Preview
FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF FRANKLIN
ALLYN WOODCOCK, 111,
AMENDED
Plaintiff,
COMPLAINT
-against-
Index No.: E2022-43
SALMON RIVER CENTRAL SCHOOL DISTRICT,
SALMON RIVER CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION, C & S TECHNICAL
RESOURCES, INC., and BURNS BROS.
CONTRACTORS, LLC,
Defendants.
Plaintiff, Allyn Woodcock, III,by and through his attorneys, Martin, Harding & Mazzotti,
LLP, as and for an Amended Complaint against the defendants, allege as follows:
1. That at alltimes hereinafter mentioned, plaintiff, Allyn Woodcock, [II,was and still
is a resident of the County of Schenectady, State of New York.
2. That upon information and belief, at all times relevant herein, defendant, Salmon
River School District, was and still is a duly constituted educational institution organized and
existing under the laws of the State of New York.
3. That upon information and belief, at all times relevant herein, defendant, Salmon
River Central School District Board of Education, was and stillis the governing body of the
defendant, Salmon River Central School District, located in the County of Franklin, State of New
York.
4. That on or about November 2, 2021, in accordance with the provisions of the
General Municipal Law, plaintiff duly served upon the defendants, Salmon River Central School
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District, and Salmon River Central School District Board of Education, a written Notice of Claim
with regard to the matters which are the subject of this action. More than 30 days have elapsed,
and the defendants have failed, neglected and refused to satisfy this claim.
5. Upon information and belief, at alltimes hereinafter mentioned, defendant, C & S
Technical Resources, Inc., was and stillis a domestic business corporation, authorized to conduct
business in the State of New York, with a place of business located at 499 Col. Eillen Collins
Boulevard, Syracuse in the County of Onondaga, State of New York.
6. That upon information and belief, and at alltimes herein relevant, the defendant, C
& S Technical Resources, Inc., is eñgaged in the business of commercial and residential design
and construction.
7. Upon information and belief, at all times hereinafter mentioned, defendant, Burns
Bros. Contractors LLC, was and stillis a domestic limited liability company, authorized to conduct
business in the State of New York, with a place of business located at 400 Leavenworth Avenue,
Syracuse in the County of Onondaga, State of New York.
8. That upon information and belief, and at all times herein relevant, the defendant,
Burns Bros. Contractors LLC, is engaged in the business of commercial and residential design and
construction.
9. Upon information and belief, at alltimes hereinafter mentioned, defendant, Salmon
River Central School District, owned the property commonly known as Salmon River High
School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York.
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10. Upon information and belief, at all times hereinafter mentioned, defendant, Salmon
River Central School District, managed the propedy commonly known as Salmon River High
School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York.
11. Upon information and belief, at all times hereinafter mentioned, defendant, Salmon
River Central School District, controlled the property commonly known as Salmon River High
School, located at 637 County Route 1, Fort Covington, County of Franklin. State of New York.
12. Upon information and belief, at all times hereinafter mentioned, defendant, Salmon
River Central School District, supervised the property commonly known as Salmon River High
School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York.
13. Upon information and belief, at all times hereinafter mentioned, defendant, Salmon
River Central School District, maintained the property commonly known as Salmon River High
School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York.
14. That upon information and belief, and at all times herein relevant, defendant,
Salmon River Central School District, hired defendant, C & S Technical Resources, Inc., as general
contractor, to perform construction, demolition, repair, erection, alteration and/or pointing work at
the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort
Covington, County of Franklin, State of New York.
15. That upon information and belief, and at all times herein relevant, defendant,
Salmon River Central School District, hired defendant, C & S Technical Resources, Inc., as
construction manager, to manage construction, demolition, repair, erection, alteration and/or
pointing work at the premises commonly known as Salmon River High School, located at 637
County Route 1, Fort Covington, County of Franklin, State of New York.
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16. That upon information and belief, and at all times herein relevant, defendant,
Salmon River Central School District, hired defendant, Burns Bros. Coñtractors LLC, as general
contractor, to perform construction, demolition, repair, erection, alteration and/or pointing work at
the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort
Covington, County of Franklin, State of New York.
15. That upon information and belief, and at all times herein relevant, defendant, C &
S Technical Resources, Inc., as construction mmeer, hired defendant, Burns Bros. Contractors
LLC, as general coritractor, to perform constmetion, demolition, repair, erection, alteration and/or
pointing work at the premises commonly known as Salmon River High School, located at 637
County Route 1, Fort Covington, County of Franklin, State of New York.
16. Upon information and belief, at alltimes liereinafter mentioned, defendant, Salmon
River Central School District Board of Education, owned the property commonly known as
Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin,
State of New York.
17. Upon information and belief, at alltimes hereinafter mentioned, defendant, Salmon
River Central School District Board of Education, managed the property commonly known as
Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin,
State of New York.
18. Upon information and belief, at alltimes hereinafter mentioned, defendant, Salmon
River Central School District Board of Education, controlled the property commonly known as
Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin,
State of New York.
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19. Upon information and belief, at alltimes hereinafter mentioned, defendant, Salmon
River Central School District Board of Education, supervised the property commonly known as
Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin,
State of New York.
20. Upon information and belief, at all times hereinafter mentioned, defendant, Salmon
River Central School District Board of Education, maintained the property commonly known as
Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin,
State of New York.
21. That upon information and belief, and at all times herein relevant, defendant,
Salmon River Central School District Board of Education, hired defendant, C & S Technical
Resources, Inc., as general contractor, to perform construction, demolition, repair, erection,
alteration and/or pointing work at the premises commonly known as Salmon River High School,
located at 637 County Route 1, Fort Covington, County of Franklin, State of New York.
22. That upon information and belief, and at all times herein relevant, defendant,
Salmon River Central School District Board of Education, hired defendant, C & S Technical
Resources, Inc, as construction manager, to manage construction, demolition, repair, erection,
alteration and/or pointing work at the premises commonly known as Salmon River High School,
located at 637 County Route 1, Fort Covington, County of Franklin, State of New York.
23. That upon information and belief, and at all times herein relevant, defendant,
Salmon River Central School District Board of Education, hired defendant, Burns Bros.
Contractors LLC, as general contractor, to perform construction, demolition, repair, erection,
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alteration and/or pointing work at the premises commonly known as Salmon River High School,
located at 637 County Route 1, Fort Covington, County of Franklin, State of New York.
24. That upon information and belief, and at alltimes herein relevant, defendant, C &
S Technical Resources, Inc., as construction manager, hired defendant, Burns Bros. Contractors
LLC, as general contractor, to perform construction, demolition, repair, erection, alteration and/or
pointing work at the premises commonly known as Salmon River High School, located at 637
County Route 1, Fort Covington, County of Franklin, State of New York.
25. That at all times herein relevant, the plaintitT, Allyn Woodcock, IH, was employed
by Lakewood Construction Services, as a general laborer and was lawfully on the subject premises
26. That at all times herein relevant, Lakewood Construction Services, including the
plaintiff herein, was hired and retained by the defendant, Salmon River Central School District, to
perform construction and erection services at the premises commonly known as Salmon River
High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New
York.
27. That at all times herein relevant, Lakewood Construction Services, including the
plaintiff herein, was hired and retained by the defendant, Salmon River Central School District
Board of Education, to perform construction and erection services at the premises commonly
known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of
Franklin, State of New York.
28. That at all times herein relevant, Lakewood Construction Services, including the
plaintiff herein, was hired and retained by the defendant, C & S Technical Resources, Inc., as
general contractor, to perform construction and erection services at the premises commonly known
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as Salmon River High School, located at 637 Route 1, Fort of Franklin
County Covington, County
State of New York.
29. That at all times herein relevant, Lakewood Construction Services, including the
plaintiff herein, was hired and retained by the defendant, Burn Bros. Contractors LLC, as general
contractor, to perform construction and erection services at the premises commonly known as
Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin,
State of New York.
30. That upon information and belief, and at all times herein relevant, the work being
performed by the plaintiff at the aforementioned premises constituted the demolition, repair,
construction, erection, alteration, cleaning and/or pointing of a building and/or structure on real
property pursuant to Sections 200, 240, and 241 of the Labor Law of the State of New York.
31. That upon information and belief, and at all times herein relevant, the work which
the plaintiff performed was on a building and/or structure within the meaning and definition of
Sections 200, 240 and 241 of the Labor Law of the State of New York.
32. Upon information and belief, at all times hereirøfter mentioned, the defendant,
Salmon River Central School District, its officers, agents, servants and/or employees failed and
neglected to equip, erect, place or maintain adequate and proper safety devices to give proper
protection to the plaintiff working at the subject premises, all in violation of Section 240(1) of the
Labor Law of the State of New York.
33. Upon information and belief, at all times hereinafter mentioned, the defendant,
Salmon River Central School District Board of Education, its officers, agents, servants and/or
employees failed and neglected to equip, erect, place or maintain adequate and proper safety
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devices to give proper protection to the plaintiff working at the subject premises, all in violation
of Section 240(1) of the Labor Law of the State of New York.
34. Upon information and belief, at all times hereinafter mentioned, the defendant, C
& S Companies, itsofficers, agents, servants and/or employees failed and neglected to equip, erect,
place or maintain adequate and proper safety devices to give proper protection to the plaintiff
working at the subject premises, all in violation of Section 240(1) of the Labor Law of the State of
New York.
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST THE DEFENDANTS:
35. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
Complaiñt herein, all with the same force and etTect as though set forth fully at this point.
5th
36. That on or about the day of October, 2021, at approximately 12:15 p.m.,
plaintiff, Allyn Woodcock, Ill, was lawfully and carefully upon the subject premises, engaged in
erection, repair, construction and/or alteration when said plaintiff was caused to sustain serious
defendants'
personal injuries by virtue of the violation of Section 240 of the Labor Law of the
State of New York through itsofficers, agents, servants and/or employees.
37. On the aforementioned date and time, plaintiff was in the course of performing
repair work to air handler units positioned on the roof at the subject premises and was required to
work at an elevated height.
38. At all times hereinafter mentioned, and in order to reach the work area on the
subject premises under construction, the plaintiff was required to use a stationary ladder that was
affixed to the side of the masonry building at the subject premises.
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39. At all times hereinafter mentioned, and while plaintiff, Allyn Woodcock, IH, was
ascending said ladder so placed, said ladder failed to properly support the plaintiff, broke apart,
came loose, and fell apart causing plaintiff to fall from an elevated height and sustain severe
personal injuries.
40. That due to the lack of proper scaffolding, lifts,platforms, hoists, stays, braces, ties,
supports, slings, hangers, safety harnesses, lanyards, safety belts, safety lines and other reasonable
and necessary safety devices, the ladder broke apart, came loose, and fell apart caming the injuries
alleged herein, without any fault or contributory negligence on the part of the plaintiff
41. By virtue of the violation of Section 240 of the Labor Law of the State of New
York, by the defendants, their officers, agents, servants and/or employees, plaintiff sustained great
bodily injury, so that he became sick, sore, lame, wounded, disabled, disordered and disfigured
and will so remain for a long time to come; has been and will be prevented from attending to his
usual duties; has and continues to suffer pain, that the plaintiff has been injured permanently,
externally, internally and otherwise all to his damage in a sum in excess of the monetary
jurisdiction of all lower Courts which would othenvise have jurisdiction over this action.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST THE DEFENDANTS:
42. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
Complaint herein, all with the same force and effect as though set forth fully at this point.
43. The defendants, their officers, agents, servants, and/or employees failed to provide
reasonable and adequate protection and safety to persons, including plaintiff, retained to work at
the subject premises in violation of Section 24 l(6) of the Labor Law of the State of New York.
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44. The defendants, their officers, agents, servants, and/or employees violated
regulations of the Commissioner of Labor containing specific commands and standards in
violation of Section 241(6) of the Labor Law of the State of New York.
45. Upon information and belief, defendants violated the following regulations
promulgated by the Commissioner of Labor: 12 NYCRR Section 23-1.15, 12 NYCRR Section
12 NYCRR Section 12 NYCRR Section 12 NYCRR Section 23-
23-1.16, 23-1.17, 23-1.21;
1.21(b), and 12 NYCRR Section 23-1.21(e).
5'h
46. On or about the day of October, 2021, at approximately 12:15 p.m., the above
named plaintiff was lawfully and carefully upon the subject premises engaged in construction,
demolition, repair and/or alteration when said plaintiff was caused to sustain serious personal
injuries by virtue of the violation of Section 241(6) of the Labor Law of the State of New York by
the defendants, its officers, agents, servants and/or employees.
5th
47. On or about the day of October, 2021, at approximately 12:15 p.m., the above
named plaintiff was lawfully and carefully upon the subject premises engaged in construction,
demolition, repair and/or alteration when said plaintiff was caused to sustain serious personal
injuries by virtue of the violation of regulations of the Commissioner of Labor containing specific
commands and standards by the defendants, itsofficers, agents, servants and/or employees.
48. By virtue of the violation of Section 241(6) of the Labor Law of the State of New
York, by defendants, their officers, agents, servants and/or employees, plaintiff sustained great
bodily injury, so that he became sick, sore, lame, wounded, disabled, disordered and disfigured
and will so remain for a long time to come; has been and will be prevented from attending to his
usual duties; has and continues to suffer pain; that plaintiff has been injured permanently,
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externally, internally and otherwise, all to his damage in a sum in excess of the monetary
jurisdiction of all lower Courts which would otherwise have jurisdiction over this action.
49. By vinue of the violation of regulations of the Commissioner of Labor containing
specific commands and standards, by defendants, their officers, agents, servants and/or employees,
plaintiff sustained great bodily injury, so that he became sick, sore, lame, wounded, disabled,
disordered and disfigured and will so remain for a long time to come; has been and will be
prevented from attending to his usual duties; has and continues to suffer pain; that plaintiff has
been injured permañeñtly, externally, internally and otherwise, allto his damage in a sum in excess
of the monetary jurisdiction of all lower Courts which would otherwise have jurisdiction over this
action.
AS AND FOR A THIRD CAUSE OF ACTION
AGAINST THE DEFENDANTS:
50. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
Complaint herein, all with the same force and effect as though set forth fully at this point.
51. Defendants, their officers, agents, servants and/or employees were negligent in
failing to construct, equip, arrange, operate and conduct the worksite to provide reasonable
protection to the life,health and safety of the plaintiff upon the subject premises as required by
Section 200 of the Labor Law.
5th
52. On or about the day of October, 2021, at approximately 12:15 p.m., the above
named plaintiff was lawfully and carefully upon the subject premises when he was caused to
sustain serious personal injuries by vidue of the violation of Section 200 of the Labor Law of the
State of New York by defêñdañts, their officers, agents, servants and/or employees.
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46. By virtue of the violation of Section 200 of the Labor Law of the State of New
York, by defendants, their officers, agents, servants and/or employees, plaintiff sustained great
bodily injury, so that he became sick, sore, lame, wounded, disabled, disordered and disfigured
and will so remain for a long time to come; has been and will be prevented from attending to his
usual duties; has and continues to suffer pain; that plaintiff has been injured permanently,
externally, internally and otherwise, all to his damage in a sum in excess of the monetary
jurisdiction of all lower Courts which would otherwise have jurisdictioñ over this action.
AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST THE DEFENDANTS:
55. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
Complaint herein, all with the same force and effect as though set forth fully at this point.
56. On or about the 5th day of October 2021, at approximately 12:15 p.m., the above
named plaintiff was lawfully and carefully upon the subject premises when said plaintiff was
caused to sustain serious personal injuries by virtue of the negligence, recklessñess and
carelessness of the defendants, their officers, agents, servants and/or employees, all without any
contributory negligence on the part of the plaintiff.
57. Defendants, through their officers, agents, servants and/or employees among other
acts and/or omissions was negligent by failing to provide a safe place to work; in causing, creating
and permitting said defective conditions upon the worksite; failing to provide appropriate, safe and
proper equipment for plaintiff to use while working on said premises; failing to provide plaintiff
with proper protection and protective devices; and in placing plaintiff in a dangerous position when
working on said premises.
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58. By virtue of the negligence of the defendants, their officers, agents, servants and/or
employees, plaintiff sustained great bodily injury, so that he became sick, sore, lame, wounded,
disabled, disordered and disfigured and will so remain for a long time to come; has been and will
be prevented from attending to his usual duties; has and continues to suffer pain, that plaintiff has
been injured permanently, externally, internally and otherwise, all to his damage in a sum in excess
of the monetary jurisdiction of alllower Couns which would otherwise have jurisdiction over this
action.
59. Plaintiff s causes of action fall under one of the exceptions set forth under Article
16 of CPLR.
WHEREFORE, plaintiff demands judgment against the defendants on the First, Second,
Third and Fourth Causes of Action in a sum in excess of the monetary jurisdiction of all lower
Courts which would otherwise have jurisdiction over this action, together with the costs and
disbursements of this action, and for such other and further relief as to this Court may deem just
and proper.
Dated: February 10, 2022
By:
Pet T lickey sq
MARTIN, HAkDING & MAZZOTTI, LLP
AttorneysforPlaintiff
1 Wall Street
P.O. Box 15141
Albany, New York 12212-5141
(518) 862-1200
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FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF FRANKLIN ALLYN WOODCOCK, 111, AMENDED Plaintiff, COMPLAINT -against- Index No.: E2022-43 SALMON RIVER CENTRAL SCHOOL DISTRICT, SALMON RIVER CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, C & S TECHNICAL RESOURCES, INC., and BURNS BROS. CONTRACTORS, LLC, Defendants. Plaintiff, Allyn Woodcock, III,by and through his attorneys, Martin, Harding & Mazzotti, LLP, as and for an Amended Complaint against the defendants, allege as follows: 1. That at alltimes hereinafter mentioned, plaintiff, Allyn Woodcock, [II,was and still is a resident of the County of Schenectady, State of New York. 2. That upon information and belief, at all times relevant herein, defendant, Salmon River School District, was and still is a duly constituted educational institution organized and existing under the laws of the State of New York. 3. That upon information and belief, at all times relevant herein, defendant, Salmon River Central School District Board of Education, was and stillis the governing body of the defendant, Salmon River Central School District, located in the County of Franklin, State of New York. 4. That on or about November 2, 2021, in accordance with the provisions of the General Municipal Law, plaintiff duly served upon the defendants, Salmon River Central School 2 1 of 13 FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 District, and Salmon River Central School District Board of Education, a written Notice of Claim with regard to the matters which are the subject of this action. More than 30 days have elapsed, and the defendants have failed, neglected and refused to satisfy this claim. 5. Upon information and belief, at alltimes hereinafter mentioned, defendant, C & S Technical Resources, Inc., was and stillis a domestic business corporation, authorized to conduct business in the State of New York, with a place of business located at 499 Col. Eillen Collins Boulevard, Syracuse in the County of Onondaga, State of New York. 6. That upon information and belief, and at alltimes herein relevant, the defendant, C & S Technical Resources, Inc., is eñgaged in the business of commercial and residential design and construction. 7. Upon information and belief, at all times hereinafter mentioned, defendant, Burns Bros. Contractors LLC, was and stillis a domestic limited liability company, authorized to conduct business in the State of New York, with a place of business located at 400 Leavenworth Avenue, Syracuse in the County of Onondaga, State of New York. 8. That upon information and belief, and at all times herein relevant, the defendant, Burns Bros. Contractors LLC, is engaged in the business of commercial and residential design and construction. 9. Upon information and belief, at alltimes hereinafter mentioned, defendant, Salmon River Central School District, owned the property commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 3 2 of 13 .. . ...... FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 10. Upon information and belief, at all times hereinafter mentioned, defendant, Salmon River Central School District, managed the propedy commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 11. Upon information and belief, at all times hereinafter mentioned, defendant, Salmon River Central School District, controlled the property commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin. State of New York. 12. Upon information and belief, at all times hereinafter mentioned, defendant, Salmon River Central School District, supervised the property commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 13. Upon information and belief, at all times hereinafter mentioned, defendant, Salmon River Central School District, maintained the property commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 14. That upon information and belief, and at all times herein relevant, defendant, Salmon River Central School District, hired defendant, C & S Technical Resources, Inc., as general contractor, to perform construction, demolition, repair, erection, alteration and/or pointing work at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 15. That upon information and belief, and at all times herein relevant, defendant, Salmon River Central School District, hired defendant, C & S Technical Resources, Inc., as construction manager, to manage construction, demolition, repair, erection, alteration and/or pointing work at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 4 3 of 13 FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 16. That upon information and belief, and at all times herein relevant, defendant, Salmon River Central School District, hired defendant, Burns Bros. Coñtractors LLC, as general contractor, to perform construction, demolition, repair, erection, alteration and/or pointing work at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 15. That upon information and belief, and at all times herein relevant, defendant, C & S Technical Resources, Inc., as construction mmeer, hired defendant, Burns Bros. Contractors LLC, as general coritractor, to perform constmetion, demolition, repair, erection, alteration and/or pointing work at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 16. Upon information and belief, at alltimes liereinafter mentioned, defendant, Salmon River Central School District Board of Education, owned the property commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 17. Upon information and belief, at alltimes hereinafter mentioned, defendant, Salmon River Central School District Board of Education, managed the property commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 18. Upon information and belief, at alltimes hereinafter mentioned, defendant, Salmon River Central School District Board of Education, controlled the property commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 5 4 of 13 FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 19. Upon information and belief, at alltimes hereinafter mentioned, defendant, Salmon River Central School District Board of Education, supervised the property commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 20. Upon information and belief, at all times hereinafter mentioned, defendant, Salmon River Central School District Board of Education, maintained the property commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 21. That upon information and belief, and at all times herein relevant, defendant, Salmon River Central School District Board of Education, hired defendant, C & S Technical Resources, Inc., as general contractor, to perform construction, demolition, repair, erection, alteration and/or pointing work at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 22. That upon information and belief, and at all times herein relevant, defendant, Salmon River Central School District Board of Education, hired defendant, C & S Technical Resources, Inc, as construction manager, to manage construction, demolition, repair, erection, alteration and/or pointing work at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 23. That upon information and belief, and at all times herein relevant, defendant, Salmon River Central School District Board of Education, hired defendant, Burns Bros. Contractors LLC, as general contractor, to perform construction, demolition, repair, erection, 6 5 of 13 FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 alteration and/or pointing work at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 24. That upon information and belief, and at alltimes herein relevant, defendant, C & S Technical Resources, Inc., as construction manager, hired defendant, Burns Bros. Contractors LLC, as general contractor, to perform construction, demolition, repair, erection, alteration and/or pointing work at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 25. That at all times herein relevant, the plaintitT, Allyn Woodcock, IH, was employed by Lakewood Construction Services, as a general laborer and was lawfully on the subject premises 26. That at all times herein relevant, Lakewood Construction Services, including the plaintiff herein, was hired and retained by the defendant, Salmon River Central School District, to perform construction and erection services at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 27. That at all times herein relevant, Lakewood Construction Services, including the plaintiff herein, was hired and retained by the defendant, Salmon River Central School District Board of Education, to perform construction and erection services at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 28. That at all times herein relevant, Lakewood Construction Services, including the plaintiff herein, was hired and retained by the defendant, C & S Technical Resources, Inc., as general contractor, to perform construction and erection services at the premises commonly known 7 6 of 13 FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 as Salmon River High School, located at 637 Route 1, Fort of Franklin County Covington, County State of New York. 29. That at all times herein relevant, Lakewood Construction Services, including the plaintiff herein, was hired and retained by the defendant, Burn Bros. Contractors LLC, as general contractor, to perform construction and erection services at the premises commonly known as Salmon River High School, located at 637 County Route 1, Fort Covington, County of Franklin, State of New York. 30. That upon information and belief, and at all times herein relevant, the work being performed by the plaintiff at the aforementioned premises constituted the demolition, repair, construction, erection, alteration, cleaning and/or pointing of a building and/or structure on real property pursuant to Sections 200, 240, and 241 of the Labor Law of the State of New York. 31. That upon information and belief, and at all times herein relevant, the work which the plaintiff performed was on a building and/or structure within the meaning and definition of Sections 200, 240 and 241 of the Labor Law of the State of New York. 32. Upon information and belief, at all times hereirøfter mentioned, the defendant, Salmon River Central School District, its officers, agents, servants and/or employees failed and neglected to equip, erect, place or maintain adequate and proper safety devices to give proper protection to the plaintiff working at the subject premises, all in violation of Section 240(1) of the Labor Law of the State of New York. 33. Upon information and belief, at all times hereinafter mentioned, the defendant, Salmon River Central School District Board of Education, its officers, agents, servants and/or employees failed and neglected to equip, erect, place or maintain adequate and proper safety 8 7 of 13 FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 devices to give proper protection to the plaintiff working at the subject premises, all in violation of Section 240(1) of the Labor Law of the State of New York. 34. Upon information and belief, at all times hereinafter mentioned, the defendant, C & S Companies, itsofficers, agents, servants and/or employees failed and neglected to equip, erect, place or maintain adequate and proper safety devices to give proper protection to the plaintiff working at the subject premises, all in violation of Section 240(1) of the Labor Law of the State of New York. AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS: 35. Plaintiff repeats, reiterates and realleges each and every allegation contained in the Complaiñt herein, all with the same force and etTect as though set forth fully at this point. 5th 36. That on or about the day of October, 2021, at approximately 12:15 p.m., plaintiff, Allyn Woodcock, Ill, was lawfully and carefully upon the subject premises, engaged in erection, repair, construction and/or alteration when said plaintiff was caused to sustain serious defendants' personal injuries by virtue of the violation of Section 240 of the Labor Law of the State of New York through itsofficers, agents, servants and/or employees. 37. On the aforementioned date and time, plaintiff was in the course of performing repair work to air handler units positioned on the roof at the subject premises and was required to work at an elevated height. 38. At all times hereinafter mentioned, and in order to reach the work area on the subject premises under construction, the plaintiff was required to use a stationary ladder that was affixed to the side of the masonry building at the subject premises. 9 8 of 13 .. FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 39. At all times hereinafter mentioned, and while plaintiff, Allyn Woodcock, IH, was ascending said ladder so placed, said ladder failed to properly support the plaintiff, broke apart, came loose, and fell apart causing plaintiff to fall from an elevated height and sustain severe personal injuries. 40. That due to the lack of proper scaffolding, lifts,platforms, hoists, stays, braces, ties, supports, slings, hangers, safety harnesses, lanyards, safety belts, safety lines and other reasonable and necessary safety devices, the ladder broke apart, came loose, and fell apart caming the injuries alleged herein, without any fault or contributory negligence on the part of the plaintiff 41. By virtue of the violation of Section 240 of the Labor Law of the State of New York, by the defendants, their officers, agents, servants and/or employees, plaintiff sustained great bodily injury, so that he became sick, sore, lame, wounded, disabled, disordered and disfigured and will so remain for a long time to come; has been and will be prevented from attending to his usual duties; has and continues to suffer pain, that the plaintiff has been injured permanently, externally, internally and otherwise all to his damage in a sum in excess of the monetary jurisdiction of all lower Courts which would othenvise have jurisdiction over this action. AS AND FOR A SECOND CAUSE OF ACTION AGAINST THE DEFENDANTS: 42. Plaintiff repeats, reiterates and realleges each and every allegation contained in the Complaint herein, all with the same force and effect as though set forth fully at this point. 43. The defendants, their officers, agents, servants, and/or employees failed to provide reasonable and adequate protection and safety to persons, including plaintiff, retained to work at the subject premises in violation of Section 24 l(6) of the Labor Law of the State of New York. 10 9 of 13 FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 44. The defendants, their officers, agents, servants, and/or employees violated regulations of the Commissioner of Labor containing specific commands and standards in violation of Section 241(6) of the Labor Law of the State of New York. 45. Upon information and belief, defendants violated the following regulations promulgated by the Commissioner of Labor: 12 NYCRR Section 23-1.15, 12 NYCRR Section 12 NYCRR Section 12 NYCRR Section 12 NYCRR Section 23- 23-1.16, 23-1.17, 23-1.21; 1.21(b), and 12 NYCRR Section 23-1.21(e). 5'h 46. On or about the day of October, 2021, at approximately 12:15 p.m., the above named plaintiff was lawfully and carefully upon the subject premises engaged in construction, demolition, repair and/or alteration when said plaintiff was caused to sustain serious personal injuries by virtue of the violation of Section 241(6) of the Labor Law of the State of New York by the defendants, its officers, agents, servants and/or employees. 5th 47. On or about the day of October, 2021, at approximately 12:15 p.m., the above named plaintiff was lawfully and carefully upon the subject premises engaged in construction, demolition, repair and/or alteration when said plaintiff was caused to sustain serious personal injuries by virtue of the violation of regulations of the Commissioner of Labor containing specific commands and standards by the defendants, itsofficers, agents, servants and/or employees. 48. By virtue of the violation of Section 241(6) of the Labor Law of the State of New York, by defendants, their officers, agents, servants and/or employees, plaintiff sustained great bodily injury, so that he became sick, sore, lame, wounded, disabled, disordered and disfigured and will so remain for a long time to come; has been and will be prevented from attending to his usual duties; has and continues to suffer pain; that plaintiff has been injured permanently, 11 10 of 13 FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 externally, internally and otherwise, all to his damage in a sum in excess of the monetary jurisdiction of all lower Courts which would otherwise have jurisdiction over this action. 49. By vinue of the violation of regulations of the Commissioner of Labor containing specific commands and standards, by defendants, their officers, agents, servants and/or employees, plaintiff sustained great bodily injury, so that he became sick, sore, lame, wounded, disabled, disordered and disfigured and will so remain for a long time to come; has been and will be prevented from attending to his usual duties; has and continues to suffer pain; that plaintiff has been injured permañeñtly, externally, internally and otherwise, allto his damage in a sum in excess of the monetary jurisdiction of all lower Courts which would otherwise have jurisdiction over this action. AS AND FOR A THIRD CAUSE OF ACTION AGAINST THE DEFENDANTS: 50. Plaintiff repeats, reiterates and realleges each and every allegation contained in the Complaint herein, all with the same force and effect as though set forth fully at this point. 51. Defendants, their officers, agents, servants and/or employees were negligent in failing to construct, equip, arrange, operate and conduct the worksite to provide reasonable protection to the life,health and safety of the plaintiff upon the subject premises as required by Section 200 of the Labor Law. 5th 52. On or about the day of October, 2021, at approximately 12:15 p.m., the above named plaintiff was lawfully and carefully upon the subject premises when he was caused to sustain serious personal injuries by vidue of the violation of Section 200 of the Labor Law of the State of New York by defêñdañts, their officers, agents, servants and/or employees. 12 11 of 13 FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 46. By virtue of the violation of Section 200 of the Labor Law of the State of New York, by defendants, their officers, agents, servants and/or employees, plaintiff sustained great bodily injury, so that he became sick, sore, lame, wounded, disabled, disordered and disfigured and will so remain for a long time to come; has been and will be prevented from attending to his usual duties; has and continues to suffer pain; that plaintiff has been injured permanently, externally, internally and otherwise, all to his damage in a sum in excess of the monetary jurisdiction of all lower Courts which would otherwise have jurisdictioñ over this action. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST THE DEFENDANTS: 55. Plaintiff repeats, reiterates and realleges each and every allegation contained in the Complaint herein, all with the same force and effect as though set forth fully at this point. 56. On or about the 5th day of October 2021, at approximately 12:15 p.m., the above named plaintiff was lawfully and carefully upon the subject premises when said plaintiff was caused to sustain serious personal injuries by virtue of the negligence, recklessñess and carelessness of the defendants, their officers, agents, servants and/or employees, all without any contributory negligence on the part of the plaintiff. 57. Defendants, through their officers, agents, servants and/or employees among other acts and/or omissions was negligent by failing to provide a safe place to work; in causing, creating and permitting said defective conditions upon the worksite; failing to provide appropriate, safe and proper equipment for plaintiff to use while working on said premises; failing to provide plaintiff with proper protection and protective devices; and in placing plaintiff in a dangerous position when working on said premises. 13 12 of 13 FILED: FRANKLIN COUNTY CLERK 02/10/2022 10:58 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/10/2022 58. By virtue of the negligence of the defendants, their officers, agents, servants and/or employees, plaintiff sustained great bodily injury, so that he became sick, sore, lame, wounded, disabled, disordered and disfigured and will so remain for a long time to come; has been and will be prevented from attending to his usual duties; has and continues to suffer pain, that plaintiff has been injured permanently, externally, internally and otherwise, all to his damage in a sum in excess of the monetary jurisdiction of alllower Couns which would otherwise have jurisdiction over this action. 59. Plaintiff s causes of action fall under one of the exceptions set forth under Article 16 of CPLR. WHEREFORE, plaintiff demands judgment against the defendants on the First, Second, Third and Fourth Causes of Action in a sum in excess of the monetary jurisdiction of all lower Courts which would otherwise have jurisdiction over this action, together with the costs and disbursements of this action, and for such other and further relief as to this Court may deem just and proper. Dated: February 10, 2022 By: Pet T lickey sq MARTIN, HAkDING & MAZZOTTI, LLP AttorneysforPlaintiff 1 Wall Street P.O. Box 15141 Albany, New York 12212-5141 (518) 862-1200 14 13 of 13