Preview
FILED: KINGS COUNTY CLERK 07/01/2021 01:53 PM INDEX NO. 514130/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ANTHONY DYER and BARBARA-ANN DYER, VERIFIED AMENDED
COMPLAINT
Plaintiff(s),
-against-
Index No.: 514130/2021
886 BROADWAY LLC and BLUSTONE CONTRACTING
LLC,
Defendant(s).
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Plaintiff, complaining of the defendants, by his attorneys, SACKS & SACKS, LLP,
respectfully alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF
OF PLAINTIFF, ANTHONY DYER
FIRST: That at all times herein mentioned, defendant, 866 BROADWAY
LLC was and still is a domestic limited liability company duly organized and existing under and
by virtue of the laws of the State of New York.
SECOND: That at all times herein mentioned, defendant, BLUSTONE
CONTRACTING LLC was and still is a domestic limited liability company duly authorized to
conduct business in the State of New York.
THIRD: That at all times herein mentioned, defendant, 866 BROADWAY LLC was
and still is the owner of the premises under construction located at 886 Broadway, more
specifically on the 2nd floor, in the Borough of Kings, City and State of New York.
FOURTH: That at all times herein mentioned, defendant, BLUSTONE
CONTRACTING LLC was in the business of providing general contracting services and was the
general contractor at the aforesaid premises.
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FIFTH: That at all times herein mentioned, defendant, BLUSTONE
CONTRACTING LLC was in the business of providing construction management services and
was the construction manager at the aforesaid premises.
SIXTH: That at all times herein mentioned, defendant, 866 BROADWAY LLC
retained BLUSTONE CONTRACTING LLC for BLUSTONE CONTRACTING LLC to act
as general contractor and/or construction manager at the aforesaid premises.
SEVENTH: That at all times herein mentioned, defendant, BLUSTONE
CONTRACTING LLC entered into a subcontract with International Concrete for International
Concrete to perform work, labor and services at the aforesaid premises.
EIGHTH: That on the 9th day of February, 2021, while plaintiff, ANTHONY DYER
was lawfully upon the aforesaid premises as an employee of the aforesaid International Concrete
he was caused to sustain serious and severe injuries.
NINTH: The occurrence as aforesaid was caused solely and wholly by reason of the
negligence, carelessness and recklessness of the defendants, their contractors, agents and
employees who were negligent in the ownership, operation, management and control of the
aforesaid premises. While plaintiff was lawfully performing his duties, he was caused to sustain
serious and severe injuries when he was caused to trip and slip on dirt, concrete, debris refuse,
causing claimant to fall and sustain serious and severe injuries. Defendants, their contractors,
agents and employees failed to provide bending machines that were properly constructed, placed,
operated and maintained further allowed the surface work are to be cluttered with demolished
concrete, dirt, debris and other refuse making it impossible for claimant to perform his tasks;
further, failed to have proper cutoff switches on dangerous and hazardous machinery; further failed
to man the jobsite sufficient with laborers to keep up with the cleanup of dirt, debris and refuse;
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further violated Sections 200, 240 and 241(6) of the Labor Law of the State of New York, Rule 23
of the Industrial Code of the State of New York, specifically, but not limited to: 23-1.5, 23-1.7,
23-1.8, 2301.10, 23-1.12, 23-1.13, 23-2.1, 23-2.2, 23-3 Article 1926 of O.S.H.A. and was
otherwise negligent careless and reckless, causing plaintiff to sustain serious and severe injuries.
TENTH: Plaintiff was free from comparative fault.
ELEVENTH: As a result of the aforesaid occurrence plaintiff was rendered sick, sore,
lame and disabled, was confined to bed and home; was caused to expend large sums of money for
medical aid and attention and has been prevented from attending his usual occupation and/or
avocation for a long period of time.
TWELFTH: The monetary damages sustained by plaintiff exceed the jurisdictional
limitations of all lower courts which would otherwise have had jurisdiction.
WHEREFORE, the plaintiff demands relief against the defendants for conscious pain and
suffering, loss of enjoyment of life, medical expenses, past and future, lost wages and union
benefits, past and future, and all other recoverable items under New York State law.
AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF
OF PLAINTIFF, BARBARA-ANN DYER
THIRTEENTH: Plaintiff, BARBARA-ANN DYER, repeats, reiterates and realleges
each and every allegation contained in Paragraphs “FIRST” through “TWELFTH” with the same
force and effect as if herein fully set forth at length.
FOURTEENTH: That at all times herein mentioned, plaintiff, BARBARA-ANN
DYER, is the wife of ANTHONY DYER, and resides with him.
FIFTEENTH: By reason of the occurrence as aforesaid and the injuries sustained by the
plaintiff, ANTHONY DYER, the plaintiff, BARBARA-ANN DYER, lost the support, services,
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love, companionship, affection, society, sexual relations, solace of her husband, the plaintiff,
ANTHONY DYER, and her happiness in his society has been impaired.
SIXTEENTH: The amount of damages sought by plaintiff, BARBARA-ANN DYER
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
WHEREFORE, plaintiff, BARBARA-ANN DYER, demands relief against the
defendants herein.
SACKS & SACKS, LLP
Attorneys for Plaintiff(s)
Office & P.O. Address:
150 Broadway - 4th Floor
New York, New York 10038
(212) 964-5570
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ATTORNEY'S VERIFICATION BY AFFIRMATION
I, Lyaman Khashmati , am an attorney duly admitted to practice in the courts of New
York State, and say that: I am the attorney of record, or of counsel with the attorney(s) of record,
for the plaintiff(s), I have read the annexed SUPPLEMENTAL SUMMONS AND VERIFIED
AMENDED COMPLAINT know the contents thereof and the same are true to my knowledge,
except those matters therein which are stated to be alleged on information and belief, and as to
those matters I believe them to be true. My belief, as to those matters therein not stated upon
knowledge, is based upon the following: facts, investigations and pertinent data contained in
deponent's file.
The reason I make this affirmation instead of plaintiff is because plaintiff(s) reside in a
County other than where deponent maintains his office.
Dated: New York, New York
July 1, 2021
Lyaman Khashmati
________________________________
Lyaman Khashmati, ESQ.
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Preview
FILED: KINGS COUNTY CLERK 07/01/2021 01:53 PM INDEX NO. 514130/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------------x ANTHONY DYER and BARBARA-ANN DYER, VERIFIED AMENDED COMPLAINT Plaintiff(s), -against- Index No.: 514130/2021 886 BROADWAY LLC and BLUSTONE CONTRACTING LLC, Defendant(s). ---------------------------------------------------------------------------x Plaintiff, complaining of the defendants, by his attorneys, SACKS & SACKS, LLP, respectfully alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF, ANTHONY DYER FIRST: That at all times herein mentioned, defendant, 866 BROADWAY LLC was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. SECOND: That at all times herein mentioned, defendant, BLUSTONE CONTRACTING LLC was and still is a domestic limited liability company duly authorized to conduct business in the State of New York. THIRD: That at all times herein mentioned, defendant, 866 BROADWAY LLC was and still is the owner of the premises under construction located at 886 Broadway, more specifically on the 2nd floor, in the Borough of Kings, City and State of New York. FOURTH: That at all times herein mentioned, defendant, BLUSTONE CONTRACTING LLC was in the business of providing general contracting services and was the general contractor at the aforesaid premises. 1 of 5 FILED: KINGS COUNTY CLERK 07/01/2021 01:53 PM INDEX NO. 514130/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/01/2021 FIFTH: That at all times herein mentioned, defendant, BLUSTONE CONTRACTING LLC was in the business of providing construction management services and was the construction manager at the aforesaid premises. SIXTH: That at all times herein mentioned, defendant, 866 BROADWAY LLC retained BLUSTONE CONTRACTING LLC for BLUSTONE CONTRACTING LLC to act as general contractor and/or construction manager at the aforesaid premises. SEVENTH: That at all times herein mentioned, defendant, BLUSTONE CONTRACTING LLC entered into a subcontract with International Concrete for International Concrete to perform work, labor and services at the aforesaid premises. EIGHTH: That on the 9th day of February, 2021, while plaintiff, ANTHONY DYER was lawfully upon the aforesaid premises as an employee of the aforesaid International Concrete he was caused to sustain serious and severe injuries. NINTH: The occurrence as aforesaid was caused solely and wholly by reason of the negligence, carelessness and recklessness of the defendants, their contractors, agents and employees who were negligent in the ownership, operation, management and control of the aforesaid premises. While plaintiff was lawfully performing his duties, he was caused to sustain serious and severe injuries when he was caused to trip and slip on dirt, concrete, debris refuse, causing claimant to fall and sustain serious and severe injuries. Defendants, their contractors, agents and employees failed to provide bending machines that were properly constructed, placed, operated and maintained further allowed the surface work are to be cluttered with demolished concrete, dirt, debris and other refuse making it impossible for claimant to perform his tasks; further, failed to have proper cutoff switches on dangerous and hazardous machinery; further failed to man the jobsite sufficient with laborers to keep up with the cleanup of dirt, debris and refuse; 2 of 5 FILED: KINGS COUNTY CLERK 07/01/2021 01:53 PM INDEX NO. 514130/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/01/2021 further violated Sections 200, 240 and 241(6) of the Labor Law of the State of New York, Rule 23 of the Industrial Code of the State of New York, specifically, but not limited to: 23-1.5, 23-1.7, 23-1.8, 2301.10, 23-1.12, 23-1.13, 23-2.1, 23-2.2, 23-3 Article 1926 of O.S.H.A. and was otherwise negligent careless and reckless, causing plaintiff to sustain serious and severe injuries. TENTH: Plaintiff was free from comparative fault. ELEVENTH: As a result of the aforesaid occurrence plaintiff was rendered sick, sore, lame and disabled, was confined to bed and home; was caused to expend large sums of money for medical aid and attention and has been prevented from attending his usual occupation and/or avocation for a long period of time. TWELFTH: The monetary damages sustained by plaintiff exceed the jurisdictional limitations of all lower courts which would otherwise have had jurisdiction. WHEREFORE, the plaintiff demands relief against the defendants for conscious pain and suffering, loss of enjoyment of life, medical expenses, past and future, lost wages and union benefits, past and future, and all other recoverable items under New York State law. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF, BARBARA-ANN DYER THIRTEENTH: Plaintiff, BARBARA-ANN DYER, repeats, reiterates and realleges each and every allegation contained in Paragraphs “FIRST” through “TWELFTH” with the same force and effect as if herein fully set forth at length. FOURTEENTH: That at all times herein mentioned, plaintiff, BARBARA-ANN DYER, is the wife of ANTHONY DYER, and resides with him. FIFTEENTH: By reason of the occurrence as aforesaid and the injuries sustained by the plaintiff, ANTHONY DYER, the plaintiff, BARBARA-ANN DYER, lost the support, services, 3 of 5 FILED: KINGS COUNTY CLERK 07/01/2021 01:53 PM INDEX NO. 514130/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/01/2021 love, companionship, affection, society, sexual relations, solace of her husband, the plaintiff, ANTHONY DYER, and her happiness in his society has been impaired. SIXTEENTH: The amount of damages sought by plaintiff, BARBARA-ANN DYER exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, plaintiff, BARBARA-ANN DYER, demands relief against the defendants herein. SACKS & SACKS, LLP Attorneys for Plaintiff(s) Office & P.O. Address: 150 Broadway - 4th Floor New York, New York 10038 (212) 964-5570 4 of 5 FILED: KINGS COUNTY CLERK 07/01/2021 01:53 PM INDEX NO. 514130/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/01/2021 ATTORNEY'S VERIFICATION BY AFFIRMATION I, Lyaman Khashmati , am an attorney duly admitted to practice in the courts of New York State, and say that: I am the attorney of record, or of counsel with the attorney(s) of record, for the plaintiff(s), I have read the annexed SUPPLEMENTAL SUMMONS AND VERIFIED AMENDED COMPLAINT know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: facts, investigations and pertinent data contained in deponent's file. The reason I make this affirmation instead of plaintiff is because plaintiff(s) reside in a County other than where deponent maintains his office. Dated: New York, New York July 1, 2021 Lyaman Khashmati ________________________________ Lyaman Khashmati, ESQ. 5 of 5