Preview
FILED: ROCKLAND COUNTY CLERK 10/03/2022 01:31 PM INDEX NO. 031858/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/03/2022
Exhibit C
FILED: ROCKLAND COUNTY CLERK 04/09/2021
10/03/2022 11:03
01:31 AM
PM INDEX NO. 031858/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
10/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
NATIONAL GENERAL INSURANCE COMPANY
As subrogee of JOSEPH SCHWARTZ
SUMMONS
Plaintiff(s),
Index No.
-against- Venue is based on the
parties residence.
MIDPOST CLEANING INC.
AND ABRAHAM SHIMMY FARKAS,
Defendant(s).
TO THE ABOVE NAMED DEFENDANT(S):
You are hereby summoned and required to appear in the Supreme Court of the
State of New York, County of Rockland, by serving an Answer to the annexed Complaint
upon Plaintiffs’ attorney at the address stated below, within the time provided by law as
noted below. In case of your failure to answer, judgment will be taken by default in the
amount of $116,324.90 with interest thereon, together with costs and disbursements of
this action.
Dated: April 9, 2021
New York, New York
RUSSELL G. MONACO, ESQ.
LAW OFFICES of RUSSELL G. MONACO, LLC
Attorney for Plaintiff(s)
National General Insurance Company
As Subrogee of Joseph Schwartz
118 North Bedford Road
Suite 100
Mount Kisco, New York 10549
Ph. (914) 918-3370
Monaco@subro-law.com
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FILED: ROCKLAND COUNTY CLERK 04/09/2021
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NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
10/03/2022
To:
Midpost Cleaning Inc.
28 First Avenue
Monroe, New York 10950
Abraham Shimmy Farkas
28 First Avenue
Monroe, New York 10950
NOTE: The law provides that: (a) If this summons is served by its delivery to you
personally with the County of Rockland you must appear and answer within TWENTY
(20) days after such service; or (b) If this summons is served by delivery to any person
other than you personally, or is served outside the County of Rockland, or by publication,
or by any means other than personal delivery to you within the County of Rockland, you
are allowed THIRTY (30) days after proof of service thereof is filed with the Clerk of the
Court within which to appear and answer.
** YOU NEED NOT PHYSICALLY APPEAR IN COURT TO SERVE AN ANSWER **
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FILED: ROCKLAND COUNTY CLERK 04/09/2021
10/03/2022 11:03
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PM INDEX NO. 031858/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
10/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
NATIONAL GENERAL INSURANCE COMPANY
As subrogee of JOSEPH SCHWARTZ VERIFIED
COMPLAINT
Plaintiff(s),
Index No.
-against-
MIDPOST CLEANING INC.
AND ABRAHAM SHIMMY FARKAS,
Defendant(s).
Plaintiffs, by their attorney, LAW OFFICE of RUSSELL G. MONACO, LLC., as and
for a Complaint, allege:
1. Plaintiff, National General Insurance Company, was and stillis an insurance
company authorized to sell insurance in the State of New York and has a place of
business in County of New York, State of New York.
2. Plaintiff’s subrogor, Joseph Schwartz, owned a house located at 21 Briarwood
Lane, Monsey, New York 10952 (the “Premises”) in County of Rockland, State of New
York.
3. National General Insurance Company is authorized by the Superintendent of
Insurance of the State of New York to underwrite property and casualty insurance within
New York State.
The Defendants
4. At all times hereinafter mentioned, defendant Midpost Cleaning, Inc., was
and stillis a Domestic Business Corporation, organized and existing under the laws of
the State of New York.
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34 RECEIVED NYSCEF: 04/09/2021
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5. At all times hereinafter mentioned, Abraham Shimmy Farkas was and still
is the President of Midpost Cleaning, Inc.
The Defendant’s Actions
6. Prior to September 13, 2020, defendants, and/or their agents, servants
and/or employees, were contracted to provide and install wrought iron railings at the
Premises.
7. On or about September 13, 2020, Defendants and/or their agents, servants
and/or employees, were installing wrought iron railings at the Premises.
8. On or about September 13, 2020, Defendants and/or their agents, servants
and/or employees, were grinding one of the wrought iron railings.
9. On or about September 13, 2020, while Defendants and/or their agents,
servants and/or employees, were grinding one of the wrought iron railings sparks from
the grinder lit the premise’s’ exposed wood causing a fire (the “Fire”).
10. As a result, the front exterior of the Premises caught on fire, damaging the
exterior and the sheathing of the Premises.
11. Furthermore, in order to gain access to the interior of the Premises, the fire
department needed to use forcible entry on a side door, and said door was left unusable.
12. Furthermore, water damage from an exterior fire suppression was caused
to the interior of the home.
13. The aforesaid negligent use of the grinder so close to the Premises caused,
inter alia, substantial heat and fire, water, cosmetic and other damage to the Premises.
The Insured’s Loss
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14. As a direct and proximate result of the Fire, the Premises sustained
substantial heat and fire, water, cosmetic and other damage, the fair and reasonable
value of which is $116,324.90 (the “Damage”).
15. On or about September 13, 2020, and prior thereto, there was in effect a
policy of insurance (the “Policy”) between National General Insurance Company and
National General Insurance Company’s Subrogor, Joseph Schwartz, insuring the
Premises.
16. Subsequent to the Fire, and pursuant to the subject Policy, National General
Insurance Company’s Subrogor, Joseph Schwartz, submitted a claim to National General
Insurance Company for reimbursement of the Damage sustained as a result of the Fire.
17. Pursuant to its obligation under the subject Policy, National General
Insurance Company reimbursed its insured, $116,324.90, for the Damage sustained to
National General Insurance Company’s Subrogor’s Premises as a result of the Incident.
18. By virtue of the aforesaid payments, and pursuant to contract, common law
and equity, including the terms of the subject insurance Policy, National General
Insurance Company became subrogated to the rights of National General Insurance
Company’s Subrogor, Joseph Schwartz, and has standing to maintain this suit in the
aggregate amount of $116,324.90 for the Damage sustained to National General
Insurance Company’s Subrogor’s Premises as a result of the Fire.
AS AND FOR A FIRST CAUSE OF ACTION
19. Plaintiff repeats, reiterates and realleges each and every allegation of the
complaint within paragraphs 1 through 18 with the same force and effect as ifalleged
herein.
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20. The Fire and associated damages to plaintiff’s subrogor’s Premises were
proximately caused by the carelessness, recklessness and negligence of the defendants
their agents, servants and/or employees, in the performance of the installation of the
wrought iron railings at the Premises by using the grinder too close in proximity to the
Premises.
21. Plaintiff will rely upon the doctrine of Respondeat Superior in the
prosecution of this action.
22. Plaintiff will rely upon the doctrine of Res Ipsa Loquitor in the prosecution of
this action.
23. By reason of the foregoing, Nationa lGeneral Insurance Company, through
MIC General Insurance Company’s subrogor, has been damaged in the sum of
$116,324.90.
AS AND FOR A SECOND CAUSE OF ACTION
24. Plaintiff repeats, reiterates and realleges each and every allegation of the
complaint within paragraphs 1 through 23 with the same force and effect as ifalleged
herein.
25. On or before September 13, 2020 Defendants entered into an agreement
with Plaintiff’s insured to install wrought iron railings at the Premises.
26. Among other provisions, Defendants agreed to perform said installation in
a good and workmanlike manner.
27. Upon information and belief, Defendant breached its obligations under the
agreement by failing to perform said renovations in a good and workmanlike manner.
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28. The aforementioned Fire and associated Damages were caused by
Defendants’ failure to perform the installation ithad agreed to perform in a good and
workmanlike manner
29. As a direct and proximate result of Defendant’s breach of its contractual
obligations to perform the renovations in a good and workmanlike manner, said Fire
caused severe and significant property damage to the Premises.
30. By reason of the foregoing, National General Insurance Company, through
National General Insurance Company’s subrogor, has been damaged in the sum of
$116,324.90.
WHEREFORE, Plaintiffs demand judgment against Defendants for the sum of
$116,324.90 with interest thereon together with costs, disbursements and such other and
further relief as to this Court may seem just and proper.
Dated: April 9, 2021
New York, New York
RUSSELL G. MONACO, ESQ.
LAW OFFICES of RUSSELL G. MONACO, LLC
Attorney for Plaintiff(s)
NATIONAL GENERAL INSURANCE COMPANY
As Subrogee of Joseph Schwartz
118 North Bedford Road
Suite 100
Mount Kisco, New York 10549
Ph. (914) 918-3370
Monaco@subro-law.com
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Preview
FILED: ROCKLAND COUNTY CLERK 10/03/2022 01:31 PM INDEX NO. 031858/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/03/2022 Exhibit C FILED: ROCKLAND COUNTY CLERK 04/09/2021 10/03/2022 11:03 01:31 AM PM INDEX NO. 031858/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 10/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND NATIONAL GENERAL INSURANCE COMPANY As subrogee of JOSEPH SCHWARTZ SUMMONS Plaintiff(s), Index No. -against- Venue is based on the parties residence. MIDPOST CLEANING INC. AND ABRAHAM SHIMMY FARKAS, Defendant(s). TO THE ABOVE NAMED DEFENDANT(S): You are hereby summoned and required to appear in the Supreme Court of the State of New York, County of Rockland, by serving an Answer to the annexed Complaint upon Plaintiffs’ attorney at the address stated below, within the time provided by law as noted below. In case of your failure to answer, judgment will be taken by default in the amount of $116,324.90 with interest thereon, together with costs and disbursements of this action. Dated: April 9, 2021 New York, New York RUSSELL G. MONACO, ESQ. LAW OFFICES of RUSSELL G. MONACO, LLC Attorney for Plaintiff(s) National General Insurance Company As Subrogee of Joseph Schwartz 118 North Bedford Road Suite 100 Mount Kisco, New York 10549 Ph. (914) 918-3370 Monaco@subro-law.com 1 of 7 FILED: ROCKLAND COUNTY CLERK 04/09/2021 10/03/2022 11:03 01:31 AM PM INDEX NO. 031858/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 10/03/2022 To: Midpost Cleaning Inc. 28 First Avenue Monroe, New York 10950 Abraham Shimmy Farkas 28 First Avenue Monroe, New York 10950 NOTE: The law provides that: (a) If this summons is served by its delivery to you personally with the County of Rockland you must appear and answer within TWENTY (20) days after such service; or (b) If this summons is served by delivery to any person other than you personally, or is served outside the County of Rockland, or by publication, or by any means other than personal delivery to you within the County of Rockland, you are allowed THIRTY (30) days after proof of service thereof is filed with the Clerk of the Court within which to appear and answer. ** YOU NEED NOT PHYSICALLY APPEAR IN COURT TO SERVE AN ANSWER ** 2 of 7 FILED: ROCKLAND COUNTY CLERK 04/09/2021 10/03/2022 11:03 01:31 AM PM INDEX NO. 031858/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 10/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND NATIONAL GENERAL INSURANCE COMPANY As subrogee of JOSEPH SCHWARTZ VERIFIED COMPLAINT Plaintiff(s), Index No. -against- MIDPOST CLEANING INC. AND ABRAHAM SHIMMY FARKAS, Defendant(s). Plaintiffs, by their attorney, LAW OFFICE of RUSSELL G. MONACO, LLC., as and for a Complaint, allege: 1. Plaintiff, National General Insurance Company, was and stillis an insurance company authorized to sell insurance in the State of New York and has a place of business in County of New York, State of New York. 2. Plaintiff’s subrogor, Joseph Schwartz, owned a house located at 21 Briarwood Lane, Monsey, New York 10952 (the “Premises”) in County of Rockland, State of New York. 3. National General Insurance Company is authorized by the Superintendent of Insurance of the State of New York to underwrite property and casualty insurance within New York State. The Defendants 4. At all times hereinafter mentioned, defendant Midpost Cleaning, Inc., was and stillis a Domestic Business Corporation, organized and existing under the laws of the State of New York. 3 of 7 FILED: ROCKLAND COUNTY CLERK 04/09/2021 10/03/2022 11:03 01:31 AM PM INDEX NO. 031858/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 10/03/2022 5. At all times hereinafter mentioned, Abraham Shimmy Farkas was and still is the President of Midpost Cleaning, Inc. The Defendant’s Actions 6. Prior to September 13, 2020, defendants, and/or their agents, servants and/or employees, were contracted to provide and install wrought iron railings at the Premises. 7. On or about September 13, 2020, Defendants and/or their agents, servants and/or employees, were installing wrought iron railings at the Premises. 8. On or about September 13, 2020, Defendants and/or their agents, servants and/or employees, were grinding one of the wrought iron railings. 9. On or about September 13, 2020, while Defendants and/or their agents, servants and/or employees, were grinding one of the wrought iron railings sparks from the grinder lit the premise’s’ exposed wood causing a fire (the “Fire”). 10. As a result, the front exterior of the Premises caught on fire, damaging the exterior and the sheathing of the Premises. 11. Furthermore, in order to gain access to the interior of the Premises, the fire department needed to use forcible entry on a side door, and said door was left unusable. 12. Furthermore, water damage from an exterior fire suppression was caused to the interior of the home. 13. The aforesaid negligent use of the grinder so close to the Premises caused, inter alia, substantial heat and fire, water, cosmetic and other damage to the Premises. The Insured’s Loss 4 of 7 FILED: ROCKLAND COUNTY CLERK 04/09/2021 10/03/2022 11:03 01:31 AM PM INDEX NO. 031858/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 10/03/2022 14. As a direct and proximate result of the Fire, the Premises sustained substantial heat and fire, water, cosmetic and other damage, the fair and reasonable value of which is $116,324.90 (the “Damage”). 15. On or about September 13, 2020, and prior thereto, there was in effect a policy of insurance (the “Policy”) between National General Insurance Company and National General Insurance Company’s Subrogor, Joseph Schwartz, insuring the Premises. 16. Subsequent to the Fire, and pursuant to the subject Policy, National General Insurance Company’s Subrogor, Joseph Schwartz, submitted a claim to National General Insurance Company for reimbursement of the Damage sustained as a result of the Fire. 17. Pursuant to its obligation under the subject Policy, National General Insurance Company reimbursed its insured, $116,324.90, for the Damage sustained to National General Insurance Company’s Subrogor’s Premises as a result of the Incident. 18. By virtue of the aforesaid payments, and pursuant to contract, common law and equity, including the terms of the subject insurance Policy, National General Insurance Company became subrogated to the rights of National General Insurance Company’s Subrogor, Joseph Schwartz, and has standing to maintain this suit in the aggregate amount of $116,324.90 for the Damage sustained to National General Insurance Company’s Subrogor’s Premises as a result of the Fire. AS AND FOR A FIRST CAUSE OF ACTION 19. Plaintiff repeats, reiterates and realleges each and every allegation of the complaint within paragraphs 1 through 18 with the same force and effect as ifalleged herein. 5 of 7 FILED: ROCKLAND COUNTY CLERK 04/09/2021 10/03/2022 11:03 01:31 AM PM INDEX NO. 031858/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 10/03/2022 20. The Fire and associated damages to plaintiff’s subrogor’s Premises were proximately caused by the carelessness, recklessness and negligence of the defendants their agents, servants and/or employees, in the performance of the installation of the wrought iron railings at the Premises by using the grinder too close in proximity to the Premises. 21. Plaintiff will rely upon the doctrine of Respondeat Superior in the prosecution of this action. 22. Plaintiff will rely upon the doctrine of Res Ipsa Loquitor in the prosecution of this action. 23. By reason of the foregoing, Nationa lGeneral Insurance Company, through MIC General Insurance Company’s subrogor, has been damaged in the sum of $116,324.90. AS AND FOR A SECOND CAUSE OF ACTION 24. Plaintiff repeats, reiterates and realleges each and every allegation of the complaint within paragraphs 1 through 23 with the same force and effect as ifalleged herein. 25. On or before September 13, 2020 Defendants entered into an agreement with Plaintiff’s insured to install wrought iron railings at the Premises. 26. Among other provisions, Defendants agreed to perform said installation in a good and workmanlike manner. 27. Upon information and belief, Defendant breached its obligations under the agreement by failing to perform said renovations in a good and workmanlike manner. 6 of 7 FILED: ROCKLAND COUNTY CLERK 04/09/2021 10/03/2022 11:03 01:31 AM PM INDEX NO. 031858/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 10/03/2022 28. The aforementioned Fire and associated Damages were caused by Defendants’ failure to perform the installation ithad agreed to perform in a good and workmanlike manner 29. As a direct and proximate result of Defendant’s breach of its contractual obligations to perform the renovations in a good and workmanlike manner, said Fire caused severe and significant property damage to the Premises. 30. By reason of the foregoing, National General Insurance Company, through National General Insurance Company’s subrogor, has been damaged in the sum of $116,324.90. WHEREFORE, Plaintiffs demand judgment against Defendants for the sum of $116,324.90 with interest thereon together with costs, disbursements and such other and further relief as to this Court may seem just and proper. Dated: April 9, 2021 New York, New York RUSSELL G. MONACO, ESQ. LAW OFFICES of RUSSELL G. MONACO, LLC Attorney for Plaintiff(s) NATIONAL GENERAL INSURANCE COMPANY As Subrogee of Joseph Schwartz 118 North Bedford Road Suite 100 Mount Kisco, New York 10549 Ph. (914) 918-3370 Monaco@subro-law.com 7 of 7