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FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018
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EXHIBIT E
FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------X NOTICE OF SERVICE
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 Sununons & Verified Caiñplaint
has been made upon on the below named defendants by service of process upon the Secretary of
State for the State ofNew York.
Dated: BRONX, NEW YORK
August 17, 2018
Defendant's address:
MAC 60 LLC
2"d
3004 Avenue L, Floor
Brooklyn, NY 11210
J . Nelineñiriacher, Esq.
RESKY & ASSOCIATES, PLLC
ROYAL HOME IMPROVEMENTS, INC.
2nd Attorney forPlaintiff
3004 Avenue L, FlOOr
ANTONIO ESPINOSA
Brooklyn, NY 11210
149 East 149th Street
Bronx, New York 10451
(718) 993-9999
Our File #: 18-1005
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ANTONIO ESPINOSA,
Plaintiff(s) INDEX# 515277/4 8
against Date filed7/26/20f8
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., ./
Defendant(s)
STATE OF NEW YORK COUNTY OF ALBANY 2018005305
SECRETARY OF STATE - AF FIDAVIT OF SERVICE
ALEX SCHETTINO being duly sworn, depeses and says that depenent isnot a party to this action,is over the age of18
years and has a principalplace of business inthe County ofAlbany, State of New York. That on 8/14/2018 at 2:46 PM, at the
office ofthe Secretary of State, of the State ofNew York in the City of Albany, New York at99 Washington Avenue, he/she
served a true copy ofa
NOTICE OF ELECTRONIC FILING, SUMMONS AND VERIFIED COMPLAINT,
on ROYAL HOME IMPROVEMENTS, INC., Defendant inthis action.
By delivering toand leaving with SUE ZOUKY, authorized agent inthe office of the Secretary ofthe State, State of New York,
perscredily atthe office of the Secretary of State, ofthe State of New York, two (2)true copies thereof and thatat 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 306 BCL
Bearing Index Number and Filing Date endorsed thereon.
[ ] Depcñent additionallyserved upon the above named defendant one (1) true copy ofthe RPAPL SEC. 1303 Horñeavvñér's
FOrec|ósure Notice which was printed in bold, 14 point font size and printed on colored paper which isa color other than said
pleading
Description Description of the Recipient isas follows:
A Female with White skin, Brown hair,who is appróximately 48 years ofage
5' 2"
and has an appróxirmate height of and approximate weight of 135 pounds.
Other identifyingfeatures are as follows:None.
AL SCHETTINÔ
Process Server
State of New York
County of Albany
Sworn tobefore me on Thi 2038
15 day of August
MichelleM. Santspree Emily M. Corbett
Notary Public, State of New York Notary Public, State of New York
. ' - NO. 01SA5047611 No. 01CO6299470
tary Publ dy M. Corbelt Qualfiedin Albany
County Qualified
in Albany County
Commission Expires August
7, 2021 Commission Expires March 24, 2022
ELITE LEGAL SERVICES OF INC. - 16-03 FRANCES LEWIS BLVD - WHITESTONE, NY 11357 - 718-831-9060
NY,
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ANTONIO ESPINOSA,
Plaintiff(s) INDEX# 51527
against Date filed7/26/ 18
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC.,
Defendant(s)
STATE OF NEW YORK COONTY OF ALBANY 2018005304
SECRETARY OF STATE - AFFIDAVIT OF SERVICE
ALEX SCHETTINO being duly sworn, deposes and says that depañént isnot a party to thisaction, 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 at2:46 PM, atthe
officeof the Secretary of State, of the State of New York in the City ofAlbany, New York at 99 Washington Avenue, he/she
served a true copy ofa
NOTICE OF ELECTRONIC FILING, SUMMONS AND VERIFIED COMPLAINT,
on MAC 60 LLC, Defendant in thisaction.
By delivering toand leaving with SUE ZOUKY, authorized agent inthe office of the Secretary ofthe State, State of New York,
personally atthe office of the Gêcretary of State, ofthe State of New York, two (2)true copies thereof and thatat 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 FilingDate endarsed thereon.
[ ] Depcñent additionally served upon the above named defeñdañt one (1)true copy ofthe RPAPL SEC. 1303 Homeowner's
crec|õsure Notice which was printed in bold, 14 point font size and printed on colored paper which isa color other than said
pleading
Description Description of the Recipient isas 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.
A X CÃETTINO
Process Server
State of New York
County of Albany
Sworn tobefore me on This day of August
2018
MichelleM. Santspree Emily M. Corbett
Notary Public, State of New York Notary Public, State of New York
. - NO. 01SA5047611 No. 01CO6299470
N'otary Pub ily M. Corbett Qualfiedin Albany
County Qualified
in Albany County
Commission Expires August
7, 2021 Comm!r:!cn Expires March 24, 2022
ELITE LEGAL SERVICES OF INC. - 16-03 FRANCES LEWIS BLVD - WHITESTONE, NY 11357 - 718-831-9060
NY,
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COURT THE NEW YORK SUMMONS
SUPREME OF STATE OF
COUNTY OF KINGS
Index No.:
__ -------_________=------.-- ____-----X
Date Purchased:
ANTONIO ESP1NOSA,
Plaintiff designates Kings
Plaintiff, as the place of trial.
County
-against-
The basis of venue is:
Plaintiff'sResidence
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, Plaintiffresides at:
INC., 1732 West 1st Street
Brooldyn, NY 11223
Defendants.
County of Kings
X
To the above named Defendant(s)
You are hereby sns=d to answer the complaint in thisaction, and toserve a
copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of
appearance on the Plaintiffs attorneys within days after the service of this summa
twenty
exclusive of the day of service, where service ismade by delivery upon you personally within the
state, or,within 30 days aftercompletion of service where service ismade in any other manner.
In case of your failure to appear or answer, judgment will be taken against you by default for the
reliefdemanded in the complaint.
DATED: Bronx, New York
July 26, 2018
'
ES Y, Q.
ORESK & ASSOCIATES, PLLC
Attorne for Plaintiff
10 ESPINOSA
I49 East 149th Street
Bronx, New York 10451
(718) 993-9999
Our File No. 18-1005
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TO: MAC 60 LLC
3004 Avenue L, 2ndFlOOr
Brooklyn, NY l 1210
ROYAL HOME IMPROVEMENTS, 1NC.
2"d
3004 Avenue L, Floor
Brooklyn, NY 11210
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------X
ANTONIO ESP1NOSA,
VERIFIED COMPLAINT
Plaintiff,
Index No.:
-against-
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS,
INC.,
Defendants.
..---- -----------------··-- X
Plaintiff, by his attorneys, ORESKY & ASSOCIATES, PLLC, complaiñiñg of the
Defendants, respectfully alleges, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF ANTONIO ESPINO_SA
1. That at alltimes herein mentioned, Plaintiff was, and stillis, a resident of the County of
Kings, State of New York.
2. That this action fallswithin one or more of the exceptions set forth in CPLR §1602.
3. That at all times herein mentlesed, Defendat, MAC 60 LLC, was and stillis a domestic
limited liabilitycompany duly organized and existing under and by virtue of the laws of the
State of New York.
4. That at alltimes herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was and stillis a domestic business corporation duly organized and existing under and by
virtue of the laws of the State of New York.
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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 alltimes 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 alltimes 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, asiñtsiñêd 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 mentioned3 Defêñdant, 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 alltimes herein mentioned, Defendant, MAC 60 LLC, was the managing agent the
of aforesaid building and premises.
15. That at alltimes herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was the managing agent of the aforesaid building and premises.
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16. That at all times herein mentioned, Defendant, MAC 60 LLC, controlled the aforesaid
building and premises.
17. That at alltimes herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
controlled the aforesaid building and premises.
18. That at all times herein mentioned, Defendañt, MAC 60 LLC, repaired the aforesaid
building and premises.
19. That at alltimes herein mentioned, Defendâñt, ROYAL HOME IMPROVEMENTS, INC.,
repaired the aforesaid building and premises.
20. That at all times herein meñticñed, Defendant, MAC 60 LLC, hired and/or retained the
Defendant, 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 alltimes 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 alltimes herein mentioned, Defendant, MAC 60 LLC, was performing certain work,
labor and services at the aforesaid premises.
24. That at alltimes herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was performing certain work, labor and services at the aforesaid premises.
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25. That at alltimes herein mentioned, and on, or prior to,January 11, 2018, the Defendants,
their agents, servants and/or eniployees 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 alltimes 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 einployee of
GILMAR DESIGN CORP.
29. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Dcfcñdants,
their agents, servants and/or eraployees were engaged in erection, dernalitio±1,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 Defedsts, their agents, servants and/or employees had the non-delegable duty to
see that the work site was kept reasonably safe and free of dangers and hazards to those
workers lawfully thereat.
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32. That on January 11, 2018, while Plaintiff, ANTONIO ESPINOSA, was lawfully and
carefully working at he was struck by a falling object that should have been secured due to
the negligencc of the Defendants, their agents, servants and/or employees in the ñêgligent
erection, dêreolition, repairing, altering, painting, cleaning or pointing, ownership,
operation, maintensce, management, direction, supervision, possession, control,
construction, rehabilitation and/or alteration of said premises and Plaintiff sustained the
injuries hereinafter alleged.
33. That the Defendents, their agents, servants and/or employees were ñcgligent, reckless and
careless in the ownership, operation, maintmmes, control, passession, supervision,
direction, construction, inspection, mmagement, renovatica, rehabilitadon and/or alteration
of the said premises in that they failed to provide the Plaintiff with a safe place to work;
failed to furnish or erect, or cause to be feniished or erected for the perfoññance of such
labor, scaffolding, hoist, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes,
nets, catchalls and other devices which shall be so constructed, secured, placed and operated
as to give proper protection to a person so employed as the Plaintiff and Defendants were
otherwise negligent, reckless and careless.
34. That the Defendents, their agents, servants and/or employees had actual and/or constructive
notice of the dangerous and defective conditions existing upon the work site.
35. That the accident, and the injuries resulting therefrom, were caused solely and wholly by
reason of the negligence of the Defendants, their agents, servants and/or employees without
any fault,want of care or culpable conduct on the part of the Plaintiff contributing thereto.
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36. That by reason of the foregoing, the Plaintiffhas sustained painful serious injuries, has been
injured and disabled,rendered sick, sore, lame, otherwise injured, disabled, and so remaiñs.
37. That he has been unable to attend to his usual vocation and activities and thathe has been
obliged to expend and will in the future expend sums of money for medical aid and
attention, and that by reason of the foregaing, plaintiff sustained economic loss.
38. That by reason of the foregaing Plaintiff has been damaged in a sum which exceeds the
jurisdictional limits of alllower courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF ANTONIO ESPINOSA
39. Plaintiff,ANTONIO ESPINOSA, repeats, reiterates and realleges each and every allegation
contained in the First Cause of Action, with the same force and effect as though fully set
forth herein.
40. That on January 11, 2018, there existed, in full force and effect, within the State of New
York, Section 200 of the Labor Law of the State of New York.
41. That by reason of the negligence of the Defendants as aforesaid, the Defendants violated
Section 200 of the Labor Law of the State of New York.
42. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the
jurisdictional limits of alllower courts which would otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION
ON BEHALF OF ANTONIO ESPINOSA
43. Plaintiff, ANTONIO ESPINOSA, repeats, reiterates and realleges each and everyallegation
contained in the First and Second Causes of Action, with the same force and effect as
though fully set forth at length herein.
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44. That on January 1 1,2018, there existed, in full force and effect, within the State of New
York, Section 240 of the Labor Law of the State of New York.
45. That on January 11, 2018, there existed, in full force and effect, within the State of New
York, Section 240 (1) & 240(2) of the Labor Law of the State of New York.
46. That by reason of the negligence of the Defendents as aforesaid, the Defendants violated
Section 240 as well as Sections 240(1) & (2) of the Labor Law of the State of New York.
47. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the
jurisdiedonal limits of alllower courts which would otherwise have jurisdictics.
AS AND FOR A FOURTH CAUSE OF ACTION
ON BEHALF OFANTONIO ESPINOSA
48. Plaintiff, ANTONIO ESPINOSA, repeats, reiterates and realleges each and every allegatian
contained in the First,Second and Third Causes of Action, together with the same force and
effect as though fully set forth at length herein.
49. That on January 11, 2018, there existed, in full force and effect, within the State of New
York, Section 241 of the Labor Law of the State of New Yórk.
50. That on January 11, 2018, there existed, in full force and effect, within the State of New
York, Section 241 (6) of the Labor Law of the State of New York.
51. That by reason of the negligence of the Defcndants as aforesaid, the Defendants violated
Section 241 as well as Section 241(6) of the Labor Law of the State of New York.
52. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the
jurisdictional limits of alllower courts which would otherwise have jurisdiction.
WHEREF ORE, Plaintiffdemand jud gment against the Defendants herein on all causes
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of action, in an amount exceeding the jurisdictional limits of all lower courts which would
Preview
FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/09/2018 EXHIBIT E FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 11 RECEIVEDINDEX NYSCEF: NO. 515277/2018 11/09/2018 |FILED: KINGS COUNTY CLERK 08 /24 72018 09 : 45 AM| NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/24/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------X NOTICE OF SERVICE 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 Sununons & Verified Caiñplaint has been made upon on the below named defendants by service of process upon the Secretary of State for the State ofNew York. Dated: BRONX, NEW YORK August 17, 2018 Defendant's address: MAC 60 LLC 2"d 3004 Avenue L, Floor Brooklyn, NY 11210 J . Nelineñiriacher, Esq. RESKY & ASSOCIATES, PLLC ROYAL HOME IMPROVEMENTS, INC. 2nd Attorney forPlaintiff 3004 Avenue L, FlOOr ANTONIO ESPINOSA 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 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF ÏFILED: DOC. NO. KINGS 11 COUNTY CLERK 0 8 /24 /2018 09 :45 W RECEIVEDINDEX NYSCEF: NO. 515277/2018 11/09/2018 NW0NM00F MINGS SUPREME COURT OF THE STATE OF NEW YORK REGjF3) NY / 0 ANTONIO ESPINOSA, Plaintiff(s) INDEX# 515277/4 8 against Date filed7/26/20f8 MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., ./ Defendant(s) STATE OF NEW YORK COUNTY OF ALBANY 2018005305 SECRETARY OF STATE - AF FIDAVIT OF SERVICE ALEX SCHETTINO being duly sworn, depeses and says that depenent isnot a party to this action,is over the age of18 years and has a principalplace of business inthe County ofAlbany, State of New York. That on 8/14/2018 at 2:46 PM, at the office ofthe Secretary of State, of the State ofNew York in the City of Albany, New York at99 Washington Avenue, he/she served a true copy ofa NOTICE OF ELECTRONIC FILING, SUMMONS AND VERIFIED COMPLAINT, on ROYAL HOME IMPROVEMENTS, INC., Defendant inthis action. By delivering toand leaving with SUE ZOUKY, authorized agent inthe office of the Secretary ofthe State, State of New York, perscredily atthe office of the Secretary of State, ofthe State of New York, two (2)true copies thereof and thatat 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 306 BCL Bearing Index Number and Filing Date endorsed thereon. [ ] Depcñent additionallyserved upon the above named defendant one (1) true copy ofthe RPAPL SEC. 1303 Horñeavvñér's FOrec|ósure Notice which was printed in bold, 14 point font size and printed on colored paper which isa color other than said pleading Description Description of the Recipient isas follows: A Female with White skin, Brown hair,who is appróximately 48 years ofage 5' 2" and has an appróxirmate height of and approximate weight of 135 pounds. Other identifyingfeatures are as follows:None. AL SCHETTINÔ Process Server State of New York County of Albany Sworn tobefore me on Thi 2038 15 day of August MichelleM. Santspree Emily M. Corbett Notary Public, State of New York Notary Public, State of New York . ' - NO. 01SA5047611 No. 01CO6299470 tary Publ dy M. Corbelt Qualfiedin Albany County Qualified in Albany County Commission Expires August 7, 2021 Commission Expires March 24, 2022 ELITE LEGAL SERVICES OF INC. - 16-03 FRANCES LEWIS BLVD - WHITESTONE, NY 11357 - 718-831-9060 NY, 2 of 17 FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 11 CLERK 24 2018 09:45 RECEIVEDINDEX NYSCEF: NO. 11/09/2018 515277/2018 |FILED: KINGS COUNTY 0 8 / / AMl NXRD1BN-IDOOF BENGS SUPREME COURT OF THE STATE OF NEW YORK RE N E 8 ANTONIO ESPINOSA, Plaintiff(s) INDEX# 51527 against Date filed7/26/ 18 MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., Defendant(s) STATE OF NEW YORK COONTY OF ALBANY 2018005304 SECRETARY OF STATE - AFFIDAVIT OF SERVICE ALEX SCHETTINO being duly sworn, deposes and says that depañént isnot a party to thisaction, 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 at2:46 PM, atthe officeof the Secretary of State, of the State of New York in the City ofAlbany, New York at 99 Washington Avenue, he/she served a true copy ofa NOTICE OF ELECTRONIC FILING, SUMMONS AND VERIFIED COMPLAINT, on MAC 60 LLC, Defendant in thisaction. By delivering toand leaving with SUE ZOUKY, authorized agent inthe office of the Secretary ofthe State, State of New York, personally atthe office of the Gêcretary of State, ofthe State of New York, two (2)true copies thereof and thatat 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 FilingDate endarsed thereon. [ ] Depcñent additionally served upon the above named defeñdañt one (1)true copy ofthe RPAPL SEC. 1303 Homeowner's crec|õsure Notice which was printed in bold, 14 point font size and printed on colored paper which isa color other than said pleading Description Description of the Recipient isas 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. A X CÃETTINO Process Server State of New York County of Albany Sworn tobefore me on This day of August 2018 MichelleM. Santspree Emily M. Corbett Notary Public, State of New York Notary Public, State of New York . - NO. 01SA5047611 No. 01CO6299470 N'otary Pub ily M. Corbett Qualfiedin Albany County Qualified in Albany County Commission Expires August 7, 2021 Comm!r:!cn Expires March 24, 2022 ELITE LEGAL SERVICES OF INC. - 16-03 FRANCES LEWIS BLVD - WHITESTONE, NY 11357 - 718-831-9060 NY, 3 of 17 FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF (FILED DOC.: NO. KINGS 11 COUNTY CLERK 08/24/2018 09:45 W RECEIVEDINDEXNYSCEF: NO. 11/09/2018 515277/2018 NY RECEITEDERBNECEI5-1508//20Ø2818 --RTNd5 COUNTY CLERK 07 / 2 6 /2 018 0 4 : 3 4 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 COURT THE NEW YORK SUMMONS SUPREME OF STATE OF COUNTY OF KINGS Index No.: __ -------_________=------.-- ____-----X Date Purchased: ANTONIO ESP1NOSA, Plaintiff designates Kings Plaintiff, as the place of trial. County -against- The basis of venue is: Plaintiff'sResidence MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, Plaintiffresides at: INC., 1732 West 1st Street Brooldyn, NY 11223 Defendants. County of Kings X To the above named Defendant(s) You are hereby sns=d to answer the complaint in thisaction, and toserve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs attorneys within days after the service of this summa twenty exclusive of the day of service, where service ismade by delivery upon you personally within the state, or,within 30 days aftercompletion of service where service ismade in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the reliefdemanded in the complaint. DATED: Bronx, New York July 26, 2018 ' ES Y, Q. ORESK & ASSOCIATES, PLLC Attorne for Plaintiff 10 ESPINOSA I49 East 149th Street Bronx, New York 10451 (718) 993-9999 Our File No. 18-1005 1 of 12 4 of 17 FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF F ILED DOC.: NO. KINGS 11 COUNTY CLERK 08/24/2018 09 : 4 5 RECEIVEDINDEXNYSCEF: NO. 11/09/2018 515277/2018 AMI NY . RECEIYHDENY1iBCEF5c15HU/7/4!ß2818 .NdiS COÜNTY CLERK 0 7 / 2 6 /2 018 0 4 : 3 4 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 TO: MAC 60 LLC 3004 Avenue L, 2ndFlOOr Brooklyn, NY l 1210 ROYAL HOME IMPROVEMENTS, 1NC. 2"d 3004 Avenue L, Floor Brooklyn, NY 11210 2 2 of 12 5 of 17 FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. K 11 COUNTY CLERK RECEIVEDINDEXNYSCEF: NO. 515211/09/2018 77 /2O18 (F T-LED : INGS 0 8 /24 / 2018 09 : 4 5 NY RECEIYHDENYEEEF5·15HP//J442018 -COUNTY CLERK 0 7 / 2 6 /2 018 0 4 : 3 4 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------X ANTONIO ESP1NOSA, VERIFIED COMPLAINT Plaintiff, Index No.: -against- MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., Defendants. ..---- -----------------··-- X Plaintiff, by his attorneys, ORESKY & ASSOCIATES, PLLC, complaiñiñg of the Defendants, respectfully alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF ANTONIO ESPINO_SA 1. That at alltimes herein mentioned, Plaintiff was, and stillis, a resident of the County of Kings, State of New York. 2. That this action fallswithin one or more of the exceptions set forth in CPLR §1602. 3. That at all times herein mentlesed, Defendat, MAC 60 LLC, was and stillis a domestic limited liabilitycompany duly organized and existing under and by virtue of the laws of the State of New York. 4. That at alltimes herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was and stillis a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. 3 3 af 12 6 of 17 FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 11 RECEIVED NO. INDEX NYSCEF: 515277/2018 11/09/2018 FILED: KINGS COUNTY CLERK 08/_24/2018 09: 45 NY . RECEIYj$DgjgY15'El%·150 //Nd2@18 IdNdS COUNTY CLERK 07 /2 6/2018 04 ï34 PMJ 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 alltimes 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 alltimes 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, asiñtsiñêd 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 mentioned3 Defêñdant, 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 alltimes herein mentioned, Defendant, MAC 60 LLC, was the managing agent the of aforesaid building and premises. 15. That at alltimes 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 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF [F ILED DOC. : NO. KINGS 11 COUNTY CLERK 08/24/2018 09 : 45 RECEIVEDINDEX NYSCEF: NO. 11/09/2018 515277/2018 AM) RECEIYBDEWY1RREB:150287/77442018 ÏÉft 60 ÈÈNGS COUNTY CLERK 07 / 2 6 / 2 018 04 : 34 PM| 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 alltimes herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., controlled the aforesaid building and premises. 18. That at all times herein mentioned, Defendañt, MAC 60 LLC, repaired the aforesaid building and premises. 19. That at alltimes herein mentioned, Defendâñt, ROYAL HOME IMPROVEMENTS, INC., repaired the aforesaid building and premises. 20. That at all times herein meñticñed, Defendant, MAC 60 LLC, hired and/or retained the Defendant, 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 alltimes 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 alltimes herein mentioned, Defendant, MAC 60 LLC, was performing certain work, labor and services at the aforesaid premises. 24. That at alltimes 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 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 11 COUNTY CLERK O8/24/2018 : 45 RECEIVEDINDEX NYSCEF: NO. 11/09/2018 515277/2018 FILED: KINGS 09 AM) RECEI E 1 F/ 18 E1563 hiÈS COUNTY CLERK 07 /26/2018 O4:34 PM1 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 25. That at alltimes herein mentioned, and on, or prior to,January 11, 2018, the Defendants, their agents, servants and/or eniployees 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 alltimes 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 einployee of GILMAR DESIGN CORP. 29. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Dcfcñdants, their agents, servants and/or eraployees were engaged in erection, dernalitio±1,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 Defedsts, their agents, servants and/or employees had the non-delegable duty to see that the work site was kept reasonably safe and free of dangers and hazards to those workers lawfully thereat. 6 6 of 12 9 of 17 FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF (FILED DOC. : NO. KINGS 11 COUNTY_ CLERK 08 /2 4 / 2 0-1-8 0 9 : 4 5 W RECEIVEDINDEX NYSCEF: RECEIW@glj[Y NO. 11/09/2018 515277/2018 772/%()1918 NY . §'EFE;1d fl'N6S COUNTY CLERK 07 /2 6/2018 04 :34 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 32. That on January 11, 2018, while Plaintiff, ANTONIO ESPINOSA, was lawfully and carefully working at he was struck by a falling object that should have been secured due to the negligencc of the Defendants, their agents, servants and/or employees in the ñêgligent erection, dêreolition, repairing, altering, painting, cleaning or pointing, ownership, operation, maintensce, management, direction, supervision, possession, control, construction, rehabilitation and/or alteration of said premises and Plaintiff sustained the injuries hereinafter alleged. 33. That the Defendents, their agents, servants and/or employees were ñcgligent, reckless and careless in the ownership, operation, maintmmes, control, passession, supervision, direction, construction, inspection, mmagement, renovatica, rehabilitadon and/or alteration of the said premises in that they failed to provide the Plaintiff with a safe place to work; failed to furnish or erect, or cause to be feniished or erected for the perfoññance of such labor, scaffolding, hoist, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, nets, catchalls and other devices which shall be so constructed, secured, placed and operated as to give proper protection to a person so employed as the Plaintiff and Defendants were otherwise negligent, reckless and careless. 34. That the Defendents, their agents, servants and/or employees had actual and/or constructive notice of the dangerous and defective conditions existing upon the work site. 35. That the accident, and the injuries resulting therefrom, were caused solely and wholly by reason of the negligence of the Defendants, their agents, servants and/or employees without any fault,want of care or culpable conduct on the part of the Plaintiff contributing thereto. 7 of 12 10 of 17 FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF [FILED DOC.: NO. K INGS 11 COUNTY CLERK 0 8 2 4 / 2 0 18 O 9 : 4 5 A RECEIVEDINDEXNYSCEF: NO. 11/09/2018 515277/2018 / NY . RECEIYlilDENY1WEF51g)f7/f2/44|jL%18 .N IS COUNTY CLERK 07 /2 6 / 2 018 0 4 : 3 4 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 36. That by reason of the foregoing, the Plaintiffhas sustained painful serious injuries, has been injured and disabled,rendered sick, sore, lame, otherwise injured, disabled, and so remaiñs. 37. That he has been unable to attend to his usual vocation and activities and thathe has been obliged to expend and will in the future expend sums of money for medical aid and attention, and that by reason of the foregaing, plaintiff sustained economic loss. 38. That by reason of the foregaing Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF ANTONIO ESPINOSA 39. Plaintiff,ANTONIO ESPINOSA, repeats, reiterates and realleges each and every allegation contained in the First Cause of Action, with the same force and effect as though fully set forth herein. 40. That on January 11, 2018, there existed, in full force and effect, within the State of New York, Section 200 of the Labor Law of the State of New York. 41. That by reason of the negligence of the Defendants as aforesaid, the Defendants violated Section 200 of the Labor Law of the State of New York. 42. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF ANTONIO ESPINOSA 43. Plaintiff, ANTONIO ESPINOSA, repeats, reiterates and realleges each and everyallegation contained in the First and Second Causes of Action, with the same force and effect as though fully set forth at length herein. 8 8 of 12 11 of 17 FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF (F fLEDDOC.: NO. K INGS11 COUNTY CLERK O8 /24/2018 O 9 : 4 5 RECEIVEDINDEXNYSCEF: NO. 11/09/2018 515277/2018 AMI RECEIY1WEjbTWEB15 //79162018 1 f Ï.,EÚŸ 16NdS COUNTY CLERK 07 / 2 6 / 2 018 0 4 : 3 4 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 44. That on January 1 1,2018, there existed, in full force and effect, within the State of New York, Section 240 of the Labor Law of the State of New York. 45. That on January 11, 2018, there existed, in full force and effect, within the State of New York, Section 240 (1) & 240(2) of the Labor Law of the State of New York. 46. That by reason of the negligence of the Defendents as aforesaid, the Defendants violated Section 240 as well as Sections 240(1) & (2) of the Labor Law of the State of New York. 47. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the jurisdiedonal limits of alllower courts which would otherwise have jurisdictics. AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OFANTONIO ESPINOSA 48. Plaintiff, ANTONIO ESPINOSA, repeats, reiterates and realleges each and every allegatian contained in the First,Second and Third Causes of Action, together with the same force and effect as though fully set forth at length herein. 49. That on January 11, 2018, there existed, in full force and effect, within the State of New York, Section 241 of the Labor Law of the State of New Yórk. 50. That on January 11, 2018, there existed, in full force and effect, within the State of New York, Section 241 (6) of the Labor Law of the State of New York. 51. That by reason of the negligence of the Defcndants as aforesaid, the Defendants violated Section 241 as well as Section 241(6) of the Labor Law of the State of New York. 52. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. WHEREF ORE, Plaintiffdemand jud gment against the Defendants herein on all causes 9 9 of 12 12 of 17 FILED: KINGS COUNTY CLERK 11/09/2018 02:51 PM INDEX NO. 515277/2018 NYSCEF [ŸÏLED DOC. : NO. KINGS 11 COUNTY CLERK 0 8 /24/2 018 0 9 : 4 5 RECEIVEDINDEX NYSCEF: NO. 11/09/2018 515277/2018 RECEIYRDEMYl$@EFB:1502$/77462018 SNdS COUNTY CLERK 07 / 2 6 / 2 018 0 4 : 3 4 PM1 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 of action, in an amount exceeding the jurisdictional limits of all lower courts which would