On March 09, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Kalween Rodriguez,
and
Metropolitan Realty Management, Inc.,
Metropolitan Realty & Management Ny Inc,
Tov Management Corp.,
Tov Property Management Corp.,
for Torts - Other Negligence (Premises)
in the District Court of Kings County.
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FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------------X
KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
STATEMENT OF
-against- MATERIAL FACTS
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN REALTY &
MANAGEMENT NY INC.,
Defendants.
-------------------------------------------------------------------------X
Defendants, TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP.
and METROPOLITAN REALTY & MANAGEMENT NY INC., by their attorneys, McCauley
Law Firm, PLLC, as and for their Statement of Material Facts pursuant to Rule 202.8-g(a) of the
Uniform Court Rules, state, upon information and belief, as follows:
1. Plaintiff, Kalween Rodriguez, is seeking recovery for injuries he allegedly
sustained on September 20, 2019, at the premises located at 233 Jamaica Avenue, Brooklyn, New
York 11207 (“the property”). See Exhibit “A” (Summons and Complaint).
2. The property was owned by the defendant, TOV MANAGEMENT CORP. and
managed by the defendant, TOV PROPERTY MANAGEMENT CORP. See Exhibits “C” and
“D” (Affidavits of Gedalia David Altman and Motty Neiman).
3. Defendant, METROPOLITAN REALTY & MANAGEMENT NY INC.
(“Metropolitan”) was the property manager for the subject premises from August 1, 2004 to
October 31, 2014, and had no connection with the subject property on the date of the plaintiff’s
alleged accident. See Exhibit “C” (Affidavit of Gedalia David Altman).
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FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/10/2022
4. The plaintiff worked as a full-time, live-in superintendent at the property on the
date of his alleged accident. See Exhibit “C” and “D” (Affidavits of Gedalia David Altman and
Motty Neiman).
5. On or about August 23, 2021, the plaintiff filed a claim for workers’ compensation
benefits under a workers’ compensation policy maintained by County Agency, Inc., a Professional
Employer Organization (“PEO”), which was hired by TOV MANAGEMENT CORP. in 2016 to
perform solely administrative services (including payroll and procurement of workers’
compensation policy) for TOV MANAGEMENT CORP.’s work site employees. See Exhibit
“C” (Affidavit of Gedalia David Altman).
6. Plaintiff currently has an active Workers’ Compensation claim under Case #G310
1442. A copy his attorneys’ representation letter to the Workers’ Compensation Board and the
plaintiff’s Employee Claim C-3 is annexed hereto as See Exhibit “I”.
Dated: White Plains, New York
August 10, 2022
McCAULEY LAW FIRM, PLLC
By: Todd M. McCauley
Todd M. McCauley, Esq.
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FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/10/2022
CERTIFICATION OF WORD COUNT
I, TODD M. MCCAULEY, an attorney duly admitted to practice law before the courts of
the State of New York, hereby certify that this STATEMENT OF MATERIAL FACTS contains
301 words and therefore complies with the word count limit set forth in Section 202.8-b of the
Uniform Civil Rules for The Supreme Court & The County Court (22 NYCRR 202.8-b), excluding
those parts of the affirmation exempted by rule.
This certificate was prepared in reliance on the word-count function of the word-processing
system used to prepare the document (Microsoft Word).
Dated: August 10, 2022
White Plains, New York
Todd M. McCauley
___________________________________
Todd M. McCauley
3 of 3
Document Filed Date
August 10, 2022
Case Filing Date
March 09, 2022
Category
Torts - Other Negligence (Premises)
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FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, STATEMENT OF -against- MATERIAL FACTS TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -------------------------------------------------------------------------X Defendants, TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP. and METROPOLITAN REALTY & MANAGEMENT NY INC., by their attorneys, McCauley Law Firm, PLLC, as and for their Statement of Material Facts pursuant to Rule 202.8-g(a) of the Uniform Court Rules, state, upon information and belief, as follows: 1. Plaintiff, Kalween Rodriguez, is seeking recovery for injuries he allegedly sustained on September 20, 2019, at the premises located at 233 Jamaica Avenue, Brooklyn, New York 11207 (“the property”). See Exhibit “A” (Summons and Complaint). 2. The property was owned by the defendant, TOV MANAGEMENT CORP. and managed by the defendant, TOV PROPERTY MANAGEMENT CORP. See Exhibits “C” and “D” (Affidavits of Gedalia David Altman and Motty Neiman). 3. Defendant, METROPOLITAN REALTY & MANAGEMENT NY INC. (“Metropolitan”) was the property manager for the subject premises from August 1, 2004 to October 31, 2014, and had no connection with the subject property on the date of the plaintiff’s alleged accident. See Exhibit “C” (Affidavit of Gedalia David Altman). 1 of 3 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/10/2022 4. The plaintiff worked as a full-time, live-in superintendent at the property on the date of his alleged accident. See Exhibit “C” and “D” (Affidavits of Gedalia David Altman and Motty Neiman). 5. On or about August 23, 2021, the plaintiff filed a claim for workers’ compensation benefits under a workers’ compensation policy maintained by County Agency, Inc., a Professional Employer Organization (“PEO”), which was hired by TOV MANAGEMENT CORP. in 2016 to perform solely administrative services (including payroll and procurement of workers’ compensation policy) for TOV MANAGEMENT CORP.’s work site employees. See Exhibit “C” (Affidavit of Gedalia David Altman). 6. Plaintiff currently has an active Workers’ Compensation claim under Case #G310 1442. A copy his attorneys’ representation letter to the Workers’ Compensation Board and the plaintiff’s Employee Claim C-3 is annexed hereto as See Exhibit “I”. Dated: White Plains, New York August 10, 2022 McCAULEY LAW FIRM, PLLC By: Todd M. McCauley Todd M. McCauley, Esq. 2 of 3 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/10/2022 CERTIFICATION OF WORD COUNT I, TODD M. MCCAULEY, an attorney duly admitted to practice law before the courts of the State of New York, hereby certify that this STATEMENT OF MATERIAL FACTS contains 301 words and therefore complies with the word count limit set forth in Section 202.8-b of the Uniform Civil Rules for The Supreme Court & The County Court (22 NYCRR 202.8-b), excluding those parts of the affirmation exempted by rule. This certificate was prepared in reliance on the word-count function of the word-processing system used to prepare the document (Microsoft Word). Dated: August 10, 2022 White Plains, New York Todd M. McCauley ___________________________________ Todd M. McCauley 3 of 3