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FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019
EXHIBIT A
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COURT OF THE STATE OF NEW YORK SUMMONS
SUPREME
COUNTY OF KINGS
Index No.:
--- ~~
Date Purchased:
ANTONIO ESPlNOSA,
Plaintiff
designatesKings
Plaintiff, as theplace of trial.
County
-against-
The basisof venue is:
Plaintiffs Residence
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, Plaintiffresidesat:
INC·> 1732 West 1st Street
Brooklyn, NY 11223
Defendants.
County of Kings
To the above n amed Defendant(s)
You are hereby sü==oned to answer the complaint inthis action,and toservea
copy of your answer, or,ifthe complaint isnot served with this s'1mmens, to servea notice of
appearance on the Plaintiffs attorneyswithin twenty days afterthe service ofthis summons,
exclusive ofthe day of service,where service is Inadeby deliverfupon you personallywithin the
state,or,within 30 days after compeien of servicewhere service is made in any othermanner,
In case ofyour failureto appear or answer,judgment will be taken againstyou by defaultfor the
relief
demanded inthe complaint.
DATED: Bronx, New York
July 26,2018
ORE$K & ASSOCIATES, PLL C
Attorne for Plaintiff
O ESPINOSA
149Tast 149th Street
Bronx, New York 10451
(718) 993-9999
Our File No. 18-1005
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TO:MAC60LLC
3004AvenueL,2"dFloor
Brooklyn,NY11210
ROYALHOMEIMPROVEMENTS,1NC.
2"d
3004Avenue L, Floor
Brooklyn,NY11210
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF K]NGS
_..--- . --...- -.----··---X
ANTONIO ESPINOSA,
VEIUFIED COMPLAINT
Plaintiff,
Index No.:
-against-
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS,
INC.,
Defendants.
. X
Plaintiff,by his at:cmays, ORESKY & ASSOCIATES, PLLC, complaining of the
.
Defendants, respectfully upon
alleges, information and belief,as follows:
AS AND FOR A FIRST CAUSE OF ACTION
Off%RNAT# Op.AlffONIO ESPINOSA
1. That at alltimes herein mendoned, Plaintiff
was, and stillis,a residentof theCounty of
Kings,State of New York.
2. That thisaction fallswithinone or more of theexceptions set forthin CPLR §1602.
3. That at alltimesherein m oned, Defendet, MAC 60 LLC, was and still
isa domestic
limited liability-=g=y duly organized and existingunder and by virtue of thelaws of the
State ofNew York.
4. That at alltimesherein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was and is
still a domestic husiñcas corporanc-a duly organized and existingunder and by
virtueof thelaws of theState ofNew York.
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5. That at all limes herein mentioned, Defendant, MAC 60 LLC, owned a building and
structurelocatedat 2357 60th Street,Brooklyn, New York 1 1204.
6. That at alltimes hereinmentioned, Defendant, MAC 60 LLC, was the lessoror lesseeof a
building and structurelocated at 2357 60th Street,Brooklyn, New York 11204.
7. That at alltimesherein incaticñed, Defendent, ROYAL HOME IMPROVEMENTS, INC.,
was the lessoror lesseeof a '-:!!d!ng
and structure ]ocatedat .
8. That at all times herein mentioned Defendant, MAC 60 LLC, operated the aforesaid
building and premises.
9. That at alltimes berein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
operated the h=u building and premises.
10. That at alltimes herein mentioned, Defendant, MAC 60 LLC, ren½ed the aforesaid
building and premises.
11. That atall times hereinmentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
maintained the aforesaidbuilding and premises.
12. That at all times herein mentioned, Defed=n+, MAC 60 LLC, managed the âfcrasâjd
building and premises.
13. That at alltimes hereinmen*3ened, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
managed the aforesaidbuilding and premises.
14. That at alltimes herein mentioned, Defendant, MAC 60 LLC, was themanaging agent the
of aforesaidbuilding and premises.
15. That at alltimes herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was themanaging agent ofthe aforesaidbuilding and premises.
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16. That at all times herein mentiond Defendant, MAC 60 LLC, controlled the aforesaid
building and premises.
17. That at alltimes hereinmatier=:d, Deferidant,ROYAL HOME IMPROVEMENTS, INC.,
controlledthe aforesaidbuilding and premises.
18. That at all times herein iüentiand Defendant, MAC 60 LLC, repaired the eferessid
buildingand premises.
19. That at alltimesherein mennoned, Defendant, ROYAL HOME IMPROVEMENTS, INC,,
repaired the aforesaidbuilding and premises.
20. That at alltimes herein asticñ4 Defendant, MAC 60 LLC, hired and/orretained the
Defendant, ROYAL HOME IMPROVEMENTS, INC,, to perform work, labor and/or
servicesupon premises located at 2357 60th Street,
Brooklyn, New York 11204.
21. That at alltimes herein inc#=ad and on, or prior to,January 11, 2013, the Dafcadat,
ROYAL HOME IMPROVEMENTS, INC., was hiredand/or retainedto actas the general
contractor,construction manager, and / orcontractor for the work,labor and servicesupon
thepremises locatedat 2357 60th Street,Brooklyn, New York 11204.
22, That at alltimes herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was a conector performing certainwork, labor,and services at theaforesaidpremises
23. That at alltimesherein mentioned, Defendant, MAC 60 LLC, was perfanñing certainwork,
labor and services atthe aforesaidpremises.
24, That at alltimesherein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was performing certainwork, labor and servicesat theaforesaidpremises.
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25. That at alltimes herein mentioned, and on, or prior to,January 11,2018, theDefendants,
their agents, servants and/or employees were engaged in the erection, demolider,
construction,repairing,altering,painting, cleaning or pointingof the premises locatedat
2357 60 Brooklyn,NY
'Street, 11204.
26. That at alltimes herein mentioned, and on, or prior to,January 11, 2018, theDefendant,
MAC 60 LLC, hired and/or retained GILMAR DESIGN CORP., to perform work atthe
.
aforesaidpremises.
27. That at alltimes herein mentioned, and on, or prior to, January 11, 2013, Defcñdard,
ROYAL HOME IMPROVEMENTS, INC., hired and/or retained GILMAR DESIGN
CORP. to perform work at theaforesaidpremises,
28. That on January 11, 2018, the Plaintiff,ANTONIO ESPINOSA, was an ek:ployee of
GILMAR DESIGN CORP.
29. That at alltimes herein meraioned, and on, or prior to,January 11,2018, theDefendeta,
theiragents,servants and/or crapisfoe were engaged in erection,
demeEtion, construction,
repairing,altering,, 2:;;, cleaning or pointing of the prcmiaë8 located at 2357 60th
Street,Brooklyn, New York 11204.
30. That the Defendants, their agents,servants and/or c-uplGyana had the duty to provide the
Plaintiffwith a safeplace towork.
31. Thatthe Defende, their agents,servants and/oremployees had the non-delegable duty to
see that thework sitewas kept reasonably safe and free of dangers and hazards to those
workerslawfully thereat.
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32. That on January ]1, 2018, while Plaintiff,ANTONIO ESPINOSA, was lawfully and
carefullyworking at be was struckby a fallingobjectthatshould have been secured due to
the negligence of the Defendants,their agents,servants and/or employees in theñcgligsat
erection, demolition, repairing, altering,painting, cleaning or pointing, awnership,
operation, rnaintenance, management, direction, supervision, possession, control,
construction, rehabilitationand/or alterationof said premisas and Plaintiff sustainedthe
injurieshereinafteralleged.
33. hat the Defcedañts, theiragents,servants and/or employees were negligent,reckless and
careless in the ownership, operation, mainten-nce, control,possession, sapervisiGñ,
direction,construction,inspection,management, renovation,rei4 drm and/or e!tation
of the saidpremises in thatthey failedto provide the Plaintiffwith a safeplace to work;
failedto furnish or erect,or cause to be fumished or erectedfor the performance of such
labor,scaffolding,hoist,stays,ladders,slings,hangerg blocks,pulleys,braces,frons,ropes,
nets,catchallsand other deviceswhich shallbe so constructed,secured,placed and operated
as to giveproper protection to a person so employed as thePlaintiffand Defende were
otherwisenegligent, recklessand careless.
34. That the Deendants, their agents,se1vants and/oremployees had actual and/or couuiruvilve
notice of thedangerous and defectivecondidens existingupon the work site,
35, That the accident,and the injuriesresulting therefrom,were caused solely and wholly by
reason of thenegligence of theDefend uts,theiragents,servants and/or emplayecs without
any fault,want of careor culpable conduct on thepart ofthe Plaintiff
coñüibuting thereto.
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36. That by reason of theforegoing,the Plaintiff
has sustained painfulseriousinjuries,has been
injuredand disabled, rendered sick,sore,lame, cthcrwiseinjured,disabled,and so rernains.
37. That he has been unable to attendto hisusual 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 thatby reason ofthe foregoing, sustained
plaintiff eccñamic loss.
38. That by reason of the foregoingPlaintiffhas been damaged in a sum which exceeds the
jurisdictionallimitsof alllower courtswhich would otherwise have jurisdidian.
AS AND FOR A SECOND CAUSE OF ACTION
ONSEHALF OF ANTOl$9ESPR{Q$4
39. Plaintiff,ANTONIO BSPINOSA, repeats,reiterates
and reallegeseach and every allegation
contained inthe FirstCause ofAction, with the same force and effectas though fullyset
forthherein.
40. That on January 11, 2018, there existed,in fullforce and effect,withinthe State of New
York, Section 200 of theLabor Law ofthe State ofNew York.
41. That reason of the ñêpigcñce of the n,r-nan-+. as aforesaid,the Defendants violated
by
Section 200 of theLabor Law of the StateofNew York.
42. That by reason ofthe foregoing,the Plaintiffhasbeen darnaged in a sum which exceeds the
jurisdictionallimitsof lower
all courtswhich would otherwise have juriention.
AS AND FOR A THIRD CAUSE OF ACTION
ON BEHALR.OF ANTONID ESPINOEA
43. ANTONIO
Plaintiff, ESPINOSA, repeats,reiterates
and reallegeseach and every allegation
contained in the Firstand Second Causes of Action, with the same force and as
effect
though fullyset forthat lengthherein.
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44. That on January 1 1, 2018,there in
existed, fullforce and effect,within the Stateof New
York, Section 240 of theLabor Law of the StateofNew York.
45. That on January 11, 2018, thereexisted,in fullforce and effect,within the Stateof New
York, Section 240 (1) & 240(2) of theLabor Law of theState of New York.
46. That by reason of the negligence of the Defenrkmta as afarcsaid,the Daferfacts violated
Section 240 as wellas Sections240(1) & (2) ofthe Labor Law of theStateofNew York.
47. That by reason ofthe foregoing,the Plaintiffhasbeen d=:ged ina sum which exceeds the
jurisdictionallimitsof alllowercourtswhich would otherwise have jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION
QNiEW...QFANEDMQ]!5PINOSA
48. ANTONIO
Plaintiff, ESPINOSA, repeats,reiteratesand reallegeseach and every allegation
contaiñcd in theFirst,Second and ThirdCauses of Action, together with thesame forceand
effectas though fullyset forth
at lengthherein.
49. That on January 11, 2018, there existed,in fullforceand effect, withinthe Stateof New
York, Section 241 of theLabor Law ofthe StateofNew Yòrk.
50. That on January 11, 2018, there in
existed, fullforce and within
effect, the Stateof New
York, Section 241 (6) oftheLabor Law of theState ofNew York.
SL That by reason of the negligence of the Defendants as afaressid,the Def-dets violated
Section 241 as well as Section241(6) of theLabor Law of theState ofNew York.
52. That by reason of theisregaing, thePlaintiffhas been damaged in a sum which exceeds the
jurisdictisñallimitsof alllowercourts which would otherwise have jurisdicGuia.
WHEREF ORE, Plaintiffdemand judg:nent againstthe Defcadañta hereinon allcauses
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ofaction,in an amount exceedingthejud3d;odonal limits ofalllower courtswhich would
otherwisehavejurisdictica,together withtbecosts anddisbesements ofthis action.
Dated: Bronx,NewYork
July26,2018
urs,etc.
ky,
. R25K & ASSOCIATES, PL
Atteme , forPlaintiff
IOESPINOSA
14È Bast 149th Street
Bronx,NewYork 10453
(718)993-9999
OurFileNo.18-1005
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.
ATTORNEY'S VERIFICATION
JACOB ORESKY, ESQ., an attarjicyduly admitted to practice
before the Courtsof the
StateofNew York, affirmsthe followingto be trueunder the penaltiesof I am an
perjury:
attorney at ORESKY & ASSOCIATES, PLLC, attorneys ofrecord for ANTONIO
Plaintiff,
ESP1NOSA. I haveread the annexed COMPLAINT and know thecontents thereof,and the
same are true
to my knowledge, except thosematters therein which are statedtobe a]}egedupon
information and belief,and as to those
matters I believethem to be true.My belief,as to those
matters thereinnot statedupon howledge, isbased upon facts,
records,and otherpertinent
information contained in my Bles.
This vodficâticais made by me because Plaintiffis notpresentlyin thecounty wherein1
maintain my offices.
DATED: Bronx, New York
July26, 2018999 .
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Index No,
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KD4GS
ANTONIO ESPINOSA
Plaintiff,
-against-
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC.
Defendant(s).
SUMMONS AND VERIFIED COMPLAINT
ORESKY & ASSOCIATE5, PLLC
Attorneys for Plainhff
Antonio Espinosa
149 East 149th Street
Bronx, New York,10451
718-993-9999
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK, COUNTY OF BRONX ss.:
Melissa Peralta,being duly sworn, deposes and says:
I am over 18 yearsof age, Iam not a partyto theaction, and I residein Queens County in
the Stateof New York.
I serveda truecopy ofthe annexed
NOTICE 01r SERVICE UPON THE SECRETARY OF STATE
on August 24, 2018
by mailing the same in a sealedenvelepc by Certified hinilReturn Receipt Requested and Rirst
ClasaMail with postage prepaid thereon, in a postoffice orofficialdepository of theU.S. Postal
$ervice within the State of New York, addressed to the lastknown address of the addressee as
indicated below:
Defendant's address:
MAC 60 LLC
2"d
3004 Avenue L, Floor
Brooldyn, NY 11210
ROYAL HOME IMPROVEMENTS, INC.
2"d
3004 Avenue L, Floor
Brooklyn, NY 11210
jdlelis im a
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ANTONIO ESPINOSA
Plaintiff,
-against-
MAC 60 LLC AND ROYAL HOME1MPROVEMENTS, INC.
Defendant(s),
NOTICE OF SERVICE UPON THE SECRETARY OF STATE
ORESKY & ASSOCIATES,PLLC
Attorneysfor Plainttff
Antonio Espinosa
149 East 149th Street
Bronx, New York,10451
718-993-9999
:
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ANTONIO ESPINOSA
Plaintiff,
-against-
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC.
Defendant(s).
NOTICE OF MOTION FOR DEFAULT JUDGMENT AND AFFIRMATION
ORESKY & ASSOCIATES, PLLC
Attorneys for Plaintiff
Antonio Espinosa
149 East 149th Street
Bronx, New York,10451
718-993-9999
Preview
FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 EXHIBIT A FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 F ILED : K INGS COUNTY CLERK 08 /2 4 / 2 018 0 9 : 45 INDEX NO. 515277/2018 AM| E .· 07 2 6 RECElY313EE½1rJr...E5·15QB#22p2018 S COUNTY CLERK 2 18 0 4 : 34 PM NYSCEF DOC. NO. 1 RECEIVED NY$CEF: 07/26/2018 COURT OF THE STATE OF NEW YORK SUMMONS SUPREME COUNTY OF KINGS Index No.: --- ~~ Date Purchased: ANTONIO ESPlNOSA, Plaintiff designatesKings Plaintiff, as theplace of trial. County -against- The basisof venue is: Plaintiffs Residence MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, Plaintiffresidesat: INC·> 1732 West 1st Street Brooklyn, NY 11223 Defendants. County of Kings To the above n amed Defendant(s) You are hereby sü==oned to answer the complaint inthis action,and toservea copy of your answer, or,ifthe complaint isnot served with this s'1mmens, to servea notice of appearance on the Plaintiffs attorneyswithin twenty days afterthe service ofthis summons, exclusive ofthe day of service,where service is Inadeby deliverfupon you personallywithin the state,or,within 30 days after compeien of servicewhere service is made in any othermanner, In case ofyour failureto appear or answer,judgment will be taken againstyou by defaultfor the relief demanded inthe complaint. DATED: Bronx, New York July 26,2018 ORE$K & ASSOCIATES, PLL C Attorne for Plaintiff O ESPINOSA 149Tast 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 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 FILED: KINGS COUNTY CLERK 08/24/2018 09:45 INDEX NO. 515277/2018 AMl 07/26/2018 04:34 RECEIVBDENYis@EEk1408r/;7efiela d'jFktEWr 1tit·N8S COUNTY CLERK PM) NYSCEF DOC. NO. 1 RECEn'ED NYSCEFa 07/2G/2010 TO:MAC60LLC 3004AvenueL,2"dFloor Brooklyn,NY11210 ROYALHOMEIMPROVEMENTS,1NC. 2"d 3004Avenue L, Floor Brooklyn,NY11210 2 2 of 12 5 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 FILED : K INGS COUNTY CLERK 08 /24 /2018 09: 45 W INDEX NO. 515277/2018 ILÈth i IN6S COUNTY CLERK 2 6 /2 018 04 : 34 PM RECEIYBDENYEGE&195EP/Zif€42010 07 / NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF K]NGS _..--- . --...- -.----··---X ANTONIO ESPINOSA, VEIUFIED COMPLAINT Plaintiff, Index No.: -against- MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., Defendants. . X Plaintiff,by his at:cmays, ORESKY & ASSOCIATES, PLLC, complaining of the . Defendants, respectfully upon alleges, information and belief,as follows: AS AND FOR A FIRST CAUSE OF ACTION Off%RNAT# Op.AlffONIO ESPINOSA 1. That at alltimes herein mendoned, Plaintiff was, and stillis,a residentof theCounty of Kings,State of New York. 2. That thisaction fallswithinone or more of theexceptions set forthin CPLR §1602. 3. That at alltimesherein m oned, Defendet, MAC 60 LLC, was and still isa domestic limited liability-=g=y duly organized and existingunder and by virtue of thelaws of the State ofNew York. 4. That at alltimesherein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was and is still a domestic husiñcas corporanc-a duly organized and existingunder and by virtueof thelaws of theState ofNew York. 3 3 of 12 6 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 (FILED : KINGS COUNTY CLERK O 8 /2 4 /2 018 09: 45 W INDEX NO. 515277/2018 • RECE1 2018 fLEth 1kT150s COUNTY CLERK 07 / 2 6 /2 018 0 4.:34 P1dj NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 5. That at all limes herein mentioned, Defendant, MAC 60 LLC, owned a building and structurelocatedat 2357 60th Street,Brooklyn, New York 1 1204. 6. That at alltimes hereinmentioned, Defendant, MAC 60 LLC, was the lessoror lesseeof a building and structurelocated at 2357 60th Street,Brooklyn, New York 11204. 7. That at alltimesherein incaticñed, Defendent, ROYAL HOME IMPROVEMENTS, INC., was the lessoror lesseeof a '-:!!d!ng and structure ]ocatedat . 8. That at all times herein mentioned Defendant, MAC 60 LLC, operated the aforesaid building and premises. 9. That at alltimes berein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., operated the h=u building and premises. 10. That at alltimes herein mentioned, Defendant, MAC 60 LLC, ren½ed the aforesaid building and premises. 11. That atall times hereinmentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., maintained the aforesaidbuilding and premises. 12. That at all times herein mentioned, Defed=n+, MAC 60 LLC, managed the âfcrasâjd building and premises. 13. That at alltimes hereinmen*3ened, Defendant, ROYAL HOME IMPROVEMENTS, INC., managed the aforesaidbuilding and premises. 14. That at alltimes herein mentioned, Defendant, MAC 60 LLC, was themanaging agent the of aforesaidbuilding and premises. 15. That at alltimes herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was themanaging agent ofthe aforesaidbuilding and premises. 4 . 4 of 12 7 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 (FILED : KINGS COUNTY CLERK 0 8 /14 2 0158 O9 : 4 5 INDE NO. 515277/2016 / AM| E t WNds COUNTY CLERK 07 / 2 6 /2 018 04 : 3 4 PM| RECEIME W MNG42818 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 16. That at all times herein mentiond Defendant, MAC 60 LLC, controlled the aforesaid building and premises. 17. That at alltimes hereinmatier=:d, Deferidant,ROYAL HOME IMPROVEMENTS, INC., controlledthe aforesaidbuilding and premises. 18. That at all times herein iüentiand Defendant, MAC 60 LLC, repaired the eferessid buildingand premises. 19. That at alltimesherein mennoned, Defendant, ROYAL HOME IMPROVEMENTS, INC,, repaired the aforesaidbuilding and premises. 20. That at alltimes herein asticñ4 Defendant, MAC 60 LLC, hired and/orretained the Defendant, ROYAL HOME IMPROVEMENTS, INC,, to perform work, labor and/or servicesupon premises located at 2357 60th Street, Brooklyn, New York 11204. 21. That at alltimes herein inc#=ad and on, or prior to,January 11, 2013, the Dafcadat, ROYAL HOME IMPROVEMENTS, INC., was hiredand/or retainedto actas the general contractor,construction manager, and / orcontractor for the work,labor and servicesupon thepremises locatedat 2357 60th Street,Brooklyn, New York 11204. 22, That at alltimes herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was a conector performing certainwork, labor,and services at theaforesaidpremises 23. That at alltimesherein mentioned, Defendant, MAC 60 LLC, was perfanñing certainwork, labor and services atthe aforesaidpremises. 24, That at alltimesherein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was performing certainwork, labor and servicesat theaforesaidpremises. 5 5 of 12 8 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 (FIL2D: KING5 COUNTY CLERK 08 /24/2018 0 9: 45 INDEX NO. 515277/2018 AM) RECEIYÑDEjjYg6',E 19 /fj§fgglB "{MWB¼ ktsòs couwer .ctsax 07/26/20i8 04:34 Pl$| NYSCEF DOC. No. 1 RECEIVED NYSCEF: 07/26/2018 25. That at alltimes herein mentioned, and on, or prior to,January 11,2018, theDefendants, their agents, servants and/or employees were engaged in the erection, demolider, construction,repairing,altering,painting, cleaning or pointingof the premises locatedat 2357 60 Brooklyn,NY 'Street, 11204. 26. That at alltimes herein mentioned, and on, or prior to,January 11, 2018, theDefendant, MAC 60 LLC, hired and/or retained GILMAR DESIGN CORP., to perform work atthe . aforesaidpremises. 27. That at alltimes herein mentioned, and on, or prior to, January 11, 2013, Defcñdard, ROYAL HOME IMPROVEMENTS, INC., hired and/or retained GILMAR DESIGN CORP. to perform work at theaforesaidpremises, 28. That on January 11, 2018, the Plaintiff,ANTONIO ESPINOSA, was an ek:ployee of GILMAR DESIGN CORP. 29. That at alltimes herein meraioned, and on, or prior to,January 11,2018, theDefendeta, theiragents,servants and/or crapisfoe were engaged in erection, demeEtion, construction, repairing,altering,, 2:;;, cleaning or pointing of the prcmiaë8 located at 2357 60th Street,Brooklyn, New York 11204. 30. That the Defendants, their agents,servants and/or c-uplGyana had the duty to provide the Plaintiffwith a safeplace towork. 31. Thatthe Defende, their agents,servants and/oremployees had the non-delegable duty to see that thework sitewas kept reasonably safe and free of dangers and hazards to those workerslawfully thereat. 6 6 of 12 9 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 COUNTY INDEX NO. 5152 7 7 /2 018 (FILED : XINGS CLERK 08 /2 4 /2018 09 : 45 AM| RECE 18 F1 E 1 NNGS COUNTY CLERK 07 / 2 6 /2 018 04 : 34 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCBF: 07/26/2010 32. That on January ]1, 2018, while Plaintiff,ANTONIO ESPINOSA, was lawfully and carefullyworking at be was struckby a fallingobjectthatshould have been secured due to the negligence of the Defendants,their agents,servants and/or employees in theñcgligsat erection, demolition, repairing, altering,painting, cleaning or pointing, awnership, operation, rnaintenance, management, direction, supervision, possession, control, construction, rehabilitationand/or alterationof said premisas and Plaintiff sustainedthe injurieshereinafteralleged. 33. hat the Defcedañts, theiragents,servants and/or employees were negligent,reckless and careless in the ownership, operation, mainten-nce, control,possession, sapervisiGñ, direction,construction,inspection,management, renovation,rei4 drm and/or e!tation of the saidpremises in thatthey failedto provide the Plaintiffwith a safeplace to work; failedto furnish or erect,or cause to be fumished or erectedfor the performance of such labor,scaffolding,hoist,stays,ladders,slings,hangerg blocks,pulleys,braces,frons,ropes, nets,catchallsand other deviceswhich shallbe so constructed,secured,placed and operated as to giveproper protection to a person so employed as thePlaintiffand Defende were otherwisenegligent, recklessand careless. 34. That the Deendants, their agents,se1vants and/oremployees had actual and/or couuiruvilve notice of thedangerous and defectivecondidens existingupon the work site, 35, That the accident,and the injuriesresulting therefrom,were caused solely and wholly by reason of thenegligence of theDefend uts,theiragents,servants and/or emplayecs without any fault,want of careor culpable conduct on thepart ofthe Plaintiff coñüibuting thereto. 7 of 12 10 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 FI LED i KINGS COUNTY CLERK O 8 /24 /2018 09: 45 INDEX NO. 5152 7 7/201 8 AM| h kTNGS COUNTY CLERK 07 2 6/2018 04 : 3 4 RECEIVBDENYg isFMgtB7fpf p)â%18 / PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 36. That by reason of theforegoing,the Plaintiff has sustained painfulseriousinjuries,has been injuredand disabled, rendered sick,sore,lame, cthcrwiseinjured,disabled,and so rernains. 37. That he has been unable to attendto hisusual 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 thatby reason ofthe foregoing, sustained plaintiff eccñamic loss. 38. That by reason of the foregoingPlaintiffhas been damaged in a sum which exceeds the jurisdictionallimitsof alllower courtswhich would otherwise have jurisdidian. AS AND FOR A SECOND CAUSE OF ACTION ONSEHALF OF ANTOl$9ESPR{Q$4 39. Plaintiff,ANTONIO BSPINOSA, repeats,reiterates and reallegeseach and every allegation contained inthe FirstCause ofAction, with the same force and effectas though fullyset forthherein. 40. That on January 11, 2018, there existed,in fullforce and effect,withinthe State of New York, Section 200 of theLabor Law ofthe State ofNew York. 41. That reason of the ñêpigcñce of the n,r-nan-+. as aforesaid,the Defendants violated by Section 200 of theLabor Law of the StateofNew York. 42. That by reason ofthe foregoing,the Plaintiffhasbeen darnaged in a sum which exceeds the jurisdictionallimitsof lower all courtswhich would otherwise have juriention. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALR.OF ANTONID ESPINOEA 43. ANTONIO Plaintiff, ESPINOSA, repeats,reiterates and reallegeseach and every allegation contained in the Firstand Second Causes of Action, with the same force and as effect though fullyset forthat lengthherein. 8 B of 12 11 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 F I LED : KINGS COUNTY CLERK 08 24 / 2 618 0 9 : 45 INDEX NO. 515277/2018 / AM) ' RECEIV DEjW(IEEh500()¾ d2918 LE6Ÿ ÈÈNUS COUNTY CLERK 07 / 2Yi /2 018 04 :34 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF : 07/2 6/2018 44. That on January 1 1, 2018,there in existed, fullforce and effect,within the Stateof New York, Section 240 of theLabor Law of the StateofNew York. 45. That on January 11, 2018, thereexisted,in fullforce and effect,within the Stateof New York, Section 240 (1) & 240(2) of theLabor Law of theState of New York. 46. That by reason of the negligence of the Defenrkmta as afarcsaid,the Daferfacts violated Section 240 as wellas Sections240(1) & (2) ofthe Labor Law of theStateofNew York. 47. That by reason ofthe foregoing,the Plaintiffhasbeen d=:ged ina sum which exceeds the jurisdictionallimitsof alllowercourtswhich would otherwise have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION QNiEW...QFANEDMQ]!5PINOSA 48. ANTONIO Plaintiff, ESPINOSA, repeats,reiteratesand reallegeseach and every allegation contaiñcd in theFirst,Second and ThirdCauses of Action, together with thesame forceand effectas though fullyset forth at lengthherein. 49. That on January 11, 2018, there existed,in fullforceand effect, withinthe Stateof New York, Section 241 of theLabor Law ofthe StateofNew Yòrk. 50. That on January 11, 2018, there in existed, fullforce and within effect, the Stateof New York, Section 241 (6) oftheLabor Law of theState ofNew York. SL That by reason of the negligence of the Defendants as afaressid,the Def-dets violated Section 241 as well as Section241(6) of theLabor Law of theState ofNew York. 52. That by reason of theisregaing, thePlaintiffhas been damaged in a sum which exceeds the jurisdictisñallimitsof alllowercourts which would otherwise have jurisdicGuia. WHEREF ORE, Plaintiffdemand judg:nent againstthe Defcadañta hereinon allcauses 9 9 of 12 12 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 (FILED: KINGS COUNTY CLERK 08/24/2018 09 : 45 $ INDEX NO. 515277/2018 RECEIMEWM12/1pf2918 ÙŸ idENUS COUNTY CLERK 07/26/2018 04:34 PM| NYSCEF DOC, NO. 1 RECEIVED NYSCEF: 07/26/2018 ofaction,in an amount exceedingthejud3d;odonal limits ofalllower courtswhich would otherwisehavejurisdictica,together withtbecosts anddisbesements ofthis action. Dated: Bronx,NewYork July26,2018 urs,etc. ky, . R25K & ASSOCIATES, PL Atteme , forPlaintiff IOESPINOSA 14È Bast 149th Street Bronx,NewYork 10453 (718)993-9999 OurFileNo.18-1005 10 10 of 12 13 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 . FILED: KINGS COUNTY GLERK 0 8 /2 4 /2018 09 : 45 W INDEX NO. 515277/2018 : 34 RECEIYSDE¼Y)6 EE15QB//7242818 I ELEDr IdNÒS COUNTY CLERK 07 / 2 6 /2 018 .04 PN| NYSCEF DOC. NO, 1 RECEIVED NYSCEF: 07/2 6/2018 . ATTORNEY'S VERIFICATION JACOB ORESKY, ESQ., an attarjicyduly admitted to practice before the Courtsof the StateofNew York, affirmsthe followingto be trueunder the penaltiesof I am an perjury: attorney at ORESKY & ASSOCIATES, PLLC, attorneys ofrecord for ANTONIO Plaintiff, ESP1NOSA. I haveread the annexed COMPLAINT and know thecontents thereof,and the same are true to my knowledge, except thosematters therein which are statedtobe a]}egedupon information and belief,and as to those matters I believethem to be true.My belief,as to those matters thereinnot statedupon howledge, isbased upon facts, records,and otherpertinent information contained in my Bles. This vodficâticais made by me because Plaintiffis notpresentlyin thecounty wherein1 maintain my offices. DATED: Bronx, New York July26, 2018999 . 11 11 of 12 14. of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 F ILED : KINGS COUNTY CLERK 0 8 /2 4 /2 018 0 9 : 4 5 INDEX No. 515277/2018 AM| RECEIME 1 1M63Q1B TÉf LE r ÈtN$8 COUNTY CLERK 07 / 2 6 /2 018 O4 : 3 4 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEP: 07/26/2018 Index No, SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KD4GS ANTONIO ESPINOSA Plaintiff, -against- MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC. Defendant(s). SUMMONS AND VERIFIED COMPLAINT ORESKY & ASSOCIATE5, PLLC Attorneys for Plainhff Antonio Espinosa 149 East 149th Street Bronx, New York,10451 718-993-9999 12 of 12 15 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 COUNTY CLERK O 8 /24 / 2 018 0 9 : 45 INDEX NO. 515277/2018 (FILED : KINGS AM| NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/24/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF BRONX ss.: Melissa Peralta,being duly sworn, deposes and says: I am over 18 yearsof age, Iam not a partyto theaction, and I residein Queens County in the Stateof New York. I serveda truecopy ofthe annexed NOTICE 01r SERVICE UPON THE SECRETARY OF STATE on August 24, 2018 by mailing the same in a sealedenvelepc by Certified hinilReturn Receipt Requested and Rirst ClasaMail with postage prepaid thereon, in a postoffice orofficialdepository of theU.S. Postal $ervice within the State of New York, addressed to the lastknown address of the addressee as indicated below: Defendant's address: MAC 60 LLC 2"d 3004 Avenue L, Floor Brooldyn, NY 11210 ROYAL HOME IMPROVEMENTS, INC. 2"d 3004 Avenue L, Floor Brooklyn, NY 11210 jdlelis im a 16 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 FILED: KINGS COUNTY CLERK 08 /24 /2018 09: 45 INDEX NO. 515277/2018 NYSCEF DOC. No. 4 RECEIVED NYSCEF: 08/24/2018 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ANTONIO ESPINOSA Plaintiff, -against- MAC 60 LLC AND ROYAL HOME1MPROVEMENTS, INC. Defendant(s), NOTICE OF SERVICE UPON THE SECRETARY OF STATE ORESKY & ASSOCIATES,PLLC Attorneysfor Plainttff Antonio Espinosa 149 East 149th Street Bronx, New York,10451 718-993-9999 : 17 of 17 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/29/2019 Index No. 515277/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ANTONIO ESPINOSA Plaintiff, -against- MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC. Defendant(s). NOTICE OF MOTION FOR DEFAULT JUDGMENT AND AFFIRMATION ORESKY & ASSOCIATES, PLLC Attorneys for Plaintiff Antonio Espinosa 149 East 149th Street Bronx, New York,10451 718-993-9999