Preview
FILED: ESSEX COUNTY CLERK 01/06/2023 02:39 PM INDEX NO. CV22-0139
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/06/2023
FILED:
FILED : ESSEX
ESSEX COUNTY
COUNTY CLERK
CLERK 01/06/2023
04/12/2022 02:39
10:03 PM INDEX
INDEX NO..
NO CV22-0139
CV2 2 -0139
AM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 91 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/06/2023
04/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ESSEX
NIAGARA MOHAWK POWER CORPORATION SUMMONS
D/B/A NATIONAL GRID
Index No.
Filed on:
Plaintiff,
-against- The basis of venue
designated above is that the
MANFRED INC. Defendant has a place of
CONSTRUCTION,
business within Essex
Defendant(s). County.
Plaintiff's Address: 300 Erie Boulevard, Syracuse, NY 13202
Defendant's Address: 5094 NYS Route 9N, Westport, NY 12993
TO THE ABOVE-NAMED DEFENDANT(S):
You are hereby summoned and required to submit to Plaintiffs attorneys an Answer to
the Complaint in this action within twenty (20) days after the service of this Summons, exclusive
of the day of service, or within thirty (30) days after servicei is complete if thisSummons is not
personally delivered to you within the State of New York. In case of your failure to answer,
judgment will be taken against you by default for the relief demanded in the Complaint.
4- -
Dated: H c199
Joshua I.Aron s
James P. a, Esq.
SO ON AND SOLOMON, P.C.
A torneys for Plaintiff
Office & P.O. Address
Columbia Circle, Box 15019
Albany, New York 12212-5019
Ph. (518) 456-7200
(File No.: 27401736)
1 of 6
FILED:
FILED : ESSEX
ESSEX COUNTY
COUNTY CLERK
CLERK 01/06/2023
0 4 /12 /2022 02:39
10 :03 PM INDEX
INDEX NO..
NO CV22-0139
CV2 2 -0139
AM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 91 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/06/2023
04/12/2022
27401736
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ESSEX
NIAGARA MOHAWK POWER CORPORATION
D/B/A NATIONAL GRD
Plaintiff,
COMPLAINT
-against-
Index No.
MANFRED cONSTRUCTION, INC.
Defendant(s).
Plaintiff, Niagara Mohawk Power Corporation, by its attorneys, Solomon and
Solomon, P.C., complaining of Defendant, respectfully alleges, upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
1. At all times hereinafter mentioned, Plaintiff was and stillis a domestic
corporation duly organized and existing under the laws of the State of New York and has a
place for the regular transaction of business at 300 Erie Blvd. West, Syracuse, New York.
2. At all times hereinafter mentioned, Plaintiff was the owner of certain conduits,
cables and other power and/or gas facilities and appurtenances located in the vicinity of
Remsen Street, Cohoes, New York.
3. Upon information and belief, the Defendant, Manfred Construction, Inc. was and
stillis a corporation located at 5094 NYS RT 9N, Westport, NY.
4. On or about June 16, 2020, Defendant, its agents, servants and/or employees,
while working in the vicinity of 1876 W. Elm Street, Oneida, New York on and beneath the
conduits, service lines and/or mains and other power and/or gas facilities and appurtenances
of Plaintiff, said Defendants, itsagents, servants and/or employees, used and employed
excavating equipment.
5. On or about June 16, 2020, Defendant its agents, servants and/or employees,
knew or should have known of the presence of Plaintiffs conduits, service lines and/or mains
and other power and/or gas facilities and appurtenances and the location thereof.
6. On or about June 16, 2020, Defendant its agents, servants and/or employees
notwithstanding its/their knowledge, actual or constructive or both, of the presence or
2 of 6
FILED:
FILED : ESSEX
ESSEX COUNTY
COUNTY CLERK
CLERK 01/06/2023
0 4 12 2 0 2 2 02:39
10 :03 PM INDEX
INDEX NO..
NO CV22-0139
CV2 2 -0139
/ / AM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 91 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/06/2023
04/12/2022
location of Plaintiffs aforesaid conduits, service lines and/or mains and other power and/or
gas facilities and appurtenances, excavated, dug and performed work in the vicinity of 1876
W. Elm Street, Oneida, New York and during the course thereof, and in a reckless, careless
and negligent manner, damaged Plaintiffs conduits, sewage lines, service lines and other
power and/or gas facilities and appurtenances hereinbefore mentioned.
7. Said damages herein referred to were caused solely by the negligence of
Defendants without any negligence or fault on the part of Plaintiff contributing thereto.
8. Defendant having knowledge, actual, constructive or both, of the existence of the
Plaintiff's facilities at the accident site, conducted their operations in a careless, negligent,
reckless and haphazard manner; exercised improper, negligent, reckless and haphazard
supervision, over their agents, servants and/or employees; improperly and haphazardly
planned and laid out work processes that they were carrying out at the aforesaid site;
employed unskilled, inept, improper, negligent, careless, and reckless workers; was careless,
negligent, reckless and haphazard about protecting the aforesaid property of the Plaintiff,
failed to notify the Plaintiff that they would be working in the area of the Plaintiff's property
and that the unskilled, inept, improper, negligent, careless and reckless contractors, workers,
agents, servants and/or employees would be working in the immediate vicinity of Plaintiff's
property; failed to avoid having their equipment strike Plaintiff's service facilities, all to the
damage of the Plaintiff.
9. By reason of the foregoing, Plaintiff was damaged in the sum of $99,300.00.
10. This is a claim for property damage only so that the limitations of liability of
persons jointly liable as set forth in Article 16 of the CPLR do not apply to this action.
AS AND FOR A SECOND CAUSE OF ACTION
11. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "10"
Paragraphs through of Plaintiffs Complaint, inclusive, with the same full force and
effect as though more fully set forth herein at length.
12. On or prior to June 16, 2020, Plaintiff was a public service corporation organized
and existing under and by virtue of the laws of the State of New York. On and before June
16, 2020, Plaintiff owned and operated an underground conduit, service lines and other
power and/or gas facilities and appurtenances situated in the vicinity of 1876 W. Elm Street,
2
3 of 6
FILED:
FILED : ESSEX
ESSEX COUNTY
COUNTY CLERK
CLERK 01/06/2023
04/12/2022 02:39
10:03 PM INDEX
INDEX NO..
NO CV22-0139
CV2 2 -0139
AM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 91 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/06/2023
04/12/2022
Oneida, New York.
13. Prior to and on the aforesaid date, there was in force and effect a statute enacted
corporations'
for the protection of public service property of the class hereinabove described,
to wit: Section 760 (etseq) of the General Business Law.
14. On or about June 16, 2020, Defendant its agents, servants, and/or employees,
excavated and/or dug the subsurface in the vicinity of 1876 W. Elm Street, Oneida, New
York and said excavation was made without compliance with and/or in violation of Section
760 (et seq) of the General Business Law, resulting in damages to Plaintiffs aforesaid
conduits, cables and other power and/or gas facilities and appurtenances in the sum of
$99,300.00.
AS AND FOR A THIRD CAUSE OF ACTION
15. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "14"
Paragraphs through of its Complaint, inclusive, with the same full force and effect
as if same were more fully set forth herein at length.
16. Prior to and on the aforesaid date, there was in force and effect a statute enacted
for the protection of public service corporations property of the class hereinbefore described,
to wit: Section 119-b of the Public Service Law of the State of New York.
17. On or about June 16, 2020, Defendant its agents, servants and/or employees
excavated and/or dug the subsurface in the vicinity 1876 W. Elm Street, Oneida, New York
and said excavation was made without compliance with and/or in violation of Section 119-b,
resulting in damages to Plaintiffs facilities in the sum of $99,300.00.
AS AND FOR A FOURTH CAUSE OF ACTION
18. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "17"
Paragraphs through ofits Complaint, inclusive, with the same full force and effect
as if same were more fully set forth herein at length.
19. At alltimes heretofore mentioned, there was in force and effect a certain code,
rule or regulation of the State ofNew York enacted for the protection of public service
3
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FILED:
FILED : ESSEX
ESSEX COUNTY
COUNTY CLERK
CLERK 01/06/2023
0 4 /12 /2022 02:39
10 :03 PM INDEX
INDEX NO..
NO CV22-0139
CV2 2 -0139
AM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 91 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/06/2023
04/12/2022
corporations'
property of the class hereinbefore described, to wit: Industrial Code Rule No.
53 (16 NYCRR Section 753 ).
20. On or about June 16, 2020, Defendant, itsagents, servants, and/or employees,
excavated and/or dug into the subsurface in the vicinity of 1876 W. Elm Street, Oneida, New
York and said excavation was made without compliance with the provisions of said
Industrial Code Rule No. 53, resulting in damages to Plaintiffs aforesaid conduits, cables and
other power and/or gas facilities and appurtenances in the sum of $99,300.00.
AS AND FOR A FIFTH CAUSE OF ACTION
21. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "20"
Paragraphs through of its Complaint, inclusive, with the same full force and effect
as if same were more fully set forth herein at length.
22. At all times heretofore mentioned, Plaintiff had an easement located in the
vicinity of 1876 W. Elm Street, Oneida, New York to wit: Plaintiff was able to and did run
conduits, cables and other power and/or gas facilities and appurtenances.
23. At all times heretofore mentioned, Plaintiff was using and/or was in actual
possession of the aforementioned conduits, cables and other power and/or gas facilities and
appurtenances located at the vicinity of 1876 W. Elm Street, Oneida, New York.
24. On or about June 16, 2020, Defendant intentionally trespassed upon the aforesaid
conduits, cables and other power and/or gas facilities and appurtenances.
25. As a direct and proximate cause of said trespass, itbecame necessary for Plaintiff
to repair the damages to Plaintiffs aforesaid conduits, service lines and other power and/or
gas facilities and appurtenances in the sum of $99,300.00.
4
5 of 6
FILED:
FILED : ESSEX
ESSEX COUNTY
COUNTY CLERK
CLERK 01/06/2023
0 4 /12 /2022 02:39
10 :03 PM INDEX
INDEX NO..
NO CV22-0139
CV2 2 -0139
AM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 91 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/06/2023
04/12/2022
WHEREFORE, Plaintiff demands judgment against Defendant in the sum of
$99,300.00 with interest from June 16, 2020, together with costs and disbursements of this
action.
Dated:
Yours, etc
Joshua I.Aron q.
James P. ita, Esq.
SOLOMON AND SOLOMON, P.C.
Attorneys for Plaintiff
Office & P.O. Address
Columbia Circle, Box 15019
Albany, New York 12212-5019
Ph. (518) 456-7200
File No.: 27401736
5
6 of 6
Preview
FILED: ESSEX COUNTY CLERK 01/06/2023 02:39 PM INDEX NO. CV22-0139 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/06/2023 FILED: FILED : ESSEX ESSEX COUNTY COUNTY CLERK CLERK 01/06/2023 04/12/2022 02:39 10:03 PM INDEX INDEX NO.. NO CV22-0139 CV2 2 -0139 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 91 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/06/2023 04/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ESSEX NIAGARA MOHAWK POWER CORPORATION SUMMONS D/B/A NATIONAL GRID Index No. Filed on: Plaintiff, -against- The basis of venue designated above is that the MANFRED INC. Defendant has a place of CONSTRUCTION, business within Essex Defendant(s). County. Plaintiff's Address: 300 Erie Boulevard, Syracuse, NY 13202 Defendant's Address: 5094 NYS Route 9N, Westport, NY 12993 TO THE ABOVE-NAMED DEFENDANT(S): You are hereby summoned and required to submit to Plaintiffs attorneys an Answer to the Complaint in this action within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after servicei is complete if thisSummons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Complaint. 4- - Dated: H c199 Joshua I.Aron s James P. a, Esq. SO ON AND SOLOMON, P.C. A torneys for Plaintiff Office & P.O. Address Columbia Circle, Box 15019 Albany, New York 12212-5019 Ph. (518) 456-7200 (File No.: 27401736) 1 of 6 FILED: FILED : ESSEX ESSEX COUNTY COUNTY CLERK CLERK 01/06/2023 0 4 /12 /2022 02:39 10 :03 PM INDEX INDEX NO.. NO CV22-0139 CV2 2 -0139 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 91 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/06/2023 04/12/2022 27401736 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ESSEX NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRD Plaintiff, COMPLAINT -against- Index No. MANFRED cONSTRUCTION, INC. Defendant(s). Plaintiff, Niagara Mohawk Power Corporation, by its attorneys, Solomon and Solomon, P.C., complaining of Defendant, respectfully alleges, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION 1. At all times hereinafter mentioned, Plaintiff was and stillis a domestic corporation duly organized and existing under the laws of the State of New York and has a place for the regular transaction of business at 300 Erie Blvd. West, Syracuse, New York. 2. At all times hereinafter mentioned, Plaintiff was the owner of certain conduits, cables and other power and/or gas facilities and appurtenances located in the vicinity of Remsen Street, Cohoes, New York. 3. Upon information and belief, the Defendant, Manfred Construction, Inc. was and stillis a corporation located at 5094 NYS RT 9N, Westport, NY. 4. On or about June 16, 2020, Defendant, its agents, servants and/or employees, while working in the vicinity of 1876 W. Elm Street, Oneida, New York on and beneath the conduits, service lines and/or mains and other power and/or gas facilities and appurtenances of Plaintiff, said Defendants, itsagents, servants and/or employees, used and employed excavating equipment. 5. On or about June 16, 2020, Defendant its agents, servants and/or employees, knew or should have known of the presence of Plaintiffs conduits, service lines and/or mains and other power and/or gas facilities and appurtenances and the location thereof. 6. On or about June 16, 2020, Defendant its agents, servants and/or employees notwithstanding its/their knowledge, actual or constructive or both, of the presence or 2 of 6 FILED: FILED : ESSEX ESSEX COUNTY COUNTY CLERK CLERK 01/06/2023 0 4 12 2 0 2 2 02:39 10 :03 PM INDEX INDEX NO.. NO CV22-0139 CV2 2 -0139 / / AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 91 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/06/2023 04/12/2022 location of Plaintiffs aforesaid conduits, service lines and/or mains and other power and/or gas facilities and appurtenances, excavated, dug and performed work in the vicinity of 1876 W. Elm Street, Oneida, New York and during the course thereof, and in a reckless, careless and negligent manner, damaged Plaintiffs conduits, sewage lines, service lines and other power and/or gas facilities and appurtenances hereinbefore mentioned. 7. Said damages herein referred to were caused solely by the negligence of Defendants without any negligence or fault on the part of Plaintiff contributing thereto. 8. Defendant having knowledge, actual, constructive or both, of the existence of the Plaintiff's facilities at the accident site, conducted their operations in a careless, negligent, reckless and haphazard manner; exercised improper, negligent, reckless and haphazard supervision, over their agents, servants and/or employees; improperly and haphazardly planned and laid out work processes that they were carrying out at the aforesaid site; employed unskilled, inept, improper, negligent, careless, and reckless workers; was careless, negligent, reckless and haphazard about protecting the aforesaid property of the Plaintiff, failed to notify the Plaintiff that they would be working in the area of the Plaintiff's property and that the unskilled, inept, improper, negligent, careless and reckless contractors, workers, agents, servants and/or employees would be working in the immediate vicinity of Plaintiff's property; failed to avoid having their equipment strike Plaintiff's service facilities, all to the damage of the Plaintiff. 9. By reason of the foregoing, Plaintiff was damaged in the sum of $99,300.00. 10. This is a claim for property damage only so that the limitations of liability of persons jointly liable as set forth in Article 16 of the CPLR do not apply to this action. AS AND FOR A SECOND CAUSE OF ACTION 11. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "10" Paragraphs through of Plaintiffs Complaint, inclusive, with the same full force and effect as though more fully set forth herein at length. 12. On or prior to June 16, 2020, Plaintiff was a public service corporation organized and existing under and by virtue of the laws of the State of New York. On and before June 16, 2020, Plaintiff owned and operated an underground conduit, service lines and other power and/or gas facilities and appurtenances situated in the vicinity of 1876 W. Elm Street, 2 3 of 6 FILED: FILED : ESSEX ESSEX COUNTY COUNTY CLERK CLERK 01/06/2023 04/12/2022 02:39 10:03 PM INDEX INDEX NO.. NO CV22-0139 CV2 2 -0139 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 91 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/06/2023 04/12/2022 Oneida, New York. 13. Prior to and on the aforesaid date, there was in force and effect a statute enacted corporations' for the protection of public service property of the class hereinabove described, to wit: Section 760 (etseq) of the General Business Law. 14. On or about June 16, 2020, Defendant its agents, servants, and/or employees, excavated and/or dug the subsurface in the vicinity of 1876 W. Elm Street, Oneida, New York and said excavation was made without compliance with and/or in violation of Section 760 (et seq) of the General Business Law, resulting in damages to Plaintiffs aforesaid conduits, cables and other power and/or gas facilities and appurtenances in the sum of $99,300.00. AS AND FOR A THIRD CAUSE OF ACTION 15. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "14" Paragraphs through of its Complaint, inclusive, with the same full force and effect as if same were more fully set forth herein at length. 16. Prior to and on the aforesaid date, there was in force and effect a statute enacted for the protection of public service corporations property of the class hereinbefore described, to wit: Section 119-b of the Public Service Law of the State of New York. 17. On or about June 16, 2020, Defendant its agents, servants and/or employees excavated and/or dug the subsurface in the vicinity 1876 W. Elm Street, Oneida, New York and said excavation was made without compliance with and/or in violation of Section 119-b, resulting in damages to Plaintiffs facilities in the sum of $99,300.00. AS AND FOR A FOURTH CAUSE OF ACTION 18. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "17" Paragraphs through ofits Complaint, inclusive, with the same full force and effect as if same were more fully set forth herein at length. 19. At alltimes heretofore mentioned, there was in force and effect a certain code, rule or regulation of the State ofNew York enacted for the protection of public service 3 4 of 6 FILED: FILED : ESSEX ESSEX COUNTY COUNTY CLERK CLERK 01/06/2023 0 4 /12 /2022 02:39 10 :03 PM INDEX INDEX NO.. NO CV22-0139 CV2 2 -0139 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 91 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/06/2023 04/12/2022 corporations' property of the class hereinbefore described, to wit: Industrial Code Rule No. 53 (16 NYCRR Section 753 ). 20. On or about June 16, 2020, Defendant, itsagents, servants, and/or employees, excavated and/or dug into the subsurface in the vicinity of 1876 W. Elm Street, Oneida, New York and said excavation was made without compliance with the provisions of said Industrial Code Rule No. 53, resulting in damages to Plaintiffs aforesaid conduits, cables and other power and/or gas facilities and appurtenances in the sum of $99,300.00. AS AND FOR A FIFTH CAUSE OF ACTION 21. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "20" Paragraphs through of its Complaint, inclusive, with the same full force and effect as if same were more fully set forth herein at length. 22. At all times heretofore mentioned, Plaintiff had an easement located in the vicinity of 1876 W. Elm Street, Oneida, New York to wit: Plaintiff was able to and did run conduits, cables and other power and/or gas facilities and appurtenances. 23. At all times heretofore mentioned, Plaintiff was using and/or was in actual possession of the aforementioned conduits, cables and other power and/or gas facilities and appurtenances located at the vicinity of 1876 W. Elm Street, Oneida, New York. 24. On or about June 16, 2020, Defendant intentionally trespassed upon the aforesaid conduits, cables and other power and/or gas facilities and appurtenances. 25. As a direct and proximate cause of said trespass, itbecame necessary for Plaintiff to repair the damages to Plaintiffs aforesaid conduits, service lines and other power and/or gas facilities and appurtenances in the sum of $99,300.00. 4 5 of 6 FILED: FILED : ESSEX ESSEX COUNTY COUNTY CLERK CLERK 01/06/2023 0 4 /12 /2022 02:39 10 :03 PM INDEX INDEX NO.. NO CV22-0139 CV2 2 -0139 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 91 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/06/2023 04/12/2022 WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $99,300.00 with interest from June 16, 2020, together with costs and disbursements of this action. Dated: Yours, etc Joshua I.Aron q. James P. ita, Esq. SOLOMON AND SOLOMON, P.C. Attorneys for Plaintiff Office & P.O. Address Columbia Circle, Box 15019 Albany, New York 12212-5019 Ph. (518) 456-7200 File No.: 27401736 5 6 of 6