Preview
FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/24/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NOTICE OF SERVICE
X
UPON THE SECRETARY
ANTONIO ESPINOSA,
OF STATE
Plaintiff,
Index No.:515277/2018
-against-
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS,
INC.,
Defendant.
--------------- ¬-------------------------- X
PLEASE TAKE NOTICE, that service of the annexed Summons & Verified Coiliplaliit
has been made upon on the below named defendants by service of process upon the Secretary of
State for the State of New York.
Dated: BRONX, NEW YORK
August 17, 2018
Defendant's address:
MAC 60 LLC
2nd
3004 Avenue L, Floor
Brooklyn, NY 11210
. Nonnenmacher, Esq.
ORESKY & ASSOCIATES, PLLC
ROYAL HOME IMPROVEMENTS, INC.
2nd Attorney for Plaintiff
3004 Avenue L, FlOOr
ANTONIO ESP1NOSA
Brooklyn, NY 11210
149 East 149th Street
Bronx, New York 10451
(718) 993-9999
Our File #: 18-1005
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COUNTYDOC. NO. 4
OF KINGS SUPREME COURT OF THE STATE OF NEW YORK RECEIVED
# 35643H NYSCEF: 08/24/2018
ANTONIO ESPINOSA,
Plaintiff(s) INDEX# 515277/4 8
against Date filed 7/26/20
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC.,
Defendant(s)
STATE OF NEW YORK COUNTY OF ALBANY 2018005305
SECRETARY OF STATE - AFFIDAVIT OF SERVICE
ALEX SCHETTINO being duly sworn, deposes and says that deponent is not a party to this action, is over the age of 18
years and has a principal place of business in the County of Albany, State of New York. That on 8/14/2018 at 2:46 PM, at the
office of the Secretary of State, of the State of New York in the City of Albany, New York at 99 Washington Avenue, he/she
served a true copy of a
NOTICE OF ELECTRONIC FILING, SUMMONS AND VERIFIED COMPLAINT,
on ROYAL HOME IMPROVEMENTS, INC., Defendant in this action.
By delivering to and leaving with SUE ZOUKY, authorized agent in the office of the Séúiétary of the State, State of New York,
perscñally at the office of the Secretary of State, of the State of New York, two (2) true copies thereof and that at the time of
making such service, depañêñt paid said Secretary of State a fee of $40.00, unless exempt by law. That said service was
made pursuant to Section 306 BCL
Bearing Index Number and Filing Date endorsed thereon.
[ ] Deponent additicñally served upon the above named defendant one (1) true copy of the RPAPL SEC. 1303 Homeowñér's
Foreclosure Notice which was printed in bold, 14 point font size and printed on cc|cred paper which is a color other than said
pleading
Description Description of the Recipient is as follows:
A Female with White skin, Brown hair, who is approximately 48 years of age
5' 2"
and has an approximate height of and approximate weight of 135 pounds.
Other identifying features are as follows: None.
ALEX SCHETTINÔ
Process Server
State of New York
County of Albany
Sworn to before me on Thi 15 day of August 2 38
Michelle M. Santspree Emily M. Corbett
-'
_(Zg' Notary Public, State of New York Notary Public, State of New York
. NO. 01SA5047611 No. 01CO6299470
Nõtary Publ ~- mily M. Corbett Qualfled in Albany County Qualified in Albany County
Commission Expires August 7, 2021 Commissior, Expires March 24, 2022
ELITE LEGAL SERVICES OF NY, INC. - 16-03 FRANCES LEWIS BLVD - WHITESTONE, NY 11357 - 718-831-9060
2 of 17
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COUNTYDOC. NO. 4
OF KINGS SUPREME COURT OF THE STATE OF NEW YORK RECEIVED
# 35642H NYSCEF: 08/24/2018
ANTONIO ESPINOSA,
Plaintiff(s) INDEX# 51527
against Date filed 7/26/ 18
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC.,
Defendant(s)
STATE OF NEW YORK COUNTY OF ALBANY 2018005304
SECRETARY OF STATE - AFFIDAVIT OF SERVICE
ALEX SCHETTINO being duly sworn, depases and says that depóñéñt is not a party to this action, is over the age of 18
years and has a principal place of business in the County of Albany, State of New York. That on 8/14/2018 at 2:46 PM, at the
office of the Secretary of State, of the State of New York in the City of Albany, New York at 99 Washington Avenue, he/she
served a true copy of a
NOTICE OF ELECTRONIC FILING, SUMMONS AND VERIFIED COMPLAINT,
on MAC 60 LLC, Defendant in this action.
By delivering to and leaving with SUE ZOUKY, authorized agent in the office of the Secretary of the State, State of New York,
personally at the office of the Secretary of State, of the State of New York, two (2) true copies thereof and that at the time of
making such service, deponent paid said Secretary of State a fee of $40.00, unless exempt by law. That said service was
made pursuant to Section 303 LLC
Bearing Index Number and Filing Date endorsed thereon.
[ ] Deponent additicñally served upon the above named defendant one (1) true copy of the RPAPL SEC. 1303 Homeswñer's
Forec!osure Notice which was printed in bold, 14 point font size and printed on caleréd paper which is a color other than said
pleading
Description Description of the Recipient is as fo!!ows:
A Female with White skin, Brown hair, who is approximately 48 years of age
5' 2"
and has an appicximate height of and approximate weight of 135 pounds.
Other identifying features are as follows: None.
ALEX%CFIETTINO
Process Server
State of New York
County of Albany
Sworn to before me on This day of August 2018
Michelle M. Santspree Emily M. Corbett
Notary Public, State of New York Notary Public, State of New York
NO. 01SA5047611 No. 01CO6299470
otary Pub - ily M. Corbett Qualfied in Albany County Qualified in Albany County
Commission Expires August 7, 2021 Cornmiccian Expires March 24, 2022
ELITE LEGAL SERVICES OF NY, INC. - 16-03 FRANCES LEWIS BLVD - WHITESTONE, NY 11357 - 718-831-9060
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KINGS COUNTY CLERK 07 / 2 6 / 2 018 04 : 3 4 PMl
RECEIVED
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018
SUPREME COURT OF THE STATE OF NEW YORK SUMMONS
COUNTY OF KINGS
Index No.:
-----..----------..------------------------ .-------X
Date Purchased:
ANTONIO ESPINOSA,
Plaintiff designates Kings
Plaintiff, as the place of trial.
County
-against-
The basis of venue is:
Plaintiff's Residence
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, Plaintiff resides at:
INC., 1732 West 1st Street
Brooklyn, NY 11223
Defendants.
County of Kings
------------------------ -----------X
To the above named Defendant(s)
You are hereby summoned to answer the complaint in this action, and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiffs attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or, within 30 days after completion of service where service is made in any other manner.
In case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the complaint.
DATED: Bronx, New York
July 26, 2018
'
ES Y, Q.
ORESK & ASSOCIATES, PLLC
Attorne for Plaintiff
N 10 ESP1NOSA
149 East 149th Street
Bronx, New York 10451
(718) 993-9999
Our File No. 18-1005
1
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[FILED : KINGS 0 7 / 2 6)_2 0 4 : 3 4 PM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018
TO: MAC 60 LLC
2nd
3004 Avenue L, FlOOr
Brooklyn, NY 11210
ROYAL HOME IMPROVEMENTS, INC.
2nd
3004 Avenue L, FlOOT
Brooklyn, NY 11210
2
2 of 12
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|F ILED:
NO. 4 COUNTY CLERK 0 7 /2 6 / 2 018 0 4 : 3 4 W RECEIVED
INDEX NYSCEF:
NO. 08/24/2018
515277/2018
07/26/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------- ----------- X
ANTONIO ESPINOSA,
VERIFIED COMPLAINT
Plaintiff,
Index No.:
-against-
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS,
INC.,
Defendants.
------------------------------..--- ------------.--X
Plaintiff, by his attorneys, ORESKY & ASSOCIATES, PLLC, complaining of the
Defendants, respectfully alleges, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF ANTONIO ESPINOSA
1. That at all times herein mentioned, Plaintiff was, and still is, a resident of the County of
Kings, State of New York.
2. That this action falls within one or more of the exceptions set forth in CPLR §1602.
3. That at all times herein mentioned, Defendant, MAC 60 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.
4. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was and still is a domestic business corporation duly organized and existing under and by
virtue of the laws of the State of New York.
3
3 of 12
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5. That at all times herein mentioned, Defendant, MAC 60 LLC, owned a building and
structure located at 2357 60th Street, Brooklyn, New York 11204.
6. That at all times herein mentioned, Defendant, MAC 60 LLC, was the lessor or lessee of a
building and structure located at 2357 60th Street, Brooklyn, New York 11204.
7. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was the lessor or lessee of a building and structure located at .
8. That at all times herein mentioned Defendant, MAC 60 LLC, operated the aforesaid
building and premises.
9. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
operated the aforesaid building and premises.
10. That at all times herein mentioned, Defendant, MAC 60 LLC, maiñtained the aforesaid
building and premises.
11. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
maintained the aforesaid building and premises.
12. That at all times herein mentioned, Defendant, MAC 60 LLC, managed the aforesaid
building and premises.
13. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
managed the aforesaid building and premises.
14. That at all times herein mentioned, Defendant, MAC 60 LLC, was the managing agent the
of aforesaid building and premises
15. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was the managing agent of the aforesaid building and premises.
4
4 of 12
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|FILED : KINGS 07) 2 6 /2 PMI
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16. That at all times herein mentioned, Defendant, MAC 60 LLC, controlled the aforesaid
building and premises.
17. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
controlled the aforesaid building and premises.
18. That at all times herein mentioned, Defendant, MAC 60 LLC, repaired the aforesaid
building and premises.
19. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
repaired the aforesaid building and premises.
20. That at all times herein mentioned, Defendant, MAC 60 LLC, hired and/or retained the
Defeñdant, ROYAL HOME IMPROVEMENTS, INC., to perform work, labor and/or
services upon premises located at 2357 60th Street, Brooklyn, New York 11204.
21. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendant,
ROYAL HOME IMPROVEMENTS, INC., was hired and/or retained to act as the general
contractor, construction manager, and / or contractor for the work, labor and services upon
the premises located at 2357 60th Street, Brooklyn, New York 11204.
22. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was a contractor performing certain work, labor, and services at the aforesaid premises
23. That at all times herein mentioned, Defendant, MAC 60 LLC, was performing certain work,
labor and services at the aforesaid premises.
24. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was performing certain work, labor and services at the aforesaid premises.
5
5 of 12
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[F1MD: KINGS COUNTY-CLERK 07 /2 6/X018 04134 PM)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018
25. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendants,
their agents, servants and/or employees were engaged in the erection, demolition,
construction, repairing, altering, painting, cleaning or pointing of the premises located at
60th
2357 Street, Brooklyn, NY 11204.
26. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendant,
MAC 60 LLC, hired and/or retained GILMAR DESIGN CORP., to perform work at the
aforesaid premises.
27. That at all times herein mentioned, and on, or prior to, January 11, 2018, Defendant,
ROYAL HOME IMPROVEMENTS, INC., hired and/or retained GILMAR DESIGN
CORP. to perform work at the aforesaid premises.
28. That on January 11, 2018, the Plaintiff, ANTONIO ESPINOSA, was an employee of
GILMAR DESIGN CORP.
29. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendants,
their servants and/or employees were cñgaged in erection,
agents, demolition, construction,
repairing, altering, painting, cleaning or pointing of the premises located at 2357 60th
Street, Brooklyn, New York 11204.
30. That the Defendants, their agents, servants and/or employees had the duty to provide the
Plaintiff with a safe place to work.
31. That the Defendants, their agents, servants and/or employees had the non-delegable duty to
see that the work site was kept reasóüa'oly safe and free of dangers and hazards to those
workers lawfully thereat.
6
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[FILED : KINGS COUNTY CLERK 67 72 6 /2 018
Preview
FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/24/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NOTICE OF SERVICE X UPON THE SECRETARY ANTONIO ESPINOSA, OF STATE Plaintiff, Index No.:515277/2018 -against- MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., Defendant. --------------- ¬-------------------------- X PLEASE TAKE NOTICE, that service of the annexed Summons & Verified Coiliplaliit has been made upon on the below named defendants by service of process upon the Secretary of State for the State of New York. Dated: BRONX, NEW YORK August 17, 2018 Defendant's address: MAC 60 LLC 2nd 3004 Avenue L, Floor Brooklyn, NY 11210 . Nonnenmacher, Esq. ORESKY & ASSOCIATES, PLLC ROYAL HOME IMPROVEMENTS, INC. 2nd Attorney for Plaintiff 3004 Avenue L, FlOOr ANTONIO ESP1NOSA Brooklyn, NY 11210 149 East 149th Street Bronx, New York 10451 (718) 993-9999 Our File #: 18-1005 1 of 17 FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018 NYSCEF COUNTYDOC. NO. 4 OF KINGS SUPREME COURT OF THE STATE OF NEW YORK RECEIVED # 35643H NYSCEF: 08/24/2018 ANTONIO ESPINOSA, Plaintiff(s) INDEX# 515277/4 8 against Date filed 7/26/20 MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., Defendant(s) STATE OF NEW YORK COUNTY OF ALBANY 2018005305 SECRETARY OF STATE - AFFIDAVIT OF SERVICE ALEX SCHETTINO being duly sworn, deposes and says that deponent is not a party to this action, is over the age of 18 years and has a principal place of business in the County of Albany, State of New York. That on 8/14/2018 at 2:46 PM, at the office of the Secretary of State, of the State of New York in the City of Albany, New York at 99 Washington Avenue, he/she served a true copy of a NOTICE OF ELECTRONIC FILING, SUMMONS AND VERIFIED COMPLAINT, on ROYAL HOME IMPROVEMENTS, INC., Defendant in this action. By delivering to and leaving with SUE ZOUKY, authorized agent in the office of the Séúiétary of the State, State of New York, perscñally at the office of the Secretary of State, of the State of New York, two (2) true copies thereof and that at the time of making such service, depañêñt paid said Secretary of State a fee of $40.00, unless exempt by law. That said service was made pursuant to Section 306 BCL Bearing Index Number and Filing Date endorsed thereon. [ ] Deponent additicñally served upon the above named defendant one (1) true copy of the RPAPL SEC. 1303 Homeowñér's Foreclosure Notice which was printed in bold, 14 point font size and printed on cc|cred paper which is a color other than said pleading Description Description of the Recipient is as follows: A Female with White skin, Brown hair, who is approximately 48 years of age 5' 2" and has an approximate height of and approximate weight of 135 pounds. Other identifying features are as follows: None. ALEX SCHETTINÔ Process Server State of New York County of Albany Sworn to before me on Thi 15 day of August 2 38 Michelle M. Santspree Emily M. Corbett -' _(Zg' Notary Public, State of New York Notary Public, State of New York . NO. 01SA5047611 No. 01CO6299470 Nõtary Publ ~- mily M. Corbett Qualfled in Albany County Qualified in Albany County Commission Expires August 7, 2021 Commissior, Expires March 24, 2022 ELITE LEGAL SERVICES OF NY, INC. - 16-03 FRANCES LEWIS BLVD - WHITESTONE, NY 11357 - 718-831-9060 2 of 17 FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018 NYSCEF COUNTYDOC. NO. 4 OF KINGS SUPREME COURT OF THE STATE OF NEW YORK RECEIVED # 35642H NYSCEF: 08/24/2018 ANTONIO ESPINOSA, Plaintiff(s) INDEX# 51527 against Date filed 7/26/ 18 MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., Defendant(s) STATE OF NEW YORK COUNTY OF ALBANY 2018005304 SECRETARY OF STATE - AFFIDAVIT OF SERVICE ALEX SCHETTINO being duly sworn, depases and says that depóñéñt is not a party to this action, is over the age of 18 years and has a principal place of business in the County of Albany, State of New York. That on 8/14/2018 at 2:46 PM, at the office of the Secretary of State, of the State of New York in the City of Albany, New York at 99 Washington Avenue, he/she served a true copy of a NOTICE OF ELECTRONIC FILING, SUMMONS AND VERIFIED COMPLAINT, on MAC 60 LLC, Defendant in this action. By delivering to and leaving with SUE ZOUKY, authorized agent in the office of the Secretary of the State, State of New York, personally at the office of the Secretary of State, of the State of New York, two (2) true copies thereof and that at the time of making such service, deponent paid said Secretary of State a fee of $40.00, unless exempt by law. That said service was made pursuant to Section 303 LLC Bearing Index Number and Filing Date endorsed thereon. [ ] Deponent additicñally served upon the above named defendant one (1) true copy of the RPAPL SEC. 1303 Homeswñer's Forec!osure Notice which was printed in bold, 14 point font size and printed on caleréd paper which is a color other than said pleading Description Description of the Recipient is as fo!!ows: A Female with White skin, Brown hair, who is approximately 48 years of age 5' 2" and has an appicximate height of and approximate weight of 135 pounds. Other identifying features are as follows: None. ALEX%CFIETTINO Process Server State of New York County of Albany Sworn to before me on This day of August 2018 Michelle M. Santspree Emily M. Corbett Notary Public, State of New York Notary Public, State of New York NO. 01SA5047611 No. 01CO6299470 otary Pub - ily M. Corbett Qualfied in Albany County Qualified in Albany County Commission Expires August 7, 2021 Cornmiccian Expires March 24, 2022 ELITE LEGAL SERVICES OF NY, INC. - 16-03 FRANCES LEWIS BLVD - WHITESTONE, NY 11357 - 718-831-9060 3 of 17 FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018 NYSCEF FILED DOC. : NO. 4 KINGS COUNTY CLERK 07 / 2 6 / 2 018 04 : 3 4 PMl RECEIVED INDEX NYSCEF: NO. 08/24/2018 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 SUPREME COURT OF THE STATE OF NEW YORK SUMMONS COUNTY OF KINGS Index No.: -----..----------..------------------------ .-------X Date Purchased: ANTONIO ESPINOSA, Plaintiff designates Kings Plaintiff, as the place of trial. County -against- The basis of venue is: Plaintiff's Residence MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, Plaintiff resides at: INC., 1732 West 1st Street Brooklyn, NY 11223 Defendants. County of Kings ------------------------ -----------X To the above named Defendant(s) You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. DATED: Bronx, New York July 26, 2018 ' ES Y, Q. ORESK & ASSOCIATES, PLLC Attorne for Plaintiff N 10 ESP1NOSA 149 East 149th Street Bronx, New York 10451 (718) 993-9999 Our File No. 18-1005 1 1 of 12 4 of 17 FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 4 COUNTY CLERK 018 EDEX NYSCEF: RECEIVED NO. 08/24/2018 515277/2018 [FILED : KINGS 0 7 / 2 6)_2 0 4 : 3 4 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 TO: MAC 60 LLC 2nd 3004 Avenue L, FlOOr Brooklyn, NY 11210 ROYAL HOME IMPROVEMENTS, INC. 2nd 3004 Avenue L, FlOOT Brooklyn, NY 11210 2 2 of 12 5 of 17 FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018 NYSCEF DOC. KINGS |F ILED: NO. 4 COUNTY CLERK 0 7 /2 6 / 2 018 0 4 : 3 4 W RECEIVED INDEX NYSCEF: NO. 08/24/2018 515277/2018 07/26/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------- ----------- X ANTONIO ESPINOSA, VERIFIED COMPLAINT Plaintiff, Index No.: -against- MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., Defendants. ------------------------------..--- ------------.--X Plaintiff, by his attorneys, ORESKY & ASSOCIATES, PLLC, complaining of the Defendants, respectfully alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF ANTONIO ESPINOSA 1. That at all times herein mentioned, Plaintiff was, and still is, a resident of the County of Kings, State of New York. 2. That this action falls within one or more of the exceptions set forth in CPLR §1602. 3. That at all times herein mentioned, Defendant, MAC 60 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. 4. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. 3 3 of 12 6 of 17 FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 4 RECEIVED INDEX NYSCEF: NO. 08/24/2018 515277/2018 (FILED : KINGS COUNTY CLERK 07 /2 6(2018 04 : 3 4 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 5. That at all times herein mentioned, Defendant, MAC 60 LLC, owned a building and structure located at 2357 60th Street, Brooklyn, New York 11204. 6. That at all times herein mentioned, Defendant, MAC 60 LLC, was the lessor or lessee of a building and structure located at 2357 60th Street, Brooklyn, New York 11204. 7. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was the lessor or lessee of a building and structure located at . 8. That at all times herein mentioned Defendant, MAC 60 LLC, operated the aforesaid building and premises. 9. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., operated the aforesaid building and premises. 10. That at all times herein mentioned, Defendant, MAC 60 LLC, maiñtained the aforesaid building and premises. 11. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., maintained the aforesaid building and premises. 12. That at all times herein mentioned, Defendant, MAC 60 LLC, managed the aforesaid building and premises. 13. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., managed the aforesaid building and premises. 14. That at all times herein mentioned, Defendant, MAC 60 LLC, was the managing agent the of aforesaid building and premises 15. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was the managing agent of the aforesaid building and premises. 4 4 of 12 7 of 17 FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 4 COUNTY CLERK 018 0 4 : 3 4 RECEIVED INDEX NYSCEF: NO. 08/24/2018 515277/2018 |FILED : KINGS 07) 2 6 /2 PMI NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 16. That at all times herein mentioned, Defendant, MAC 60 LLC, controlled the aforesaid building and premises. 17. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., controlled the aforesaid building and premises. 18. That at all times herein mentioned, Defendant, MAC 60 LLC, repaired the aforesaid building and premises. 19. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., repaired the aforesaid building and premises. 20. That at all times herein mentioned, Defendant, MAC 60 LLC, hired and/or retained the Defeñdant, ROYAL HOME IMPROVEMENTS, INC., to perform work, labor and/or services upon premises located at 2357 60th Street, Brooklyn, New York 11204. 21. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendant, ROYAL HOME IMPROVEMENTS, INC., was hired and/or retained to act as the general contractor, construction manager, and / or contractor for the work, labor and services upon the premises located at 2357 60th Street, Brooklyn, New York 11204. 22. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was a contractor performing certain work, labor, and services at the aforesaid premises 23. That at all times herein mentioned, Defendant, MAC 60 LLC, was performing certain work, labor and services at the aforesaid premises. 24. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was performing certain work, labor and services at the aforesaid premises. 5 5 of 12 8 of 17 FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 4 RECEIVED INDEX NYSCEF: NO. 08/24/2018 515277/2018 [F1MD: KINGS COUNTY-CLERK 07 /2 6/X018 04134 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 25. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendants, their agents, servants and/or employees were engaged in the erection, demolition, construction, repairing, altering, painting, cleaning or pointing of the premises located at 60th 2357 Street, Brooklyn, NY 11204. 26. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendant, MAC 60 LLC, hired and/or retained GILMAR DESIGN CORP., to perform work at the aforesaid premises. 27. That at all times herein mentioned, and on, or prior to, January 11, 2018, Defendant, ROYAL HOME IMPROVEMENTS, INC., hired and/or retained GILMAR DESIGN CORP. to perform work at the aforesaid premises. 28. That on January 11, 2018, the Plaintiff, ANTONIO ESPINOSA, was an employee of GILMAR DESIGN CORP. 29. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendants, their servants and/or employees were cñgaged in erection, agents, demolition, construction, repairing, altering, painting, cleaning or pointing of the premises located at 2357 60th Street, Brooklyn, New York 11204. 30. That the Defendants, their agents, servants and/or employees had the duty to provide the Plaintiff with a safe place to work. 31. That the Defendants, their agents, servants and/or employees had the non-delegable duty to see that the work site was kept reasóüa'oly safe and free of dangers and hazards to those workers lawfully thereat. 6 6 of 12 9 of 17 FILED: KINGS COUNTY CLERK 08/24/2018 09:45 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 4 RECEIVED INDEX NYSCEF: NO. 08/24/2018 515277/2018 [FILED : KINGS COUNTY CLERK 67 72 6 /2 018