Preview
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/10/2022
EXHIBIT K
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
- ___________..______________________________-- x
KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintift AFFIDAVIT OF
HAROLD WEBER
-against-
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLl7AN REALTY &
MANAGEMENT NY INC.,
Defendants.
_____________________________________________Ç
STATE OF NEW YORK )
) ss.:
COUNTYOF KINGS)
HAROLD WEBER, duly being sworn, deposes and states:
8th
1. I am the President of County Agency, Inc., located at 129 South
Brooklyn, New York 1121 l.
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. County Agency, Inc. is a professional employer organization ("PEO") which has
Agreement"
a "PEO Client Service with TPV MANAGEMENT CORP., dated October 1, 2006.
Pursuant to this agreement, County Agency, Inc. ("PEO Provider") provides TOV MANAGEMENT
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/10/2022
CORP. with "human resources-related services to Client as a co- employer of Client's
("Client")
employees". The services provided by County Agency, Inc. are solely administrative services, including
workers'
payment of wages and theprocurement of compensation coverage for worksite employees of the
Client. County Agency, Inc. performed this administrative work for the Client's worksite employee,
Kalween Rodriguez.
workers'
5. 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 plaintifPs claim for compensation benefits to Oriska
Insurance Company.
Workers'
6. 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. The plaintiff s WCB claim is active under Case #G310 1442.
7. County Agency, Inc. did not hire the plaintiff to perform any work, and the
plaintiff never performed any work for County Agency, Inc.
8. County Agency, Inc. never supervised, directed or controlled the plaintiff s
superintendent work at the alleged accident location.
9. County Agency, Inc. did not have the authority to terminate the plaintiff's
employment.
10. County Agency, Inc. did not provide the plaintiff with any tools or equipment to
perform his work at the alleged accident location.
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/10/2022
By: ce \ \
Harol I e
On the 2_7jt day of July, in the year 2022, before me, the undersigned, appeared
personally
HAROLD WEBER personally 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 his signature on the
by
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
Notary Pu
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 20 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 HAROLD WEBER contains
370 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. 20 RECEIVED NYSCEF: 08/10/2022 EXHIBIT K FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - ___________..______________________________-- x KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintift AFFIDAVIT OF HAROLD WEBER -against- TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLl7AN REALTY & MANAGEMENT NY INC., Defendants. _____________________________________________Ç STATE OF NEW YORK ) ) ss.: COUNTYOF KINGS) HAROLD WEBER, duly being sworn, deposes and states: 8th 1. I am the President of County Agency, Inc., located at 129 South Brooklyn, New York 1121 l. 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. County Agency, Inc. is a professional employer organization ("PEO") which has Agreement" a "PEO Client Service with TPV MANAGEMENT CORP., dated October 1, 2006. Pursuant to this agreement, County Agency, Inc. ("PEO Provider") provides TOV MANAGEMENT FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/10/2022 CORP. with "human resources-related services to Client as a co- employer of Client's ("Client") employees". The services provided by County Agency, Inc. are solely administrative services, including workers' payment of wages and theprocurement of compensation coverage for worksite employees of the Client. County Agency, Inc. performed this administrative work for the Client's worksite employee, Kalween Rodriguez. workers' 5. 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 plaintifPs claim for compensation benefits to Oriska Insurance Company. Workers' 6. 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. The plaintiff s WCB claim is active under Case #G310 1442. 7. County Agency, Inc. did not hire the plaintiff to perform any work, and the plaintiff never performed any work for County Agency, Inc. 8. County Agency, Inc. never supervised, directed or controlled the plaintiff s superintendent work at the alleged accident location. 9. County Agency, Inc. did not have the authority to terminate the plaintiff's employment. 10. County Agency, Inc. did not provide the plaintiff with any tools or equipment to perform his work at the alleged accident location. FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/10/2022 By: ce \ \ Harol I e On the 2_7jt day of July, in the year 2022, before me, the undersigned, appeared personally HAROLD WEBER personally 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 his signature on the by instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Pu FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 20 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 HAROLD WEBER contains 370 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