Preview
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
INDEX NO. 162502/2015
FILED:
NYSCEF DOC.NEWNO. YORK
39 COUNTY CLERK 12/08/2015 10:35 AM| RECEIVED NYSCEF: 03/09/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/08/2015
No..'
No.:
SUPREME COURT OF THE STATE OF NEW YORK Index
COUNTY OF NEW YORK Purchased:
Date
-------------------------------------------X
SUMMONS
GREGORY WELCH AND PRISCILLA WELCH,
Plaintiff designates New York
Plaintiffs, as the place of trial.
County
-against-
The basis of venue is:
Defendant's Place of Business
260-261 MADISON AVENUE LLC, SKYLIFT CONTRACTOR
CORP. AND BAY CRANE SERVICE INC., at:
Plaintiff resides
42 Opal Street
Defendants, New
Elmont, York
--------------------------------------------X
County of Queens
To the above named Defendants
You are hereby summoned to answer the complaint in this action, and to serve a copy of
your answer, of if the complaint is not served with this summons, to serve a notice of appearance
on the plaintiff'sattorney(s) within twenty days after the services of this ummons exclusive of the
day of service, where service is made by delivery upon you personally, it in the state, or within30
days after completion of service where service is made in any other man er. In case of your failure
to appear or answer, judgment will be taken against you by default fo the relief demanded in the
complaint,
DATED: New York, New York
December 04, 2015
JAY It NE 11
LAW FICES OF JAY H. TANENBAUM
Attorney for Plaintiffs
14 - Suite 5F
Wall Street
New York, New York 10005
(212) 422-1765
Our File 0 555-15J-0044
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
TO: 260-261 Madison Avenue LLC
- 27*
261 Madison Avenue 27 Floor
New York, New York 10016
Skylift Contractor Corp.
24 Greenpoint Avenue
Brooklyn, New York 11222
Bay Crane Service Inc.
11-02 43 Avenue
Long Island City, New York 11101
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______________________________________------X
GREGORY WELCH AND PRISCILLA WELCH,
Plaintiffs, VERIFIED COMPLAINT
-against-
No.'
Index No.:
260-261 MADISON AVENUE LLC, SKYLIFT CONTRACTOR
CORP. AND BAY CRANE SERVICE INC.,,
Defendants,
--------------------------------------------X
Plaintiffs, by their attorney, LAW OFFICES JAY H. TANENBAUM, complaining of the
follows'
Defendants, respectfully alleges, upon information and belief, as follows:
1. That at the time of the commencement of this action, Plaintiffs resided
in the County of Queens, City and State of New York.
2. This action falls within one or more of the exceptions set forth in CPLR
§1602 (2)(iv), (7),4 (1 1).
3, That at the time of the commencement of this action, Defendant 260-261
MADISON AVENUE LLC, was, and still is a domestic corporation, organized and existing
under and by virtue of the laws of the State of New York.
4. That at the time of the commencement of this action, Defendant 260-261
MADISON AVENUE LLC, was, and stillis a company, organized and existing under and by
Nev.
virtue of the laws of the State of York,
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
5. That at the time of the commencement of this action, the Defendant 260-261
MADISON AVENUE LLC, was and stillis a foreign corporation duly authorized to do business
in the State of New York
6. That at the time of the commencement of this action, the Defendant 260-261
MADISON AVENUE LLC, was and still is a domestic limited liabilitycorporation duly authorized
to do business in the State of New York.
7. That at the time of the commencement of this action, the Defendant 260-261
MADISON AVENUE LLC, was and still is a foreign limited liability corporation duly authorized
to do business in the State of New York.
ol'
8. That at the time of the commencement of this action, the Defendant 260-261
MADISON AVENUE LLC, was and stillis a nonprofit corporation duly authorized to do business
in the State of New York.
9. That at the time of the commencement of this action, the Defendant 260-261
MADISON AVENUE LLC, maintained a principal place of business in the County of New
York, City and State of New York.
260-
10. That at the time of the commencement of this action, the Defendant,
261 MADISON AVENUE LLC , was, and stillis,a resident of the State of New York
it. That at the time of the commencement of this action. Defendant SKYLIFT
CONTRACTOR CORP., was, and still is a domestic business corporation, organized and
existing under and by virtue of the laws of the State of New York.
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
12. That at the time of the commencement of this action, Defendant SKYLIFT
CONTRACTOR CORP., was, and stillis a company, organized and existing under and by virtue
of the laws of the State of New York.
ol'
13. That at the time of the commencement of this action, the Defendant SKYLIFT
CONTRACTOR CORP., was and still is a foreign corporation duly authorized to do business in
the State of NewYork
of'
14. That at the time of the commencement of this action, the Defendant SKYLIFT
CONTRACTOR CORP., was and stillis a domestic limited liabilitycorporation duly authorized
to do business in the State of New York.
15. That at the time of the commencement of this action, the Defendant SKYLIFT
CONTRACTOR CORP., was and stillis a foreign limited liabilitycorporation duly authorized to
do business in the State of New York.
16, That at the time of the commencement of this action, the Defendant SKYLIFT
CONTRACTOR CORP., was and stillis a nonprofit corporation duly authorized to do business in
the State of New York.
17. That at the time of the commencement of this action. the Defendant SKYLIFT
CONTRACTOR CORP., maintained a principal place of business in the County of New York, City
and State of NewYork.
18. That at the time of the commencement of this action, the Defendant, SKYLIFT
CONTRACTOR CORP., was, and stillis,a resident of the State of New York
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
19. That at the time of the commencement of this action, Defendant BAY CRANE
SERVICEINC., was, and stillis a domestic business corporation, organized and existing under
and by virtue of the laws of the State of New York.
20. That at the time of the commencement of this action, Defendant BAY CRANE
SERVICE INC., was, and stillis a company, organized and existing under and by virtue of the
laws of the State of New York.
21. That at the time of the commencement of this action, the Defendant BAY
CRANE SERVICE INC., was and stillis a foreign corporation duly authorized to do business
in the State of New York
22. That at the time of the commencement of this action, the Defendant BAY CRANE
SERVICE INC., was and stillis a domestic limited liability corporation duly authorized to do
business in the State of New York.
23. That at the time of the commencement of this action, the Defendant BAY
CRANE SERVICE INC., was and still is a foreign limited liability corporation duly authorized
to do business in the State of New York.
24. That at the time of the commencement of this action, the Defendant BAY
CRANE SERVICE INC,, was and stillis a nonprofit corporation duly authorized to do business
in the State of New York.
25. That at the time of the commencement of this action, the Defendant BAY
CRANE SERVICE INC., maintained a principal place of business in the County of New York, City
and State of Nev' York.
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
26. That at the time of the commencement of this action, the Defendant, BAY
CRANE SERVICE INC. , was, and stillis,a resident of the State of New York
AS AND FOR A FIRST CAUSE OF ACTION AS AGAINST
DEFENDANT 260-261 MADISON AVENUE LLC
27. The Plaintiffs repeat and reiterate all of the foregoing paragraphs with the
same force and effect as if set forth herein.
28. That on May 31, 2015, the Defendant, 260-261 MADISON AVENUE LLC owned
the premises and/or building located at 261 Madison Avenue, New York, New York.
29. That on May 31, 2015, the Defendant, 260-261 MADISON AVENUE LLC
occupied the premises and/or building located at 261 Madison Avenue, New York, NewYork
10016.
30. That on May 31, 2015, the Defendant, 260-261 MADISON AVENUE LLC
controlled the premises and/or building located at261 MadisonAvenue,NewYork, New York.
31. That on May 31, 2015, the Defendant, 260-261 MADISON AVENUE LLC
maintained the premises and/or building located at 261 Madison Avenue, New York, New York.
32. That at all times hereinafter mentioned, Defendant, 260-261 MADISON
AVENUELLC, is the owner of and in possession and control of, and through its agents,
servants and/or employees had full power and authority to manage, conduct, maintain and
control of the premises and building located at 261 Madison Avenue, New York, New York.
33. That on May 31, 2015, the Defendant, 260-261 MADISON AVENUE LLC
entered into an agreement, written and/or otherwise, for the purposes of managing,
erection'
supervising and overseeing the general construction; erection; .renovation, 'repair; creation
of the construction site for premises 261 Madison Avenue, Ncw York, New York.
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
34. That at all times herein mentioned, the Defendant, 260-261 MADISON AVENUE
LLC subcontracted with Defendants named hereinto perform certain construction work, at the
construction site for premises and/or building located at 261 Madison Avenue, New York. New
York,
35. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant 260-261 MADISON AVENUE LLC to maintain the premises and/or building located at
261 Madison Avenue, New York, New York, in a reasonable safe condition.
36. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant 260-261 MADISON AVENUE LLC to maintain the premises and building located at
261 Madison Avenue, New York, New York, in a reasonably safe condition, good repair, free
from defects, hazards or dangerous conditions.
37. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant 260-261 MADISON AVENUE LLC to ensure that any repair, renovation,
construction for the premises and/or building located at 261 Madison Avenue, New York, New
York, was performed in a reasonably safe manner, free from defects, hazards or dangerous
conditions.
38. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant 260-261 MADISON AVENUE LLC to ensure that any equipment used for repair,
renovation, construction for the premises located at 261 Madison Avenue, New York, New
York, was free from defects, hazards or dangerous conditions.
39. That the Defendant, 260-261 MADISON AVENUE LLC, its agents, servants
and/or employees, were negligent in that they breached such duty.
40. That the Defendant, 260-261 MADISON AVENUE LLC was negligent in the
ownership, operation, management, control, maintenance, repair and/or construction
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
of the aforesaid premises, that on May 31, 2015 the aforesaid premises and/or building were
in a dangerous and defective condition.
41. That the Defendant, 260-261 MADISON AVENUE LLC was negligent in the
ownership, operation, management, control, maintenance, repair and of the equipment used
for the construction, repair renovation on the aforesaid premises and/or building, that on May
31, 2015 the aforesaid equipment was in a dangerous and defective condition.
42. That at all times herein mentioned, the Defendant, 260-261 MADISON
AVENUE LLC, knew or should have known about the dangerous, hazardous, defective and
trap-like condition and failed to repair, warn and/or take proper precautions to protect
persons properly and lawfully on or around the aforesaid premises and more particularly the
plaintiff herein.
43. That the Defendant, 260-261 MADISON AVENUE LLC, its servants, agents
and/or employees had actual and/or constructive notice of the aforesaid dangerous and
defective condition.
44. That, upon information and belief, Defendant 260-261 MADISON AVENUE
LLC had actual notice of this defective condition for at least fifteen (15) days prior to May
31, 2015.
45. That on May 31, 2015 Plaintiffs, GREGORY WELCH and PRISCILLA WELCH
were lawfully driving in the area about the premises and building located at 261 Madison
Avenue, New York, New York.
46. That on May 31, 2015, Plaintiff GREGORY WELCH was lawfully about the
aforesaid premises and/or building when he was caused to sustain serious and permanent
injuries, when a crane dropped a heating and air conditioning unit, sending glass, metal and
concrete on plaintiff'svehicle.
47. That on May 31, 2015, Plaintiff PRISCILLA WELCH was lawfully about the
aforesaid premises and/or building when she was caused to sustain serious and permanent
injuries, when a crane dropped a heating and air conditioning unit, sending glass, metal and
concrete on plaintiff'svehicle.
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
48. The above mentioned occurrence and the results thereof, were caused by the
Defendants'
negligence of the Defendants and/or said agents, servants, employees and/or
licensees in the ownership, operation, management, maintenance and control of the aforesaid
premises.
49. That no negligence on the part of the Plaintiffs contributed to the occurrence
alleged herein in any manner whatsoever.
50. That because of the above stated premises, Plaintiff, GREGORY WELCH, was
anguish'
caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that
these injuries and their effects will be permanent: and as a result of said injuries Plaintiff has
been caused to incur, and will continue to incur, expenses for medical care and attention; and,
as a further result. Plaintiff was, and will continue to be, rendered unable to perform
Plaintiff's normal activities and duties and has sustained a resultant loss therefrom,
51. That because of the above stated premises, Plaintiff, PRISCILLA WELCH, was
caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that
these injuries and their effects will be permanent; and as a result of said injuries Plaintiff has
attention,'
been caused to incur, and will continue to incur, expenses for medical care and attention; and,
as a further result, Plaintiff was, and will continue to be, rendered unable to perform
Plaintiff's normal activities and duties and has sustained a resultant loss therefrom.
52. That by reason of the foregoing, Plaintiffs were damaged in a sum which
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION AS AGAINST
DEFENDANTSKYLIFTCONTRACTORCORP.
53, The Plaintiffs repeat and reiterate all of the foregoing paragraphs with the
same force and effect as if set forth herein.
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
54, That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP.
owned the premises and/or building located at 261 Madison Avenue, New York, New York .
SKYLIFI'
55. That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP.
occupied the premises and/or building located at 261 Madison Avenue, New York, New York.
56, That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP,
controlled the premises and/or building located at 261 Madison Avenue, New York, New York.
57. That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP.
maintained the premises and/or building located at 261 Madison Avenue, New York, New York.
58. That at all times hercinafter mentioned, Defendant, SKYLIFT CONTRACTOR
CORP., is the owner of and in possession and control of, and through its agents, servants
and/or employees had fullpower and authority to manage, conduct, maintain and control of
the premises and/or building located at 261 Madison Avenue, New York, New York.
59. That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP. entered
into an agreement, written and/or otherwise, for the purposes of managing, supervising and
'erection' 'repair'
overseeing the general construction; erection; renovation;
,renovation, repair; creation
.creation of the construction
site for premises and/or building 261 Madison Avenue, New York, New York.
60. That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP. entered
into an agreement, written and/or otherwise, for the purposes of performing general
construction; erection; renovation; 'creation of the construction site for premises 261
Madison Avenue, New York, New York,
61. That at all times herein mentioned, the Defendant, SKYLIFT CONTRACTOR
CORP. subcontracted with Defendants named herein to perform certain construction work, at the
construction site for premises and/or building located at 261 Madison Avenue, New York, New
York.
62. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant SKYLIFT CONTRACTOR CORP, to maintain the premises and/or building located at 261
Madison Avenue, New York, New York, in a reasonably safe condition.
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
63. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant SKYLIFTCONTRACTOR CORP. to maintain the premises and/o building located at
261 Madison Avenue, New York, New York, in a reasonably safe condition, good repair, free
from defects, hazards or dangerous conditions.
64. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant SKYLIFTCONTRACTOR CORP. to ensure that any repair, renovation, construction
for the premises and/or building located at 261 Madison Avenue, New York, New York, was
performed in a reasonably safe manner, free from defects, hazards ordangerous conditions.
65. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant SKYLIFT CONTRACTOR CORP, to ensure that any equipment used for repair,
renovation, construction for the premises locatedat261 MadisonAvenue, New York, New York,
was free from defects, hazards or dangerous conditions.
66. That the Defendant, SKYLIFT CONTRACTOR CORP,, its agents, servants and/or
employees, were negligent in that they breached such duty,
67. That the Defendant, SKYLIFT CONTRACTOR CORP, was negligent in the
ownership, operation, management, control, maintenance, repair and/or construction of the
aforesaid premises and building, that on May 31, 2015 the aforesaid premises and/or building
were in a dangerous and defective condition.
68, That the Defendant, SKYLIFT CONTRACTOR CORP. was negligent in the
ownership, operation, management, control, maintenance, repair and of the equipment used
for the construction, repair renovation on the aforesaid premises and/or building, that on May
31, 2015 the aforesaid equipment was in a dangerous and defective condition.
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
69. That at all times herein mentioned, the Defendant, SKYLIFT CONTRACTOR
CORP., knew or should have known about the dangerous, hazardous, defective and trap-like
condition and failed to repair, warn and/or take proper precautions to protect persons
properly and lawfully on or around the aforesaid premises and more particularly the plaintiff
herein.
70. That the Defendant, SKYLIFT CONTRACTOR CORP., its servants, agents
and/or employees had actual and/or constructive notice of the aforesaid dangerous and
defective condition.
71. That, upon information and belief, Defendant SKYLIFT CONTRACTOR
CORP. had actual notice of this defective condition for at least fifteen (15) days prior to
May 31, 2015.
72. That on May 31, 2015 Plaintiff GREGORY WELCH and PRISCILLA WELCH
were lawfully driving inthe area about the premises located at 261 Madison Avenue, New
York,New York.
73. That on May 31, 2015, Plaintiff GREGORY WELCH was lawfully about the
aforesaid premises when he was caused to sustain serious and permanent injuries, when a
crane dropped a heating and air conditioning unit sending glass, metal and concrete on
plaintiff'
s motor vehicle.
74. That on May 31, 2015, Plaintiff PRISCILLA WELCH was lawfully about the
aforesaid premises when she was caused to sustain serious and permanent injuries, when a
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
licenses in the ownership, operation, management, maintenance and control of the
aforesaid premises.
76, That no negligence on the part of the Plaintiffs contributed to the occurrence
alleged herein in anymanner whatsoever.
77, That because of the above stated premises, Plaintiff GREGORY WELCH
were caused to sustain serious injuries and to have suffered pain,
shock and mental anguish; that these injuries and their effects will be permanent; and
as a result of said injuries Plaintiff has been caused to incur, and will continue to incur,
expenses for medical care and attention; and, as a further result, Plaintiff was, and will
continue to be, rendered unable to perform Plaintiff's normal activities and duties and
has sustained a resultant loss therefrom.
78. That because of the above stated premises, Plaintiff PRISCILLA WELCH
were caused to sustain serious injuries and to have suffered pain,
anguish'
shock and mental anguish; that these injuries and their effects will be permanent; and
as a result of said injuries Plaintiff has been caused to incur, and will continue to incur,
expenses for medical care and attention; and, as a further result, Plaintiff was, and will
continue to be, rendered unable to perform Plaintiff's normal activities and duties and
has sustained a resultant loss therefrom.
79. That by reason of the foregoing, Plaintiffs were damaged in a sum which
exceeds the jurisdictional limits o[ all lov er courts which would otherwise have jurisdiction.
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
AS AND FOR A THIRD CAUSE OF ACTION AS
AGAINST DEFENDANT BAY CRANE SERVICE INC.
80. The Plaintiffs repeat and reiterate all of the foregoing paragraphs with the
same force and effect as if set forth herein.
81. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. owned the
premises and/or building located at 261 Madison Avenue, New York, New York.
82. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. occupied
the premises and/or building located at 261 Madison Avenue, New York, NewYork.
83. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. controlled the
premises and/or building located at 261 Madison Avenue, New York, New York.
84. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. maintained
the premises and/or building located at 261 Madison Avenue, New York, New York.
85. That at all times hereinafter mentioned, Defendant, BAY CRANE SERVICE
INC., is the owner of and in possession and control of, and through its agents, servants
and/or employees had full power and authority to manage, conduct, maintain and
control of the premises and/or building located at 261 Madison Avenue, New York,
New York ,
86, That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. entered into an
agreement, written and/or otherwise, for the purposes of managing, supervising and overseeing
the general construction; erection; renovation; repair; creation of the construction site for
premises and/or building 261 Madison Avenue, New York, New York.
87. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. entered into an
agreement, written and/or otherwise, for the purposes of performing general construction;
renovation' ,repair,'
erection; renovation; repair; creation of the construction site for premises 261 Madison Avenue,
New York, New York.
88. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. entered into an
agreement, written and/or otherwise, for the purposes of providing construction equipment
construction' renovation,' repair'
including cranes for the general construction; erection;
,erection', renovation; repair; creation
,creation of the
construction site for premises 261 Madison Avenue, New York, New York 10016,
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
89. That at all times herein mentioned, the Defendant, BAY CRANE SERVICE INC.
subcontracted with Defendants named herein to perform certain construction work, at the
construction site for premises located at 261 Madison Avenue, New York, New York 10016.
90. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant BAY CRANE SERVICE INC. to maintain the premises located at 261 Madison Avenue,
New York, New York 10016, in a reasonably safe condition.
91. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant BAY CRANESERVICEINC. to maintain the premises located at 261 Madison Avenue,
New York, New York 10016, in a reasonably safe condition, good repair, free from
defects, hazards or dangerous conditions.
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
92. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant BAY CRANE SERVICE INC. to ensure that any repair, renovation, construction for
the premises located at 261 Madison Avenue, New York, New York 10016, was performed in a
reasonably safe manner, free from defects, hazards or dangerous conditions.
93. That on May 31, 2015, and at all times herein mentioned, it was the duty of
Defendant BAY CRANE SERVICE INC. to ensure that any equipment used for repair,
renovation, construction for the premises located at 261 Madison Avenue, New York, New York
10016, was free from defects, hazards or dangerous conditions,
94. That the Defendant, BAY CRANE SERVICE INC., itsagents, servants and/or
employees, were negligent inthat they breached such duty.
95. That the Defendant, BAY CRANE SERVICE INC. was negligent in the ownership,
operation, management, control, maintenance, repair and/or construction of the aforesaid
premises, that on May 31, 2015 the aforesaid premises were in a dangerous and defective
condition.
96. That the Defendant, BAY CRANE SERVICE INC. was negligent in the ownership,
operation, management, control, maintenance, repair and of the equipment used for the
construction, repair renovation on the aforesaid premises, that on May 31, 2015 the aforesaid
equipment was in a dangerous and defective condition.
97. That at all times herein mentioned, the Defendant, BAY CRANE SERVICE
INC., knew or should have known about the dangerous, hazardous, defective and trap-like
condition and failed to repair, warn and/or take proper precautions to protect persons
properly and lawfully on or around the aforesaid premises and more particularly the
plaintiff herein.
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018
98. That the Defendant, BAY CRANE SERVICE INC., its servants, agents and/or
employees had actual and/or constructive notice of the aforesaid dangerous and defective
condition.
99. That, upon information and belief, Defendant BAY CRANE SERVICEINC.
ha
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Jul 10, 2024 |
CGC24611734
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 11. DEFENDANT NOELLE MORENO's MOTION TO STRIKE COMPLAINT. Off calendar for noncompliance with Local Rule 2.7(B) (courtesy copies). The motion may be re-set for a Mon.-Thurs. after July 24, with papers to bear new hearing date. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
ARMEN BEGOYAN VS CITY OF LOS ANGELES, ET AL.
Jul 11, 2024 |
21STCV34525
Case Number:
21STCV34525
Hearing Date:
July 11, 2024
Dept:
32
PLEASE NOTE
:
Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.
If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at
sscdept32@lacourt.org
indicating that partys intention to submit.
The email shall include the case number, date and time of the hearing, counsels contact information (if applicable), and the identity of the party submitting on this tentative ruling.
If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.
If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.
Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court
.
TENTATIVE RULING
DEPT
:
32
HEARING DATE
:
July 11, 2024
CASE NUMBER
:
21STCV34525
MOTIONS
:
Motion for Terminating Sanctions
MOVING PARTY:
Defendant City of Los Angeles
OPPOSING PARTY:
None
BACKGROUND
Defendant City of Los Angeles (
Defendant) moves for terminating sanctions against Plaintiff
Armen Begoyan (Plaintiff) for failure to comply with the Courts April 26, 2024 discovery order. Defendant seeks to dismiss the entire action. No opposition has been filed.
LEGAL STANDARD
To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose&sanctions against anyone engaging in conduct that is a misuse of the discovery process. (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any of the following: (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process; (2) An order staying further proceedings by that party until an order for discovery is obeyed; (3) An order dismissing the action, or any part of the action, of that party; (4) An order rendering a judgment by default against that party. (Code Civ. Proc. § 2023.030(d).)
Failing to respond or to submit to an authorized method of discovery, or
disobeying a court order to provide discovery,
constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d), (g).)
The trial court may order a terminating sanction for discovery abuse after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery. (
Los Defensores, Inc. v. Gomez
(2014) 223 Cal.App.4th 377, 390, quoting
Lang v. Hochman
(2000) 77 Cal.App.4th 1225, 1246.)
Generally, [a] decision to order terminating sanctions should not be made lightly.
But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction. (
Los Defensores, supra
, 223 Cal. App. 4th at p. 390 [citation omitted].)
Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one or more discovery orders. (
Los Defensores, supra
, 223 Cal.App.4th at p. 390 citing
Lang, supra
, 77 Cal.App.4th at pp. 1244-1246 [discussing cases]; see, e.g.,
Collisson & Kaplan v. Hartunian
(1994) 21 Cal.App.4th 1611, 1617-1622 [terminating sanctions imposed (by striking the defendants Answer and subsequently granting default judgment) after defendants failed to comply with one court order to produce discovery];
Laguna Auto Body v. Farmers Ins. Exchange
(1991) 231 Cal.App.3d 481, 491, disapproved on other grounds in
Garcia v. McCutchen
(1997) 16 Cal.4th 469, 478, n. 4 [terminating sanctions imposed against the plaintiff for failing to comply with a discovery order and for violating various discovery statutes].)
If a party . . . fails to obey an order compelling answers [to interrogatories or requests for production], the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (Code Civ. Proc. §§ 2030.290(c); 2031.300(c).)
DISCUSSION
Written discovery was originally served on Plaintiff on March 1, 2023. (Kahramanian Decl. ¶ 2.) On September 21, 2023 and January 11, 2024, Defendants counsel emailed Plaintiffs counsel requesting responses but received no response. (
Id.
¶ 3.)
On April 26, 2024, the Court granted
Defendants unopposed motion to compel Plaintiffs responses to Demand for Production of Documents, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One. Plaintiff was ordered to provide verified responses, without objections, within 10 days. (Min. Order, 4/26/24.) The Court also imposed $700.00 in monetary sanctions against Plaintiff and his counsel of record.
On May 2, 2024, Defendant filed and served electronic notice of the ruling on Plaintiffs counsel. Defendant contends that no responses have been served complying with the Courts order. (Kahramanian Decl. ¶ 4.) Plaintiff has not filed an opposition to this motion.
Therefore, it appears that the discovery was first served in March 2023, and the motion to compel was granted on April 26, 2024. Throughout this time, Defendant sought to obtain responses through informal ways before ultimately obtaining an order to compel. The delay in time also demonstrates that Defendant has been prevented from mounting a defense against this case. Considering the above, the fact Plaintiff did not oppose this motion nor the previous motion to compel, and monetary sanctions have been ineffective, the Court finds Plaintiffs actions to be willful. Therefore, the motion for terminating sanctions is granted.
CONCLUSION
Therefore, Defendant
City of Los Angeles
motion for terminating sanctions is GRANTED. The only remaining defendants are Doe Defendants who have not been named or served, and therefore t
he Court orders the complaint dismissed in its entirety.
If Defendant moves to dismiss the cross-complaint at the hearing on this motion, then the Final Status Conference and Jury Trial dates will be advanced and vacated.
Defendant shall provide notice of the Courts ruling and file a proof of service of such.
Ruling
Gilbert Hernandez vs. In-Shape Health Clubs, LLC
Jul 11, 2024 |
20CV-02521
20CV-02521 Gilbert Hernandez v. In-Shape Health Clubs LLC
Trial Settng Conference
Appearance required. Remote appearances are permitted. Parties who wish to appear
remotely must contact the clerk of the court at (209) 725-4111 to arrange for a remote
appearance. Appear to address the status of case following the unsuccessful mediation
and whether it is time to set this matter for trial.
Ruling
SOCORRO ALEGRIA VS ALTAMED HEALTH SERVICES CORPORATION, A CALIFORNIA CORPORATION, ET AL.
Jul 11, 2024 |
24PSCV00032
Case Number:
24PSCV00032
Hearing Date:
July 11, 2024
Dept:
K
1.
Defendant AltaMed Health Services Corporations Motion for Judgment on the Pleadings is summarily GRANTED in part (i.e., as to the fifth, sixth and tenth causes of action) and otherwise DENIED in part (i.e., as to the eighth and ninth causes of action).
2.
Defendant AltaMed Health Services Corporations Motion to Strike is DENIED as MOOT.
Background
Plaintiff Socorro Alegria (Plaintiff) alleges as follows: Plaintiff was sexually assaulted during her March 22, 2023 medical imaging appointment. On January 3, 2024, Plaintiff filed a complaint, asserting causes of action against AltaMed Health Services Corporation (AltaMed), Jose Luis Sanchez and Does 1-20 for:
1.
Negligent Hiring Retention, Supervision and Failure to Terminate (v. AltaMed only)
2.
Common Law Assault (v. Sanchez only)
3.
Common Law Battery (v. Sanchez only)
4.
Sexual Battery in Violation of Civil Code § 1708.5 (v. Sanchez only)
5.
Violation of Civil Code § 51.7
6.
Sexual Harassment in Violation of Civil Code § 51.9
7.
Intentional Infliction of Emotional Distress (v. Sanchez only)
8.
Negligent Infliction of Emotional Distress
9.
Negligence (v. AltaMed only)
10.
Violation of the Tom Bane Civil Rights Act A Case Management Conference is set for July 11, 2024.
1.
Judgment on the Pleadings
Legal Standard
The rules governing demurrers are generally applicable to a motion for judgment on the pleadings. (
Cloud v. Northrop Grumman Corp.
(1998) 67 Cal.App.4th 995, 999; Code Civ. Proc., § 438, subd. (d) [The grounds for motion. . . shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Where the motion is based on a matter of which the court may take judicial notice. . ., the matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit].)
A motion by a plaintiff may only be made on the grounds that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint. (Code Civ. Proc., § 438, subd. (c)(1)(A).) A motion by a defendant may only be made on the grounds that (1) [t]he court has no jurisdiction of the subject of the cause of action alleged in the complaint or (2) [t]he complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c).)
Although a nonstatutory motion may be made at any time either prior to the trial or at the trial itself (
Stoops v. Abbassi
(2002) 100 Cal.App.4th 644, 650 [quotation marks and citation omitted]), a statutory motion cannot be made after entry of a pretrial conference order or 30 days before the initial trial date, whichever is later, unless the court otherwise permits. (Code Civ. Proc., § 438, subd. (e).)
Discussion
AltaMed moves the court, pursuant to Code of Civil Procedure § 438, for judgment on the pleadings as to the fifth, sixth, and eighth through tenth (i.e., for
Violation of Civil Code § 51.7, Sexual Harassment in Violation of Civil Code § 51.9, Negligent Infliction of Emotional Distress, Negligence and Violation of the Tom Bane Civil Rights Act, respectively)
causes of action in Plaintiffs complaint, on the basis that they each fail to state facts sufficient to constitute causes of action.
At the outset, Plaintiff represents that she agrees to dismiss her fifth, sixth and tenth causes of action, without prejudice (Opp., 1:26-2:2); accordingly, in the event a Request for Dismissal is not on file by the time of the hearing, the court will summarily grant the motion in this regard.
The courts following analysis, then, is limited to Plaintiffs eighth and ninth causes of action, for Negligent Infliction of Emotional Distress and Negligence, respectively:
AltaMed asserts that these causes of action fail because it cannot be held vicariously liable for an alleged sexual assault by its employee. [A]n employer is vicariously liable for the torts of its employees committed within the scope of the employment. (
Lisa M. v. Henry Mayo Newhall Memorial Hospital
(1995) 12 Cal.4th 291, 296.) However, [a]n
employer will not be held liable for an assault or other intentional tort that did not have a causal nexus to the employee's work. (
Id.
at 297).
The court construes Plaintiffs eighth and ninth causes of action as sounding in direct negligence, rather than vicarious liability. Further, while AltaMed contends that these causes of action are surplusage, this argument was raised for the first time in the reply; as such, it is disregarded. The motion is denied in this regard.
2.
Motion to Strike
AltaMed moves the court for an order striking out the following language from Plaintiffs complaint:
1.
Page 12, paragraph 68, lines 6-12;
2.
Page 13, paragraph 79, lines 9-15;
3.
Page 16, paragraph 102, lines 18-24;
4.
Page 17, paragraph 7, line 13;
5.
Page 17, paragraph 9, line 15;
6.
Page 17, paragraph 10, line 16. AltaMeds request is denied as moot. All of the allegations AltaMed seeks to have stricken pertain to the fifth, sixth and tenth causes of action, which Plaintiff has agreed to dismiss.
Ruling
Thompson, Harry Fayne III vs. Rose, Steven Leon et al
Jul 22, 2024 |
S-CV-0052451
S-CV-0052451 Thompson, Harry Fayne III vs. Rose, Steven Leon et al
No appearance required. CMC is continued to 10/14/24 at 2pm in Dept. 6.
Complaint is not at issue - Need responsive pleading, default or dismissal as to
Defendant(s): Grossman, Marilyn Joy
Additionally, no proof of service has been filed as to Defendant(s): Rose, Steven
Leon
Ruling
TODD BERTRANG, ET AL. VS IVORY HOLDINGS, LLC, A LIMITED LIABILITY COMPANY, ET AL.
Jul 09, 2024 |
21STCV42736
Case Number:
21STCV42736
Hearing Date:
July 9, 2024
Dept:
S25 Procedural Background Plaintiffs, Todd Bertrang (Bertrang) and Ophie Beltran (Beltran) (collectively, Plaintiffs) sued Defendants, Lido Sailing Club, Inc. (Lido), Ivory Holdings, LLC (Ivory), and Scott Vollero (Vollero) based on injuries Plaintiffs allege they sustained from Bertrangs exposure to hazardous chemicals. Plaintiffs filed their original complaint on November 18, 2021, and filed a First Amended Complaint (FAC) on May 4, 2022. Notably, Plaintiffs did not serve any party prior to filing their FAC, and no party responded to the original complaint. On September 8, 2022, the Court sustained Lido Sailing Club, LLCs demurrer to the FAC with leave to amend. (September 8, 2022 Minute Order.) On September 30, 2022, Plaintiffs filed their Second Amended Complaint (SAC). On October 5, 2022, Lido filed a demurrer to the SAC. Shortly thereafter, the personal injury hub court found the case complicated and transferred it to Long Beach for all further proceedings. On January 12, 2023, Lido re-filed its demurrer to the SAC in Department S27. On June 27, 2023, the Court continued the hearing on the demurrer, finding the parties had not adequately met and conferred prior to filing their papers. On July 27, 2023, the Court sustained the demurrer with leave to amend. On September 20, 2023, rather than amending the SAC, Plaintiffs dismissed Lido from the case. On December 21, 2023, Defendants Ivory Holdings and Vollero filed a demurrer with the motion to strike portions of the SAC. On January 23, 2024, the Court sustained the demurrer with leave to 20 days amend as to the NIED cause of action and alter ego liability cause of action and overruled the strict liability for ultrahazardous activity cause of action, the violation of Health and Safety Code, § 25359.7, cause of action and the IIED cause of action; the Court also granted the motion to strike without leave to amend as to punitive damages and related allegations. (January 23, 2024 Minute Order.) On April 24, 2024, Plaintiffs filed a Third Amended Complaint (TAC) more than two months after the Courts January 23 order. Meet and Confer Defendant Volleros counsel states that he sent a meet and confer letter to Plaintiffs counsel on May 17, 2024 detailing issues with the TAC and his availability for a telephonic meet and confer at least 5 days prior to filing the instant motions. (Rasmussen Decl.1, ¶ 5, Exh. B.) Defendant Volleros counsel states that Plaintiffs counsel did not respond to the meet and confer attempt. (Id., at ¶ 6.) In opposition, Plaintiffs counsel argues Defendant Volleros counsel failed to meet and confer because the issues were not discussed in person or by telephone as required under Code Civ. Proc., §§ 430.41, 435.5. Notwithstanding the parties conflicting ideas of meet and confer, it is very likely an informal attempt to resolve the matter would have been unsuccessful. Analysis 1. Delay in Filing of Third Amended Complaint Code Civ. Proc., § 472b, states that: [w] hen a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order, unless the notice is waived in open court, and the waiver entered in the minutes. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2024) ¶ 7:145; Cano v. Glover (2006) 143 Cal.App.4th 326, 329-330.) After expiration of the time in which a pleading can be amended as a matter of course, the pleading can only be amended by obtaining the permission of the court. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal. App. 4th 603, 613.) While a court has discretion to require a noticed motion before permitting a plaintiff to file an amended complaint late, a court also has the discretion to accept a filing without a noticed motion. (Harlan v. Dep't of Transportation (2005) 132 Cal. App. 4th 868, 873.) The Court exercises its discretion and accepts Plaintiffs untimely filed Third Amended Complaint without a noticed motion. 2. Second Amended Complaint Holding (Alter Ego) On January 23, 2024, Judge Mark Kim sustained Defendant Volleros Demurrer to the Second Amended Complaint with leave to amend. Judge Kim ruled: All claims against Volero are plead on an alter ego theory. Plaintiffs alter ego allegations are found at ¶6 of the SAC, and merely allege that each defendant was acting as the alter ego of each other defendant. Relying on Rutherford Holdings, LLC v. Playa del Rey (2014) 223 Cal.App. 221, 236, Judge Kim held: Plaintiffs herein failed to allege any of the ultimate facts showing alter ego liability. They failed to allege unity of interest, domination and control, inadequate capitalization, etc. Voleros demurrer is therefore sustained with leave to amend. Plaintiffs must allege ultimate facts showing imposition of liability against Volero would be proper. (See January 23, 2024 Minute Order, Legal Standard on Demurrer, Alter Ego Liability, 3(h)). 3. Demurrer to the Third Amended Complaint (Alter Ego) A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing partys pleading. It is error for the trial court to sustain a demurrer if the plaintiff has stated a cause of action under any possible legal theory, and it is an abuse of discretion for the court to sustain a demurrer without leave to amend if the plaintiff has shown there is a reasonable possibility a defect can be cured by amendment. California Logistics, Inc. v. State of California (2008) 161 Cal. App. 4th 242, 247. The burden is on the complainant to show in what manner and how that amendment will change the legal effect of the pleading. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Plaintiffs allegations of alter ego in the TAC are found at ¶ 3 and 6. These allegations are identical to the alter ego allegations found at ¶ 3 and ¶6 of the SAC. No additional facts or allegations have been added by Plaintiffs. As discussed, Judge Kim found those allegations deficient as Plaintiff failed to allege any of the ultimate facts showing alter ego liability and failed to allege unity of interest, domination and control, inadequate capitalization. (January 23, 2024 Minute Order). In sum, Plaintiffs completely failed to amend or modify their operative pleading in any manner or in compliance with Judge Kims ruling. In Plaintiffs opposition, Plaintiffs request leave to amend by suggesting three new facts, previously unknown, support the theory of alter ego between Vollero and Ivory Holdings. These facts are: (1) and (2) on August 16, 2016, two separate Deeds of Trust were recorded against the subject premises with Vollero as the Beneficiary and (3) Vollero, as an individual, performed the alleged remediation of the toxic chemicals which are alleged to have harmed Plaintiffs. Assuming the new facts found in Plaintiffs Opposition are true, Plaintiffs have not met their burden demonstrating how or in what manner these new allegations support of finding that a reasonable possibility exist for Plaintiffs to cure the defects and successfully pled a theory of alter ego. (Reeder v. Specialized Loan Servicing LLC (2020) 52 Cal.App.5th 795, 805.) These additional facts show no connection between Vollero and Ivory Holdings. Even with the inclusion of those three allegations, Plaintiffs operative pleading would fail to allege any of the ultimate facts showing an alter ego theory as set forth in Rutherford (e.g. allegations of unity of interest, domination and control, inadequate capitalization). 4. Ruling The Court sustains Defendant Volleros Demurrer without leave to amend. Defendant Volleros motion to strike is now moot.
Ruling
Luis Kutz, et al vs Jennifer Fribourgh, et al
Jul 11, 2024 |
23CV01711
23CV01711
KUTZ et al. v. FRIBOURGH et al.
(UNOPPOSED) PLAINTIFFS’ MOTIONS TO BE RELIEVED
The unopposed motions are denied without prejudice. Counsel must refile to reflect
correct upcoming hearing dates in the declarations and proposed orders.
Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal order
incorporating, verbatim, the language of any tentative ruling – or attaching and incorporating the
tentative by reference - or an order consistent with the announced ruling of the Court, in
accordance with California Rule of Court 3.1312. Such proposed order is required even if the
prevailing party submitted a proposed order prior to the hearing (unless the tentative is
simply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition of
sanctions following an order to show cause hearing, if a proposed order is not timely filed.
Page 1 of 1
Ruling
Dryden, Donna vs Tri Counties Bank
Jul 10, 2024 |
23CV03115
23CV03115 Dryden, Donna et al. v. Tri Counties Bank
EVENT: Plaintiffs’ Motion to Consolidate and Appoint Interim Class Counsel
Plaintiffs’ Motion to Consolidate and Appoint Interim Class Counsel is GRANTED. Defendant
shall file a responsive pleading within 60 days of the date of this order. The Court will sign the
proposed order with the noted modification.
Document
Patrick Strickland v. W.I.P. Club, Inc., Barry Mullineaux, Collective Hardware, Inc., John Bakhishi, Lina Kay, Hirukuni Sai, John C. Best, Frank Porco, Merlin Bobb-Willis, 150 Rft Varick Corp., 150 Rft Varick Basement Llc, W. & M. Operating, L.L.C., Aubrey Graham Drake a/k/a DRAKE, Allstar Security & Consulting, Inc., Christopher Maurice Brown a/k/a CHRIS BROWN
Apr 08, 2013 |
Anil Singh
|
Tort |
Tort |
153185/2013
Document
Melania Rodriguez and RYAN LUNT, as Parents and Natural Guardians of Z.L, Melania Rodriguez, Ryan Lunt Individually v. Nicholas James Buffin M.D., Valerie Lewis-Morris M.D., Emily Schmidt-Beuchat M.D., Hope S. Langer M.D., Youyin Choy M.D., Lois Brustman M.D., Susan Rothenberg M.D., Helaine Worrell M.D., Mount Sinai West, West Care Medical, P.C.,, Faculty Practice Associates-Mount Sinai Hospital,, Midtown Ob/Gyn
Mar 15, 2021 |
John J. Kelley
|
Torts - Medical, Dental, or Podiatrist Malpractice |
Torts - Medical, Dental, or Podiatrist Malpractice |
805086/2021
Preview
FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 INDEX NO. 162502/2015 FILED: NYSCEF DOC.NEWNO. YORK 39 COUNTY CLERK 12/08/2015 10:35 AM| RECEIVED NYSCEF: 03/09/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/08/2015 No..' No.: SUPREME COURT OF THE STATE OF NEW YORK Index COUNTY OF NEW YORK Purchased: Date -------------------------------------------X SUMMONS GREGORY WELCH AND PRISCILLA WELCH, Plaintiff designates New York Plaintiffs, as the place of trial. County -against- The basis of venue is: Defendant's Place of Business 260-261 MADISON AVENUE LLC, SKYLIFT CONTRACTOR CORP. AND BAY CRANE SERVICE INC., at: Plaintiff resides 42 Opal Street Defendants, New Elmont, York --------------------------------------------X County of Queens To the above named Defendants You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, of if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff'sattorney(s) within twenty days after the services of this ummons exclusive of the day of service, where service is made by delivery upon you personally, it in the state, or within30 days after completion of service where service is made in any other man er. In case of your failure to appear or answer, judgment will be taken against you by default fo the relief demanded in the complaint, DATED: New York, New York December 04, 2015 JAY It NE 11 LAW FICES OF JAY H. TANENBAUM Attorney for Plaintiffs 14 - Suite 5F Wall Street New York, New York 10005 (212) 422-1765 Our File 0 555-15J-0044 FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 TO: 260-261 Madison Avenue LLC - 27* 261 Madison Avenue 27 Floor New York, New York 10016 Skylift Contractor Corp. 24 Greenpoint Avenue Brooklyn, New York 11222 Bay Crane Service Inc. 11-02 43 Avenue Long Island City, New York 11101 FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______________________________________------X GREGORY WELCH AND PRISCILLA WELCH, Plaintiffs, VERIFIED COMPLAINT -against- No.' Index No.: 260-261 MADISON AVENUE LLC, SKYLIFT CONTRACTOR CORP. AND BAY CRANE SERVICE INC.,, Defendants, --------------------------------------------X Plaintiffs, by their attorney, LAW OFFICES JAY H. TANENBAUM, complaining of the follows' Defendants, respectfully alleges, upon information and belief, as follows: 1. That at the time of the commencement of this action, Plaintiffs resided in the County of Queens, City and State of New York. 2. This action falls within one or more of the exceptions set forth in CPLR §1602 (2)(iv), (7),4 (1 1). 3, That at the time of the commencement of this action, Defendant 260-261 MADISON AVENUE LLC, was, and still is a domestic corporation, organized and existing under and by virtue of the laws of the State of New York. 4. That at the time of the commencement of this action, Defendant 260-261 MADISON AVENUE LLC, was, and stillis a company, organized and existing under and by Nev. virtue of the laws of the State of York, FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 5. That at the time of the commencement of this action, the Defendant 260-261 MADISON AVENUE LLC, was and stillis a foreign corporation duly authorized to do business in the State of New York 6. That at the time of the commencement of this action, the Defendant 260-261 MADISON AVENUE LLC, was and still is a domestic limited liabilitycorporation duly authorized to do business in the State of New York. 7. That at the time of the commencement of this action, the Defendant 260-261 MADISON AVENUE LLC, was and still is a foreign limited liability corporation duly authorized to do business in the State of New York. ol' 8. That at the time of the commencement of this action, the Defendant 260-261 MADISON AVENUE LLC, was and stillis a nonprofit corporation duly authorized to do business in the State of New York. 9. That at the time of the commencement of this action, the Defendant 260-261 MADISON AVENUE LLC, maintained a principal place of business in the County of New York, City and State of New York. 260- 10. That at the time of the commencement of this action, the Defendant, 261 MADISON AVENUE LLC , was, and stillis,a resident of the State of New York it. That at the time of the commencement of this action. Defendant SKYLIFT CONTRACTOR CORP., was, and still is a domestic business corporation, organized and existing under and by virtue of the laws of the State of New York. FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 12. That at the time of the commencement of this action, Defendant SKYLIFT CONTRACTOR CORP., was, and stillis a company, organized and existing under and by virtue of the laws of the State of New York. ol' 13. That at the time of the commencement of this action, the Defendant SKYLIFT CONTRACTOR CORP., was and still is a foreign corporation duly authorized to do business in the State of NewYork of' 14. That at the time of the commencement of this action, the Defendant SKYLIFT CONTRACTOR CORP., was and stillis a domestic limited liabilitycorporation duly authorized to do business in the State of New York. 15. That at the time of the commencement of this action, the Defendant SKYLIFT CONTRACTOR CORP., was and stillis a foreign limited liabilitycorporation duly authorized to do business in the State of New York. 16, That at the time of the commencement of this action, the Defendant SKYLIFT CONTRACTOR CORP., was and stillis a nonprofit corporation duly authorized to do business in the State of New York. 17. That at the time of the commencement of this action. the Defendant SKYLIFT CONTRACTOR CORP., maintained a principal place of business in the County of New York, City and State of NewYork. 18. That at the time of the commencement of this action, the Defendant, SKYLIFT CONTRACTOR CORP., was, and stillis,a resident of the State of New York FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 19. That at the time of the commencement of this action, Defendant BAY CRANE SERVICEINC., was, and stillis a domestic business corporation, organized and existing under and by virtue of the laws of the State of New York. 20. That at the time of the commencement of this action, Defendant BAY CRANE SERVICE INC., was, and stillis a company, organized and existing under and by virtue of the laws of the State of New York. 21. That at the time of the commencement of this action, the Defendant BAY CRANE SERVICE INC., was and stillis a foreign corporation duly authorized to do business in the State of New York 22. That at the time of the commencement of this action, the Defendant BAY CRANE SERVICE INC., was and stillis a domestic limited liability corporation duly authorized to do business in the State of New York. 23. That at the time of the commencement of this action, the Defendant BAY CRANE SERVICE INC., was and still is a foreign limited liability corporation duly authorized to do business in the State of New York. 24. That at the time of the commencement of this action, the Defendant BAY CRANE SERVICE INC,, was and stillis a nonprofit corporation duly authorized to do business in the State of New York. 25. That at the time of the commencement of this action, the Defendant BAY CRANE SERVICE INC., maintained a principal place of business in the County of New York, City and State of Nev' York. FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 26. That at the time of the commencement of this action, the Defendant, BAY CRANE SERVICE INC. , was, and stillis,a resident of the State of New York AS AND FOR A FIRST CAUSE OF ACTION AS AGAINST DEFENDANT 260-261 MADISON AVENUE LLC 27. The Plaintiffs repeat and reiterate all of the foregoing paragraphs with the same force and effect as if set forth herein. 28. That on May 31, 2015, the Defendant, 260-261 MADISON AVENUE LLC owned the premises and/or building located at 261 Madison Avenue, New York, New York. 29. That on May 31, 2015, the Defendant, 260-261 MADISON AVENUE LLC occupied the premises and/or building located at 261 Madison Avenue, New York, NewYork 10016. 30. That on May 31, 2015, the Defendant, 260-261 MADISON AVENUE LLC controlled the premises and/or building located at261 MadisonAvenue,NewYork, New York. 31. That on May 31, 2015, the Defendant, 260-261 MADISON AVENUE LLC maintained the premises and/or building located at 261 Madison Avenue, New York, New York. 32. That at all times hereinafter mentioned, Defendant, 260-261 MADISON AVENUELLC, is the owner of and in possession and control of, and through its agents, servants and/or employees had full power and authority to manage, conduct, maintain and control of the premises and building located at 261 Madison Avenue, New York, New York. 33. That on May 31, 2015, the Defendant, 260-261 MADISON AVENUE LLC entered into an agreement, written and/or otherwise, for the purposes of managing, erection' supervising and overseeing the general construction; erection; .renovation, 'repair; creation of the construction site for premises 261 Madison Avenue, Ncw York, New York. FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 34. That at all times herein mentioned, the Defendant, 260-261 MADISON AVENUE LLC subcontracted with Defendants named hereinto perform certain construction work, at the construction site for premises and/or building located at 261 Madison Avenue, New York. New York, 35. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant 260-261 MADISON AVENUE LLC to maintain the premises and/or building located at 261 Madison Avenue, New York, New York, in a reasonable safe condition. 36. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant 260-261 MADISON AVENUE LLC to maintain the premises and building located at 261 Madison Avenue, New York, New York, in a reasonably safe condition, good repair, free from defects, hazards or dangerous conditions. 37. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant 260-261 MADISON AVENUE LLC to ensure that any repair, renovation, construction for the premises and/or building located at 261 Madison Avenue, New York, New York, was performed in a reasonably safe manner, free from defects, hazards or dangerous conditions. 38. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant 260-261 MADISON AVENUE LLC to ensure that any equipment used for repair, renovation, construction for the premises located at 261 Madison Avenue, New York, New York, was free from defects, hazards or dangerous conditions. 39. That the Defendant, 260-261 MADISON AVENUE LLC, its agents, servants and/or employees, were negligent in that they breached such duty. 40. That the Defendant, 260-261 MADISON AVENUE LLC was negligent in the ownership, operation, management, control, maintenance, repair and/or construction FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 of the aforesaid premises, that on May 31, 2015 the aforesaid premises and/or building were in a dangerous and defective condition. 41. That the Defendant, 260-261 MADISON AVENUE LLC was negligent in the ownership, operation, management, control, maintenance, repair and of the equipment used for the construction, repair renovation on the aforesaid premises and/or building, that on May 31, 2015 the aforesaid equipment was in a dangerous and defective condition. 42. That at all times herein mentioned, the Defendant, 260-261 MADISON AVENUE LLC, knew or should have known about the dangerous, hazardous, defective and trap-like condition and failed to repair, warn and/or take proper precautions to protect persons properly and lawfully on or around the aforesaid premises and more particularly the plaintiff herein. 43. That the Defendant, 260-261 MADISON AVENUE LLC, its servants, agents and/or employees had actual and/or constructive notice of the aforesaid dangerous and defective condition. 44. That, upon information and belief, Defendant 260-261 MADISON AVENUE LLC had actual notice of this defective condition for at least fifteen (15) days prior to May 31, 2015. 45. That on May 31, 2015 Plaintiffs, GREGORY WELCH and PRISCILLA WELCH were lawfully driving in the area about the premises and building located at 261 Madison Avenue, New York, New York. 46. That on May 31, 2015, Plaintiff GREGORY WELCH was lawfully about the aforesaid premises and/or building when he was caused to sustain serious and permanent injuries, when a crane dropped a heating and air conditioning unit, sending glass, metal and concrete on plaintiff'svehicle. 47. That on May 31, 2015, Plaintiff PRISCILLA WELCH was lawfully about the aforesaid premises and/or building when she was caused to sustain serious and permanent injuries, when a crane dropped a heating and air conditioning unit, sending glass, metal and concrete on plaintiff'svehicle. FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 48. The above mentioned occurrence and the results thereof, were caused by the Defendants' negligence of the Defendants and/or said agents, servants, employees and/or licensees in the ownership, operation, management, maintenance and control of the aforesaid premises. 49. That no negligence on the part of the Plaintiffs contributed to the occurrence alleged herein in any manner whatsoever. 50. That because of the above stated premises, Plaintiff, GREGORY WELCH, was anguish' caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permanent: and as a result of said injuries Plaintiff has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a further result. Plaintiff was, and will continue to be, rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant loss therefrom, 51. That because of the above stated premises, Plaintiff, PRISCILLA WELCH, was caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries Plaintiff has attention,' been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a further result, Plaintiff was, and will continue to be, rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant loss therefrom. 52. That by reason of the foregoing, Plaintiffs were damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION AS AGAINST DEFENDANTSKYLIFTCONTRACTORCORP. 53, The Plaintiffs repeat and reiterate all of the foregoing paragraphs with the same force and effect as if set forth herein. FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 54, That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP. owned the premises and/or building located at 261 Madison Avenue, New York, New York . SKYLIFI' 55. That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP. occupied the premises and/or building located at 261 Madison Avenue, New York, New York. 56, That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP, controlled the premises and/or building located at 261 Madison Avenue, New York, New York. 57. That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP. maintained the premises and/or building located at 261 Madison Avenue, New York, New York. 58. That at all times hercinafter mentioned, Defendant, SKYLIFT CONTRACTOR CORP., is the owner of and in possession and control of, and through its agents, servants and/or employees had fullpower and authority to manage, conduct, maintain and control of the premises and/or building located at 261 Madison Avenue, New York, New York. 59. That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP. entered into an agreement, written and/or otherwise, for the purposes of managing, supervising and 'erection' 'repair' overseeing the general construction; erection; renovation; ,renovation, repair; creation .creation of the construction site for premises and/or building 261 Madison Avenue, New York, New York. 60. That on May 31, 2015, the Defendant, SKYLIFT CONTRACTOR CORP. entered into an agreement, written and/or otherwise, for the purposes of performing general construction; erection; renovation; 'creation of the construction site for premises 261 Madison Avenue, New York, New York, 61. That at all times herein mentioned, the Defendant, SKYLIFT CONTRACTOR CORP. subcontracted with Defendants named herein to perform certain construction work, at the construction site for premises and/or building located at 261 Madison Avenue, New York, New York. 62. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant SKYLIFT CONTRACTOR CORP, to maintain the premises and/or building located at 261 Madison Avenue, New York, New York, in a reasonably safe condition. FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 63. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant SKYLIFTCONTRACTOR CORP. to maintain the premises and/o building located at 261 Madison Avenue, New York, New York, in a reasonably safe condition, good repair, free from defects, hazards or dangerous conditions. 64. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant SKYLIFTCONTRACTOR CORP. to ensure that any repair, renovation, construction for the premises and/or building located at 261 Madison Avenue, New York, New York, was performed in a reasonably safe manner, free from defects, hazards ordangerous conditions. 65. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant SKYLIFT CONTRACTOR CORP, to ensure that any equipment used for repair, renovation, construction for the premises locatedat261 MadisonAvenue, New York, New York, was free from defects, hazards or dangerous conditions. 66. That the Defendant, SKYLIFT CONTRACTOR CORP,, its agents, servants and/or employees, were negligent in that they breached such duty, 67. That the Defendant, SKYLIFT CONTRACTOR CORP, was negligent in the ownership, operation, management, control, maintenance, repair and/or construction of the aforesaid premises and building, that on May 31, 2015 the aforesaid premises and/or building were in a dangerous and defective condition. 68, That the Defendant, SKYLIFT CONTRACTOR CORP. was negligent in the ownership, operation, management, control, maintenance, repair and of the equipment used for the construction, repair renovation on the aforesaid premises and/or building, that on May 31, 2015 the aforesaid equipment was in a dangerous and defective condition. FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 69. That at all times herein mentioned, the Defendant, SKYLIFT CONTRACTOR CORP., knew or should have known about the dangerous, hazardous, defective and trap-like condition and failed to repair, warn and/or take proper precautions to protect persons properly and lawfully on or around the aforesaid premises and more particularly the plaintiff herein. 70. That the Defendant, SKYLIFT CONTRACTOR CORP., its servants, agents and/or employees had actual and/or constructive notice of the aforesaid dangerous and defective condition. 71. That, upon information and belief, Defendant SKYLIFT CONTRACTOR CORP. had actual notice of this defective condition for at least fifteen (15) days prior to May 31, 2015. 72. That on May 31, 2015 Plaintiff GREGORY WELCH and PRISCILLA WELCH were lawfully driving inthe area about the premises located at 261 Madison Avenue, New York,New York. 73. That on May 31, 2015, Plaintiff GREGORY WELCH was lawfully about the aforesaid premises when he was caused to sustain serious and permanent injuries, when a crane dropped a heating and air conditioning unit sending glass, metal and concrete on plaintiff' s motor vehicle. 74. That on May 31, 2015, Plaintiff PRISCILLA WELCH was lawfully about the aforesaid premises when she was caused to sustain serious and permanent injuries, when a FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 licenses in the ownership, operation, management, maintenance and control of the aforesaid premises. 76, That no negligence on the part of the Plaintiffs contributed to the occurrence alleged herein in anymanner whatsoever. 77, That because of the above stated premises, Plaintiff GREGORY WELCH were caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries Plaintiff has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a further result, Plaintiff was, and will continue to be, rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant loss therefrom. 78. That because of the above stated premises, Plaintiff PRISCILLA WELCH were caused to sustain serious injuries and to have suffered pain, anguish' shock and mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries Plaintiff has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a further result, Plaintiff was, and will continue to be, rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant loss therefrom. 79. That by reason of the foregoing, Plaintiffs were damaged in a sum which exceeds the jurisdictional limits o[ all lov er courts which would otherwise have jurisdiction. FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 AS AND FOR A THIRD CAUSE OF ACTION AS AGAINST DEFENDANT BAY CRANE SERVICE INC. 80. The Plaintiffs repeat and reiterate all of the foregoing paragraphs with the same force and effect as if set forth herein. 81. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. owned the premises and/or building located at 261 Madison Avenue, New York, New York. 82. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. occupied the premises and/or building located at 261 Madison Avenue, New York, NewYork. 83. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. controlled the premises and/or building located at 261 Madison Avenue, New York, New York. 84. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. maintained the premises and/or building located at 261 Madison Avenue, New York, New York. 85. That at all times hereinafter mentioned, Defendant, BAY CRANE SERVICE INC., is the owner of and in possession and control of, and through its agents, servants and/or employees had full power and authority to manage, conduct, maintain and control of the premises and/or building located at 261 Madison Avenue, New York, New York , 86, That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. entered into an agreement, written and/or otherwise, for the purposes of managing, supervising and overseeing the general construction; erection; renovation; repair; creation of the construction site for premises and/or building 261 Madison Avenue, New York, New York. 87. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. entered into an agreement, written and/or otherwise, for the purposes of performing general construction; renovation' ,repair,' erection; renovation; repair; creation of the construction site for premises 261 Madison Avenue, New York, New York. 88. That on May 31, 2015, the Defendant, BAY CRANE SERVICE INC. entered into an agreement, written and/or otherwise, for the purposes of providing construction equipment construction' renovation,' repair' including cranes for the general construction; erection; ,erection', renovation; repair; creation ,creation of the construction site for premises 261 Madison Avenue, New York, New York 10016, FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 89. That at all times herein mentioned, the Defendant, BAY CRANE SERVICE INC. subcontracted with Defendants named herein to perform certain construction work, at the construction site for premises located at 261 Madison Avenue, New York, New York 10016. 90. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant BAY CRANE SERVICE INC. to maintain the premises located at 261 Madison Avenue, New York, New York 10016, in a reasonably safe condition. 91. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant BAY CRANESERVICEINC. to maintain the premises located at 261 Madison Avenue, New York, New York 10016, in a reasonably safe condition, good repair, free from defects, hazards or dangerous conditions. FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 92. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant BAY CRANE SERVICE INC. to ensure that any repair, renovation, construction for the premises located at 261 Madison Avenue, New York, New York 10016, was performed in a reasonably safe manner, free from defects, hazards or dangerous conditions. 93. That on May 31, 2015, and at all times herein mentioned, it was the duty of Defendant BAY CRANE SERVICE INC. to ensure that any equipment used for repair, renovation, construction for the premises located at 261 Madison Avenue, New York, New York 10016, was free from defects, hazards or dangerous conditions, 94. That the Defendant, BAY CRANE SERVICE INC., itsagents, servants and/or employees, were negligent inthat they breached such duty. 95. That the Defendant, BAY CRANE SERVICE INC. was negligent in the ownership, operation, management, control, maintenance, repair and/or construction of the aforesaid premises, that on May 31, 2015 the aforesaid premises were in a dangerous and defective condition. 96. That the Defendant, BAY CRANE SERVICE INC. was negligent in the ownership, operation, management, control, maintenance, repair and of the equipment used for the construction, repair renovation on the aforesaid premises, that on May 31, 2015 the aforesaid equipment was in a dangerous and defective condition. 97. That at all times herein mentioned, the Defendant, BAY CRANE SERVICE INC., knew or should have known about the dangerous, hazardous, defective and trap-like condition and failed to repair, warn and/or take proper precautions to protect persons properly and lawfully on or around the aforesaid premises and more particularly the plaintiff herein. FILED: NEW YORK COUNTY CLERK 03/09/2018 01:39 PM INDEX NO. 162502/2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/09/2018 98. That the Defendant, BAY CRANE SERVICE INC., its servants, agents and/or employees had actual and/or constructive notice of the aforesaid dangerous and defective condition. 99. That, upon information and belief, Defendant BAY CRANE SERVICEINC. ha