was responsible for providing a copy of the Boom Lift manufacturer's
operator's manual.
18. Altitude was responsible for offering suitable, adequate and model-specific
training regarding the safe operation of the Boom Lift to individual(s) designated by Creative
Christmas.
3
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19. Altitude was responsible for ensuring that the Boom Lift would only be operated
by individuals who were properly experienced and trained in itssafe operation.
20. Altitude supplied the Boom Lift and related equipment used by Creative
Christmas for the benefit of Lincoln Square.
21. Altitude delivered the Boom Lift to the Location.
22. Creative Christmas used the Boom Lift to affix Christmas lights to the trees on
and around the Location during the Rental Period pursuant to a contract for work between
Lincoln Square and Creative Christmas.
23. On November 5, 2013, Cristian Baquedano ("Baquedano") and Henry Esteban
Salinas Cerrato ("Salinas"), employees of Creative Christmas, were using the Boom Lift to affix
Christmas lights to the trees at the Location.
24. At approximately 1:27 a.m. on November 5, 2013, Baquedano and Salinas were
situated on or about the Boom Lift's bucket.
25. The Boom Lift was positioned so that its bucket was located in the trees above the
rightmost travel lane of Columbus Avenue, in the path of traffic and out of the view of motorists.
26. Columbus Avenue between West 67th Street and West 68th Street is a one-way
public thoroughfare that runs north to south.
27. At 1:27 a.m. on November Krietzer was a tractor-
approximately 5, 2013, driving
trailer with two semi-trailers (the "UPS Vehicle") in the rightmost travel lane of Columbus
Avenue.
28. As a result of the Boom Lift's bucket being positioned in the path of traffic, the
bucket was struck by the top of the UPS Vehicle.
4
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29. The impact allegedly caused Baquedano and Salinas to be ejected and fall to the
sidewalk and street below.
30. The impact caused significant damage to the UPS Vehicle.
31. During all relevant times, Altitude failed to offer or provide proper training and
instruction to Creative Christmas, its agents and/or employees, including Baquedano and Salinas,
in the safe operation of the Boom Lift; failed to ensure that the Boom Lift would be operated by
agents or employees of Creative Christmas who were adequately experienced and trained in its
safe operation; negligently entrusted the Boom Lift and related equipment to Creative Christmas
and/or its agents or employees; and failed to comply with various industry standards, including
the American National Standards Institute (A92) and the American Rental Association.
32. During all relevant times, Lincoln Square failed to provide a safe workplace.
33. Altitude and Lincoln Square are liable for damages pursuant to common law and
various statutes, including, but not limited to, Vehicle and Traffic Law § 388 and Labor Law
§ 200, respectively.
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF UPS
34. Third-Party Plaintiffs repeat, reiterate and reallege each and every allegation as
stated above with the same force and effect as if fully set forth at length herein.
35. As a result of Altitude and/or Lincoln Square's negligence, wrongful conduct,
and/or omissions, the UPS Vehicle was damaged in an amount exceeding $100,000.
36. UPS is financially responsible for the cost of such damage to the UPS Vehicle.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF THIRD-PARTY PLAINTIFFS
37. Third-Party Plaintiffs repeat, reiterate and reallege each and every allegation as
stated above with the same force and effect as if fully set forth at length herein.
5
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38. If the allegations of the Complaint be established and Plaintiff's damages were
caused other than by Salinas's negligence, Plaintiff's damages arose out of or resulted from the
acts, omissions, negligence, culpable or wrongful conduct, failure to offer or provide proper
training and instruction Creative Christmas, its agents and/or employees, including Baquedano
and Salinas, in the safe operation of the Boom Lift, failure to ensure that the Boom Lift would be
operated by agents or employees of Creative Christmas who were adequately experienced and
trained in the safe operation of the Boom Lift, negligently entrusting the Boom Lift and related
equipment to Creative Christmas and/or its agents or employees, failure to provide a safe
workplace, and/or statutory violations of Altitude and Lincoln Square and their respective agents,
servants and/or employees, and not through any conduct of Third-Party Plaintiffs.
39. Altitude and Lincoln Square are liable for damages arising from the negligent
operation of the Boom Lift and/or for failing to provide a safe workplace pursuant to common
law and various statutes, including, but not limited to, Vehicle and Traffic Law § 388 and Labor
Law § 200, respectively.
40. If Third-Party Plaintiffs are held liable for any or all of the damages alleged to
have been sustained by Plaintiff, which liability is expressly denied, Third-Party Plaintiffs are
entitled to recover from Altitude and Lincoln Square, under the doctrines of apportionment and
contribution, the full amount of any recovery, judgment or verdict, or a proportionate share
thereof, including costs and disbursements, together with the expenses incurred thereon,
attorneys'
including fees.
6
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WHEREFORE, Third-Party Plaintiff United Parcel Service, Inc. de-ssds judgmcñt
against Altitude and Lincoln Square for the First Cause of Action for an amount in excess of
$100,000, together with interest; and Third-Party Plaintiffs demand judgrrait against Altitude
and Lincoln Square for the Second Cause of Action for apportionment and contribution for the
full amount of any recovery, judpcñt or verdict, or a proportionate share thereof, which shall or
may be recovered against or incurred by Third-Party Plaintiffs, together with costs,
attorneys'
disbursements, expenses, fees, and such other, further and different relief which this
Court deems just and proper under the circumstances.
Dated: White Plains, New York
June 10, 2015
ANSA ASSUNCAO, LLP
Attorneys for Third-Party Plaint:fs United
Parcel Service, Inc. and Robert Kreitzer, Jr.
By:
Thomas O. O'Connor
707 Westchestec Suite 309
Avenue,
White Plains, New York 10604
(914) 298-2260
7
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NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ALTERRA AMERICA INSURANCE COMPANY,
Index No.: 152547/2015
Plaintiff,
- against -
CREATIVE CHRISTMAS, INC., d/b/a CREATIVE VERIFICATION
CHRISTMAS DISPLAYS/DECORATORS and
UNITED PARCEL SERVICE GENERAL SERVICES
CO., d/b/a/ UPS, and UNITED PARCEL SERVICE,
INC., d/b/a UPS, and ROBERT KREITZER, JR.,
Defendants.
UNITED PARCEL SERVICE, INC. and ROBERT
KREITZER, JR.,
Third-Party Plaintiffs,
- against -
ALTITUDE EQUIPMENT RENTALS, LLC,
Third-Party Defendants.
The undersigned affirms the truth of the following sta±cments to be true under penalties
of perjury pursuant to Rule 2106 of the Civil Practice Law and Rules.
1. He is a member of the law firm Ansa Assimcan, LLP, counsel for Third-Party
Plaintiffs United Parcel Service, Inc. and Robert Kreitzer, Jr.
2. He has read the foregoing Third-Party Complaint and knows the contents thereof,
and that the same is true to the knowledge of deponent except as to the matters therein alleged
upon informatian and belief and as to those matters he belicies them to be true.
3. The reason this affirmation is being made by deponent and not by Third-Party
Plaintiffs is that they do not reside in the county in which deponent's finn mai=tains itsoffices.
4. The source of deponent's information and the grounds of his belief as to all the
matters therein are reports from and ccr±cations had with Third-Party Plaintiffs.
Dated: White Plains, New York
June 10, 2015
Thomas O. O'Connor
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ALTERRA AMERICA INSURANCE.COMPANY,
Plaintiff/Petitioner,
- against - Index No. 152547/2015
CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS
DISPLAYS/DECORATORS and UNITED PARCEL SERVICE GENERAL
SERVICES CO., d/b/a UPS, and UNITED PARCEL SERVICE, INC.,
d/b/a UPS, and ROBERT A. KREITZER, JR.,
Defendant/Respondent.
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the
accempanying documents with the County Clerk, issubject tomandatory electronicfilingpursuant toSection 202.5-bb
of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that
Section.
The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filingof
documents with the County Clerk and the court and for the electronic service of those documents, court documents,
and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a
claimed exemption (see below) as requiredby Section 202.5-bb(e) must immediately record theirrepresentation within
the e-filedmatter on the Consent page in NYSCEF. Failure to do so may result in an inabilityto receive electronic
notice of document filings.
Exemptions from mandatory e-filing arelimited to:1) attorneys who certify in good faiththat they lack the
computer equipment and (along with allemployees) therequisite knowledge tocomply; and 2) self-represented parties
who choose notto participatein e-filing.For additional information about electroñic filing,
including access toSection
consult the NYSCEF website atwww.nycourts.gov/efile or contact the NYSCEF Resource Center at646-
202.5-bb,
386-3033 or efile@courts.state.ny.us.
Dated: 03/16/15
(Signature) 7 Penn Plaza. Suite 420 (Address)
. 370 Seventh Avenue
Chnstopher A. Wong, Esq.
New York, New York 10001
(Name)
Bruce Somerstein & Associates,P.C.
(212) 268-1188
(Firm Name) (Phone)
cwong@bsapc.com .
(E-Mai0
To: United Parcel Service
Inc.clo Corporation
Service Company
80 State Street
Albany, NY 12207
4/8/l 1
. .
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 185 '
RECEIVED NYSCEF: 04/08/2019
LED NEW YORK COUNTY INDEX NO. 152547/2015
(FŽ : CLERK 03 /16/ 2 015 12 : 15 PM)
NYSCEF DOC. NO. 1 . . RECEIVED NYSCEF: 03/16/2Ô15
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY NEW YORK Index No.: /5
------------------------- --------------------------------------X Date of Filing:3/6If
ALTERRA AMERICA INSURANCE COMPANY,
SUMMONS
Plaintiff,
Basis of Venue:
- against - Location of Loss
CREATIVE CHRISTMAS, INC., d/b/a CREATIVE Plaintiff's Address:
CHRISTMAS DISPLAYS/DECORATORS and 9020 Stony Point Parkway
UNITED PARCEL SERVICE GENERAL SERVICES Suite 325
CO d/b/a UPS. an UNITED PARCEL SERVICE, INC., Richmond, VA 23235
d/b/a UPS, and and ROBERT A. KREITZER, JR.,
Defendants.
______________________________________ ______.......______..-----X
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to servea
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiffs Attorney(s) within 20 days after the service ofthis summons, exclusive
of the day of service (or within 30 days after the service is complete if this summons is not
personally delivered to you within the State of New York); and in case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the complaint.
Dated: New York, New York
March 16, 2015 BRUCE SOMERSTElN & ASSOCIATES, P.C.
Attorneys fo laintiff
ChristopWr A ong, E q.
Seven Penn Plaza -Suite -0
New York, New York 1ß001
(212) 268-i 188
File No.: 15014
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Defendants'
Addresses;
Creative Christmas, Inc.
5322 Avenue N
Brooklyn, New York 11234
United Parcel Service General Services Co.
c/o Co1poration Service Company
80 State Street
Albany, New York 12207-2543
Umted Parcel Service, Inc.
c/o Corporation Service Company
80 State Street
New York 12207-
Ibany,
Robert A. Kreitzer, Jr.
5619 River Road, Apt. 2
Harrisburg, Pennsylvania 17110
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.: f 7
-----.....---.._.._ _-....--.....-----L. __..----..-X
ALTERRA AMERICA INSURANCE COMPANY, COMPLAINT
Plaintiff,
- against -
CREATIVE CHRISTMAS, 1NC., d/b/a CREATIVE
CHRISTMAS DISPLAYS/DECORATORS and
UNITED PARCEL SERVICE GENERAL SERVICES
CO., d/b/a UPS, and UNITED PARCEL SERVICE, INC.,
d/b/a UPS, and ROBERT A. KREITZER, JR.,
Defendants
..,_ ______ -
-------------------------------- __.- _____ --X
Plaintiff ALTERRA AMERICA INSURANCE COMPANY, by its attorneys, BRUCE
SOMERSTEIN & ASSOCIATES, P.C., complaiñing of the defendants, alleges the following upon
inforrnation and belief:
PARTIES
1. Plaintiff ALTERRA AMERICA INSURANCE COMPANY is a foreign corporation duly
authorized to engage in the business of insurance in the State of New York and has place of
business at 9020 Stony Point Parkway, Suite 325, Richmond, Virginia.
2. Defendant CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS
DISPLAY/DECORATORS, is and at all times hereinafter mentioned a corporation
authorized to do business in the State of New York with a place of business in Brooklyn,
New York.
3. Defendant UNITED PARCEL SERVICE GENERAL SERVICES CO., d/b/a UPS, isand at
alltimes hereafter mentioned a foreign corporation authorized to do business in the State of
New York with a place of business in New York, New York.
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4. Defendant UNITED PARCEL SERVICE, INC., d/b/a UPS, is and at alltimes hereinafter
mentioned a foreign corporation authorized to do business in the State of New York with a
place of business in New York, New York.
.
5. Defêñdañt ROBERT A. KREITZER, JR., is and alltimes hereinafter mentioned a natural
person residing at 5619 River Road, Apt. 2, Harrisburg, Pennsylvania 17110.
FACTS
6. At all times relevant hereto, PLATINUM MAINTENANCE SERVICES CORP., d/b/a
ALTITUDE EQUIPMENTRENTALS, LLC, owned a Model 660 SJ Telescopic Boom Lift.
7. Prior toNovember 5, 2013, and atalltimes relevanthereto, plaintiff ALTERRA AMERICA
INSURANCE COMPANY issued a commercial policy of insurance to PLATINUM
MAINTENANCE SERVICES CORP., d/b/a ALTITUDE EQUIPMENT RENTALS, LLC,
which insured the Model 660 SJ Telescopic Boom Lift from various designated perils,
including collision.
8. Prior to November 5, 2013, PLATINUM MAINTENANCE SERVICES CORP., d/b/a
ALTITUDE EQUIPMENT RENTALS, LLC, contracted to rent to defendant CREATIVE
CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS DISPLAY/DECORATORS, the
aforementioned Model 660 SJ Telescopic Boom Lift for good and valuable consideration.
9. Prior to November 5, 2013, PLATINUM MAINTENANCE SERVICES CORP., d/b/a
ALTITUDE EQUIPMENT RENTALS, LLC, delivered the Model 660 SJ Telescopic Boom
Lift to defendant CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS
DISPLAY/DECORATORS.
10. On or about November 5, 2013, the aforementioned Model 660 SJ Telescopic Boom Lift
67*
was located at Columbia Avenue at ornear West Street and was in the care,custody and
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control of defendant CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS
DISPLAY/DECORATORS.
11. On or about November 5, 2013, a 2012 International Tractor Trailer bearing Pennsylvania
license plate number AG13858 was leased to defendant UNITED PARCEL SERVICE
GENERAL SERVICES CO., d/b/a UPS.
12. On or about November 5, 2013, a 2012 International Tractor Trailer bearing Pennsylvania
license plate number AG13858 was leased to defendantUNITED PARCEL SERVICE, INC.,
d/b/a UPS.
13. On or about November 5, 2013, defendâüt ROBERT A. KREITZER, JR., was an employee
of defendant UNITED PARCEL SERVICE GENERAL SERVICES CO., d/b/a UPS.
14. On or about November 5, 2013, defendant ROBERT A. KREITZER, JR., was an employee
of defendant UNITED PARCEL SERVICE, INC., d/b/a UPS.
-
15. On or about November 5, 2013, defendant ROBERT A. KREITZER, JR., operated and
controlled the aforementioned 2012 International Tractor Trailer bearing Pennsylvania
license plate number AG13858.
16. On or aboutNovember 5, 2013, the 2012 International Tractor Trailer bearing Pennsylvania
license plate number AG13858 came into evatact with Model 660 SJ Telescopic Boom Lift.
17. As a result of this contact, Model 660 SJ Telescopic Boom liftwas damaged and was
declared a total loss.
18. As a result of this loss of the Model 660 SJ Telescopic Boom Lift, plaintiff ALTERRA
AMERICA 1NSURANCE COMPANY paid a net claim amount of $80,166.00 under its
policy of insuranceto PLATINUM MAINTENANCE SERVICES CORP., d/b/a ALTITUDE
EQUIPMENT RENTALS, LLC.
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AS AND FOR A FIRST CAUSE OF ACTION
19. Defendant CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS
DISPLAY/DECORATORS, was negligent in that itfailed to use reasonable care while the
Model 660 SJ Telescopic Boom Lift was in itscare, c
Preview
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 Exhibit CC FILED:: (FILED NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 04/08/2019 0 6/10 /2015 05:32 02 : 31 PM INDEX INDEX NO. NO. 453205/2015 152547/2015 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 11 185 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/08/2019 06/10/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALTERRA AMERICA INSURANCE COMPANY, Index No.: 152547/2015 Plaintiff, THIRD-PARTY SUMMONS - against - CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS DISPLAYS/DECORATORS and UNITED PARCEL SERVICE GENERAL SERVICES CO., d/b/a/ UPS, and UNITED PARCEL SERVICE, INC., d/b/a UPS, and ROBERT KREITZER, JR., Defendants. UNITED PARCEL SERVICE, INC. and ROBERT KREITZER, JR., Third-Party Plaintiffs, - against - ALTITUDE EQUIPMENT RENTALS, LLC and LINCOLN SQUARE CONDOMINIUM, Third-Party Defendants. To the above-named Third-Party Defendants: Plaintiffs' You are hereby summoned and required to serve upon Third-Party attorneys an answer to the annexed third-party complaint, which is herewith served upon you together with all prior pleadings in this action, within twenty days after their service upon you, exclusive of the day of service, or within thirty days after service is complete if service is made by any method other than personal delivery to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the third-party complaint. FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 Dated: White Plains, New York June 10, 2015 ANSA ASSUNCAO, LLP Attorneys for Third-Party Plai.z@ United Parcel Service, Inc. and Robert Kreitzer, Jr. By: Thomas O. O'Connor 707 Westchester Avenue, Suite 309 White Plains, New York 10604 (914) 298-2260 TO: Altitude Equipment Rentals, LLC c/o New York Secretary of State New York Department of State One Commerce Plaza 99 Washington Avenue Albany, New York 12231 Condomi÷- Lincoln Square c/o Minennium Partners Management Corporation Min-- n/k/a := Partners Managcmcat I, Inc. 111 West 67th Street New York, New York 11377 FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALTERRA AMERICA INSURANCE COMPANY, Index No.: 152547/2015 Plaintiff, VERIFIED THIRD-PARTY - against - COMPLAINT CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS DISPLAYS/DECORATORS and UNITED PARCEL SERVICE GENERAL SERVICES CO., d/b/a/ UPS, and UNITED PARCEL SERVICE, INC., d/b/a UPS, and ROBERT KREITZER, JR., Defendants. UNITED PARCEL SERVICE, INC. and ROBERT KREITZER, JR., Third-Party Plaintiffs, - against - ALTITUDE EQUIPMENT RENTALS, LLC and LINCOLN SQUARE CONDOMINIUM, Third-Party Defendants. Third-Party Plaintiffs United Parcel Service, Inc. ("UPS") and Robert Kreitzer, Jr. ("Kreitzer"), by their attorneys, Ansa Assuncao, LLP, as and for their Verified Third-Party Complaint against Third-Party Defendants Altitude Equipment Rentals, LLC ("Altitude") and Lincoln Square Condominium ("Lincoln Square"), state and allege, upon information and belief, as follows: THE PARTIES 1. UPS is a corporation formed under the laws of the State of Ohio, with a principal place of business in Atlanta, Georgia. 2. Kreitzer is an individual who resides in the Commonwealth of Pennsylvania. FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 3. At all relevant times hereinafter mentioned, Altitude was and still is a domestic limited liability company, authorized to do business in the State of New York, and which transacts business in the State of New York. 4. At all relevant times hereinafter mentioned, Lincoln Square was and stillis a condominium created pursuant to Article 9-B of the Real Property Law of the State of New York. 5. At all relevant times hereinafter mentioned, Lincoln Square regularly transacted, conducted and solicited business within the State of New York. 6. At all relevant times hereinafter mentioned, Lincoln Square derived substantial revenue from services and/or sales rendered from and/or within the State of New York. THE UNDERLYING ACTION 7. On or about March 16, 2015, the plaintiff in the underlying action, Alterra America Insurance Company ("Plaintiff"), filed a Summons and Complaint (the "Complaint") against Creative Christmas Inc. d/b/a Creative Christmas Displays/Decorators ("Creative Christmas"), United Parcel Service General Services Co. d/b/a UPS, United Parcel Service, Inc. d/b/a UPS, and Robert Kreitzer, Jr., alleging damages resulting from an accident ("Accident") that occurred near the intersection of Columbus Avenue and West 68th Street in New York, New York (the "Location") on November 5, 2013. (A copy of the Complaint is annexed hereto as Exhibit A.) FACTS 8. Lincoln Square owns, manages and/or controls the building known as 1992 Broadway, New York, New York, with an entrance located at 111 West 67th Street, New York, New York (the "Building"). 2 FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 9. The Building encompasses the entire block from Broadway to Columbus Avenue and West 67th Street to West 68th Street in New York, New York. 10. Lincoln Square entered into a contract with Creative Christmas to have Christmas lights affixed to the trees in front of the Building on and around the Location. 11. In said contract, Lincoln Square agreed to provide the location for Creative Christmas and/or its agents to park a construction boom liftduring the installation and removal of the lights. 12. Lincoln Square was responsible for training the agents and/or employees of Creative Christmas on how to perform the contracted work and for providing them with proper equipment on November 5, 2013. 13. Lincoln Square had a duty to provide a safe workplace to Creative Christmas's workers on November 5, 2013. 14. Altitude owned a telescopic boom lift(the "Boom Lift"). 15. Pursuant to contract, Altitude leased the Boom Lift to Creative Christmas for the period in or around November 1, 2013 through November 8, 2013 (the "Rental Period"). 16. Altitude was responsible for delivering the Boom Lift in a condition fit for safe operation. 17. Altitude was responsible for providing a copy of the Boom Lift manufacturer's operator's manual. 18. Altitude was responsible for offering suitable, adequate and model-specific training regarding the safe operation of the Boom Lift to individual(s) designated by Creative Christmas. 3 FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 19. Altitude was responsible for ensuring that the Boom Lift would only be operated by individuals who were properly experienced and trained in itssafe operation. 20. Altitude supplied the Boom Lift and related equipment used by Creative Christmas for the benefit of Lincoln Square. 21. Altitude delivered the Boom Lift to the Location. 22. Creative Christmas used the Boom Lift to affix Christmas lights to the trees on and around the Location during the Rental Period pursuant to a contract for work between Lincoln Square and Creative Christmas. 23. On November 5, 2013, Cristian Baquedano ("Baquedano") and Henry Esteban Salinas Cerrato ("Salinas"), employees of Creative Christmas, were using the Boom Lift to affix Christmas lights to the trees at the Location. 24. At approximately 1:27 a.m. on November 5, 2013, Baquedano and Salinas were situated on or about the Boom Lift's bucket. 25. The Boom Lift was positioned so that its bucket was located in the trees above the rightmost travel lane of Columbus Avenue, in the path of traffic and out of the view of motorists. 26. Columbus Avenue between West 67th Street and West 68th Street is a one-way public thoroughfare that runs north to south. 27. At 1:27 a.m. on November Krietzer was a tractor- approximately 5, 2013, driving trailer with two semi-trailers (the "UPS Vehicle") in the rightmost travel lane of Columbus Avenue. 28. As a result of the Boom Lift's bucket being positioned in the path of traffic, the bucket was struck by the top of the UPS Vehicle. 4 FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 29. The impact allegedly caused Baquedano and Salinas to be ejected and fall to the sidewalk and street below. 30. The impact caused significant damage to the UPS Vehicle. 31. During all relevant times, Altitude failed to offer or provide proper training and instruction to Creative Christmas, its agents and/or employees, including Baquedano and Salinas, in the safe operation of the Boom Lift; failed to ensure that the Boom Lift would be operated by agents or employees of Creative Christmas who were adequately experienced and trained in its safe operation; negligently entrusted the Boom Lift and related equipment to Creative Christmas and/or its agents or employees; and failed to comply with various industry standards, including the American National Standards Institute (A92) and the American Rental Association. 32. During all relevant times, Lincoln Square failed to provide a safe workplace. 33. Altitude and Lincoln Square are liable for damages pursuant to common law and various statutes, including, but not limited to, Vehicle and Traffic Law § 388 and Labor Law § 200, respectively. AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF UPS 34. Third-Party Plaintiffs repeat, reiterate and reallege each and every allegation as stated above with the same force and effect as if fully set forth at length herein. 35. As a result of Altitude and/or Lincoln Square's negligence, wrongful conduct, and/or omissions, the UPS Vehicle was damaged in an amount exceeding $100,000. 36. UPS is financially responsible for the cost of such damage to the UPS Vehicle. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF THIRD-PARTY PLAINTIFFS 37. Third-Party Plaintiffs repeat, reiterate and reallege each and every allegation as stated above with the same force and effect as if fully set forth at length herein. 5 FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 38. If the allegations of the Complaint be established and Plaintiff's damages were caused other than by Salinas's negligence, Plaintiff's damages arose out of or resulted from the acts, omissions, negligence, culpable or wrongful conduct, failure to offer or provide proper training and instruction Creative Christmas, its agents and/or employees, including Baquedano and Salinas, in the safe operation of the Boom Lift, failure to ensure that the Boom Lift would be operated by agents or employees of Creative Christmas who were adequately experienced and trained in the safe operation of the Boom Lift, negligently entrusting the Boom Lift and related equipment to Creative Christmas and/or its agents or employees, failure to provide a safe workplace, and/or statutory violations of Altitude and Lincoln Square and their respective agents, servants and/or employees, and not through any conduct of Third-Party Plaintiffs. 39. Altitude and Lincoln Square are liable for damages arising from the negligent operation of the Boom Lift and/or for failing to provide a safe workplace pursuant to common law and various statutes, including, but not limited to, Vehicle and Traffic Law § 388 and Labor Law § 200, respectively. 40. If Third-Party Plaintiffs are held liable for any or all of the damages alleged to have been sustained by Plaintiff, which liability is expressly denied, Third-Party Plaintiffs are entitled to recover from Altitude and Lincoln Square, under the doctrines of apportionment and contribution, the full amount of any recovery, judgment or verdict, or a proportionate share thereof, including costs and disbursements, together with the expenses incurred thereon, attorneys' including fees. 6 FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 WHEREFORE, Third-Party Plaintiff United Parcel Service, Inc. de-ssds judgmcñt against Altitude and Lincoln Square for the First Cause of Action for an amount in excess of $100,000, together with interest; and Third-Party Plaintiffs demand judgrrait against Altitude and Lincoln Square for the Second Cause of Action for apportionment and contribution for the full amount of any recovery, judpcñt or verdict, or a proportionate share thereof, which shall or may be recovered against or incurred by Third-Party Plaintiffs, together with costs, attorneys' disbursements, expenses, fees, and such other, further and different relief which this Court deems just and proper under the circumstances. Dated: White Plains, New York June 10, 2015 ANSA ASSUNCAO, LLP Attorneys for Third-Party Plaint:fs United Parcel Service, Inc. and Robert Kreitzer, Jr. By: Thomas O. O'Connor 707 Westchestec Suite 309 Avenue, White Plains, New York 10604 (914) 298-2260 7 FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALTERRA AMERICA INSURANCE COMPANY, Index No.: 152547/2015 Plaintiff, - against - CREATIVE CHRISTMAS, INC., d/b/a CREATIVE VERIFICATION CHRISTMAS DISPLAYS/DECORATORS and UNITED PARCEL SERVICE GENERAL SERVICES CO., d/b/a/ UPS, and UNITED PARCEL SERVICE, INC., d/b/a UPS, and ROBERT KREITZER, JR., Defendants. UNITED PARCEL SERVICE, INC. and ROBERT KREITZER, JR., Third-Party Plaintiffs, - against - ALTITUDE EQUIPMENT RENTALS, LLC, Third-Party Defendants. The undersigned affirms the truth of the following sta±cments to be true under penalties of perjury pursuant to Rule 2106 of the Civil Practice Law and Rules. 1. He is a member of the law firm Ansa Assimcan, LLP, counsel for Third-Party Plaintiffs United Parcel Service, Inc. and Robert Kreitzer, Jr. 2. He has read the foregoing Third-Party Complaint and knows the contents thereof, and that the same is true to the knowledge of deponent except as to the matters therein alleged upon informatian and belief and as to those matters he belicies them to be true. 3. The reason this affirmation is being made by deponent and not by Third-Party Plaintiffs is that they do not reside in the county in which deponent's finn mai=tains itsoffices. 4. The source of deponent's information and the grounds of his belief as to all the matters therein are reports from and ccr±cations had with Third-Party Plaintiffs. Dated: White Plains, New York June 10, 2015 Thomas O. O'Connor FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALTERRA AMERICA INSURANCE.COMPANY, Plaintiff/Petitioner, - against - Index No. 152547/2015 CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS DISPLAYS/DECORATORS and UNITED PARCEL SERVICE GENERAL SERVICES CO., d/b/a UPS, and UNITED PARCEL SERVICE, INC., d/b/a UPS, and ROBERT A. KREITZER, JR., Defendant/Respondent. NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accempanying documents with the County Clerk, issubject tomandatory electronicfilingpursuant toSection 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filingof documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as requiredby Section 202.5-bb(e) must immediately record theirrepresentation within the e-filedmatter on the Consent page in NYSCEF. Failure to do so may result in an inabilityto receive electronic notice of document filings. Exemptions from mandatory e-filing arelimited to:1) attorneys who certify in good faiththat they lack the computer equipment and (along with allemployees) therequisite knowledge tocomply; and 2) self-represented parties who choose notto participatein e-filing.For additional information about electroñic filing, including access toSection consult the NYSCEF website atwww.nycourts.gov/efile or contact the NYSCEF Resource Center at646- 202.5-bb, 386-3033 or efile@courts.state.ny.us. Dated: 03/16/15 (Signature) 7 Penn Plaza. Suite 420 (Address) . 370 Seventh Avenue Chnstopher A. Wong, Esq. New York, New York 10001 (Name) Bruce Somerstein & Associates,P.C. (212) 268-1188 (Firm Name) (Phone) cwong@bsapc.com . (E-Mai0 To: United Parcel Service Inc.clo Corporation Service Company 80 State Street Albany, NY 12207 4/8/l 1 . . FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 ' RECEIVED NYSCEF: 04/08/2019 LED NEW YORK COUNTY INDEX NO. 152547/2015 (FŽ : CLERK 03 /16/ 2 015 12 : 15 PM) NYSCEF DOC. NO. 1 . . RECEIVED NYSCEF: 03/16/2Ô15 SUPREME COURT OF THE STATE OF NEW YORK COUNTY NEW YORK Index No.: /5 ------------------------- --------------------------------------X Date of Filing:3/6If ALTERRA AMERICA INSURANCE COMPANY, SUMMONS Plaintiff, Basis of Venue: - against - Location of Loss CREATIVE CHRISTMAS, INC., d/b/a CREATIVE Plaintiff's Address: CHRISTMAS DISPLAYS/DECORATORS and 9020 Stony Point Parkway UNITED PARCEL SERVICE GENERAL SERVICES Suite 325 CO d/b/a UPS. an UNITED PARCEL SERVICE, INC., Richmond, VA 23235 d/b/a UPS, and and ROBERT A. KREITZER, JR., Defendants. ______________________________________ ______.......______..-----X To the above named Defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to servea copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the service ofthis summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York March 16, 2015 BRUCE SOMERSTElN & ASSOCIATES, P.C. Attorneys fo laintiff ChristopWr A ong, E q. Seven Penn Plaza -Suite -0 New York, New York 1ß001 (212) 268-i 188 File No.: 15014 FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 Defendants' Addresses; Creative Christmas, Inc. 5322 Avenue N Brooklyn, New York 11234 United Parcel Service General Services Co. c/o Co1poration Service Company 80 State Street Albany, New York 12207-2543 Umted Parcel Service, Inc. c/o Corporation Service Company 80 State Street New York 12207- Ibany, Robert A. Kreitzer, Jr. 5619 River Road, Apt. 2 Harrisburg, Pennsylvania 17110 FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: f 7 -----.....---.._.._ _-....--.....-----L. __..----..-X ALTERRA AMERICA INSURANCE COMPANY, COMPLAINT Plaintiff, - against - CREATIVE CHRISTMAS, 1NC., d/b/a CREATIVE CHRISTMAS DISPLAYS/DECORATORS and UNITED PARCEL SERVICE GENERAL SERVICES CO., d/b/a UPS, and UNITED PARCEL SERVICE, INC., d/b/a UPS, and ROBERT A. KREITZER, JR., Defendants ..,_ ______ - -------------------------------- __.- _____ --X Plaintiff ALTERRA AMERICA INSURANCE COMPANY, by its attorneys, BRUCE SOMERSTEIN & ASSOCIATES, P.C., complaiñing of the defendants, alleges the following upon inforrnation and belief: PARTIES 1. Plaintiff ALTERRA AMERICA INSURANCE COMPANY is a foreign corporation duly authorized to engage in the business of insurance in the State of New York and has place of business at 9020 Stony Point Parkway, Suite 325, Richmond, Virginia. 2. Defendant CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS DISPLAY/DECORATORS, is and at all times hereinafter mentioned a corporation authorized to do business in the State of New York with a place of business in Brooklyn, New York. 3. Defendant UNITED PARCEL SERVICE GENERAL SERVICES CO., d/b/a UPS, isand at alltimes hereafter mentioned a foreign corporation authorized to do business in the State of New York with a place of business in New York, New York. FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 4. Defendant UNITED PARCEL SERVICE, INC., d/b/a UPS, is and at alltimes hereinafter mentioned a foreign corporation authorized to do business in the State of New York with a place of business in New York, New York. . 5. Defêñdañt ROBERT A. KREITZER, JR., is and alltimes hereinafter mentioned a natural person residing at 5619 River Road, Apt. 2, Harrisburg, Pennsylvania 17110. FACTS 6. At all times relevant hereto, PLATINUM MAINTENANCE SERVICES CORP., d/b/a ALTITUDE EQUIPMENTRENTALS, LLC, owned a Model 660 SJ Telescopic Boom Lift. 7. Prior toNovember 5, 2013, and atalltimes relevanthereto, plaintiff ALTERRA AMERICA INSURANCE COMPANY issued a commercial policy of insurance to PLATINUM MAINTENANCE SERVICES CORP., d/b/a ALTITUDE EQUIPMENT RENTALS, LLC, which insured the Model 660 SJ Telescopic Boom Lift from various designated perils, including collision. 8. Prior to November 5, 2013, PLATINUM MAINTENANCE SERVICES CORP., d/b/a ALTITUDE EQUIPMENT RENTALS, LLC, contracted to rent to defendant CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS DISPLAY/DECORATORS, the aforementioned Model 660 SJ Telescopic Boom Lift for good and valuable consideration. 9. Prior to November 5, 2013, PLATINUM MAINTENANCE SERVICES CORP., d/b/a ALTITUDE EQUIPMENT RENTALS, LLC, delivered the Model 660 SJ Telescopic Boom Lift to defendant CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS DISPLAY/DECORATORS. 10. On or about November 5, 2013, the aforementioned Model 660 SJ Telescopic Boom Lift 67* was located at Columbia Avenue at ornear West Street and was in the care,custody and FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 control of defendant CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS DISPLAY/DECORATORS. 11. On or about November 5, 2013, a 2012 International Tractor Trailer bearing Pennsylvania license plate number AG13858 was leased to defendant UNITED PARCEL SERVICE GENERAL SERVICES CO., d/b/a UPS. 12. On or about November 5, 2013, a 2012 International Tractor Trailer bearing Pennsylvania license plate number AG13858 was leased to defendantUNITED PARCEL SERVICE, INC., d/b/a UPS. 13. On or about November 5, 2013, defendâüt ROBERT A. KREITZER, JR., was an employee of defendant UNITED PARCEL SERVICE GENERAL SERVICES CO., d/b/a UPS. 14. On or about November 5, 2013, defendant ROBERT A. KREITZER, JR., was an employee of defendant UNITED PARCEL SERVICE, INC., d/b/a UPS. - 15. On or about November 5, 2013, defendant ROBERT A. KREITZER, JR., operated and controlled the aforementioned 2012 International Tractor Trailer bearing Pennsylvania license plate number AG13858. 16. On or aboutNovember 5, 2013, the 2012 International Tractor Trailer bearing Pennsylvania license plate number AG13858 came into evatact with Model 660 SJ Telescopic Boom Lift. 17. As a result of this contact, Model 660 SJ Telescopic Boom liftwas damaged and was declared a total loss. 18. As a result of this loss of the Model 660 SJ Telescopic Boom Lift, plaintiff ALTERRA AMERICA 1NSURANCE COMPANY paid a net claim amount of $80,166.00 under its policy of insuranceto PLATINUM MAINTENANCE SERVICES CORP., d/b/a ALTITUDE EQUIPMENT RENTALS, LLC. FILED: NEW YORK COUNTY CLERK 04/08/2019 05:32 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/08/2019 AS AND FOR A FIRST CAUSE OF ACTION 19. Defendant CREATIVE CHRISTMAS, INC., d/b/a CREATIVE CHRISTMAS DISPLAY/DECORATORS, was negligent in that itfailed to use reasonable care while the Model 660 SJ Telescopic Boom Lift was in itscare, c