Preview
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/10/2022
EXHIBIT D
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ Index No.: 506931/2022
Plaintiff,
AFFIDAVIT OF
-against- MOTTY NEIMAN
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN REALTY &
MANAGEMENT NY INC.,
Defendants.
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STATE OF NEW YORK )
) ss.:
COUNTY OF ROCKLAND )
MOTTY NEIMAN, declares and affirms under penalty of perjury that the contents of this
affidavit are true and correct.
1. I am the President of TOV PROPERTY MANAGEMENT CORP.
2. This affidavit is submitted in support of the motion by the defendants, TOV
MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP. and METROPOLITAN
REALTY & MANAGEMENT NY INC. to dismiss the plaintiff’s Complaint against them.
3. The plaintiff claims that he sustained personal injuries in the course of his
employment as a superintendent at 233 Jamaica Avenue, Brooklyn, New York 11207 on
September 20, 2019.
4. TOV PROPERTY MANAGEMENT CORP. is a property management
corporation that was formed solely to manage the property at 233 Jamaica Avenue, Brooklyn,
New York 11207(“the property”), which is owned by TOV MANAGEMENT CORP. TOV
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/10/2022
MANAGEMENT CORP. hired TOV PROPERTY MANAGEMENT CORP. to manage the
Agreement"
property pursuant to a "Property Management which became effective on February
Agreement"
1, 2016. A copy of the "Property Management is annexed to the instant motion.
5. TOV PROPERTY MANAGEMENT CORP. shares office space with TOV
MANAGEMENT CORP. at 25 Robert Pitt Drive, Monsey, NY 10952. TOV PROPERTY
MANAGEMENT CORP.'s secretary, Gitty Koenig, handles the financials, bills and payments
for both TŒV PROPERTY MANAGEMENT CORP. and TOV MANAGEMENT CORP. Both
TOV PROPERTY MANAGEMENT CORP. and TOV MANAGEMENT CORP. work together
closely to handle all details concerning the property and employees at the property. They both
interview candidates for the position of superintendent at the subject property, hire and fire
building superintendents and set their wages and hours.
6. In 2016, TOV PROPERTY MANAGEMENT CORP. placed advertisements for a
full-time position of superintendent at 233 Jamaica Avenue, Brooklyn, New York 11207. Both
Mr. Altman, who is the Vice President of TOV MANAGEMENT CORP., and I interviewed
candidates for the position. In September of 2016, we hired the plaintiff to be a full-time, live-in
superintendent at the property.
7. TOV PROPERTY MANAGEMENT CORP. supervised, directed and controlled
the plaintiff's day-to-day work at the property. TOV PROPERTY MANAGEMENT CORP.
reported directly to TOV MANAGEMENT CORP. regarding the plaintiff's work. Both TOV
PROPERTY MANAGEMENT CORP. and TOV MANAGEMENT CORP. had the authority to
terminate the plaintiff's employment.
8. On October 12, 2021, Mr. Altman of TOV MANAGEMENT CORP. and I
terminated the plaintiff's employment. On October 23, 2021, the plaintiff signed a "Discharge or
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/10/2022
Complaint" "employer," Workers'
Discrimination against his TOV MANAGEMENT, with the
Compensation Board. In the signed Complaint, he wrote, "Motty Neiman and David (last
me..."
name unknown) were the managers who fired Mr. Altman's middle name is "David",
"David"
and he was called by the plaintiff. A copy of the plaintiff s "Discharge or
Complaint"
Discrimination is annexed to the instant motion.
workers'
9. In addition, in or about August of 2021, the plaintiff filed a claim for
compensation benefits for the injuries which he allegedly sustained approximately two years
attorneys'
earlier at the property on September 20, 2019. A copy his representation letter to the
Workers'
Compensation Board and the plaintiff s Employee Claim C-3 are annexed to the
instant motion.
Workers'
10. The New York State Compensation Board ("WCB") held a hearing on
February 8, 2022 regarding the plaintiff's claim. Following the hearing, the WCB issued a
employer"
decision that County Agency, Inc. was the plaintiff s "proper on the date of his
alleged accident.
11. County Agency3 Inc. is a professional employer organization ("PEO") which
workers'
provides administrative services, including payment of wages and the procurement of
compensation coverage, for worksite employees of TOV MANAGEMENT CORP., which
included Kalween Rodgriguez, prior to his termination as a superintendent at the property.
workers'
12. County Agency, Inc. maintains a compensation policy issued by Oriska
Insurance Company which was in effect on the date of the plaintiff's alleged accident. County
workers'
Agency, Inc. submitted the plaintiff s claim for compensation benefits to Oriska
Insurance Company.
13. The plaintiff s WCB claim is active under Case #G310 1442.
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/10/2022
By:
MOTTY NEIMAN
On the day of J in the year 2022, before me, the undersigned, personally
appeared MOTTY NEIMAN p sonally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
Notary Public
No 02/AC67 12977
Quglinedn New York County
commission Expires July 19, 20
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 13 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 AFFIDAVIT OF MOTTY NEIMAN contains
661 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
Preview
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/10/2022 EXHIBIT D FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ Index No.: 506931/2022 Plaintiff, AFFIDAVIT OF -against- MOTTY NEIMAN TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF ROCKLAND ) MOTTY NEIMAN, declares and affirms under penalty of perjury that the contents of this affidavit are true and correct. 1. I am the President of TOV PROPERTY MANAGEMENT CORP. 2. This affidavit is submitted in support of the motion by the defendants, TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP. and METROPOLITAN REALTY & MANAGEMENT NY INC. to dismiss the plaintiff’s Complaint against them. 3. The plaintiff claims that he sustained personal injuries in the course of his employment as a superintendent at 233 Jamaica Avenue, Brooklyn, New York 11207 on September 20, 2019. 4. TOV PROPERTY MANAGEMENT CORP. is a property management corporation that was formed solely to manage the property at 233 Jamaica Avenue, Brooklyn, New York 11207(“the property”), which is owned by TOV MANAGEMENT CORP. TOV FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/10/2022 MANAGEMENT CORP. hired TOV PROPERTY MANAGEMENT CORP. to manage the Agreement" property pursuant to a "Property Management which became effective on February Agreement" 1, 2016. A copy of the "Property Management is annexed to the instant motion. 5. TOV PROPERTY MANAGEMENT CORP. shares office space with TOV MANAGEMENT CORP. at 25 Robert Pitt Drive, Monsey, NY 10952. TOV PROPERTY MANAGEMENT CORP.'s secretary, Gitty Koenig, handles the financials, bills and payments for both TŒV PROPERTY MANAGEMENT CORP. and TOV MANAGEMENT CORP. Both TOV PROPERTY MANAGEMENT CORP. and TOV MANAGEMENT CORP. work together closely to handle all details concerning the property and employees at the property. They both interview candidates for the position of superintendent at the subject property, hire and fire building superintendents and set their wages and hours. 6. In 2016, TOV PROPERTY MANAGEMENT CORP. placed advertisements for a full-time position of superintendent at 233 Jamaica Avenue, Brooklyn, New York 11207. Both Mr. Altman, who is the Vice President of TOV MANAGEMENT CORP., and I interviewed candidates for the position. In September of 2016, we hired the plaintiff to be a full-time, live-in superintendent at the property. 7. TOV PROPERTY MANAGEMENT CORP. supervised, directed and controlled the plaintiff's day-to-day work at the property. TOV PROPERTY MANAGEMENT CORP. reported directly to TOV MANAGEMENT CORP. regarding the plaintiff's work. Both TOV PROPERTY MANAGEMENT CORP. and TOV MANAGEMENT CORP. had the authority to terminate the plaintiff's employment. 8. On October 12, 2021, Mr. Altman of TOV MANAGEMENT CORP. and I terminated the plaintiff's employment. On October 23, 2021, the plaintiff signed a "Discharge or FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/10/2022 Complaint" "employer," Workers' Discrimination against his TOV MANAGEMENT, with the Compensation Board. In the signed Complaint, he wrote, "Motty Neiman and David (last me..." name unknown) were the managers who fired Mr. Altman's middle name is "David", "David" and he was called by the plaintiff. A copy of the plaintiff s "Discharge or Complaint" Discrimination is annexed to the instant motion. workers' 9. In addition, in or about August of 2021, the plaintiff filed a claim for compensation benefits for the injuries which he allegedly sustained approximately two years attorneys' earlier at the property on September 20, 2019. A copy his representation letter to the Workers' Compensation Board and the plaintiff s Employee Claim C-3 are annexed to the instant motion. Workers' 10. The New York State Compensation Board ("WCB") held a hearing on February 8, 2022 regarding the plaintiff's claim. Following the hearing, the WCB issued a employer" decision that County Agency, Inc. was the plaintiff s "proper on the date of his alleged accident. 11. County Agency3 Inc. is a professional employer organization ("PEO") which workers' provides administrative services, including payment of wages and the procurement of compensation coverage, for worksite employees of TOV MANAGEMENT CORP., which included Kalween Rodgriguez, prior to his termination as a superintendent at the property. workers' 12. County Agency, Inc. maintains a compensation policy issued by Oriska Insurance Company which was in effect on the date of the plaintiff's alleged accident. County workers' Agency, Inc. submitted the plaintiff s claim for compensation benefits to Oriska Insurance Company. 13. The plaintiff s WCB claim is active under Case #G310 1442. FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/10/2022 By: MOTTY NEIMAN On the day of J in the year 2022, before me, the undersigned, personally appeared MOTTY NEIMAN p sonally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public No 02/AC67 12977 Quglinedn New York County commission Expires July 19, 20 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 13 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 AFFIDAVIT OF MOTTY NEIMAN contains 661 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