Preview
FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.:
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JOSE ROMERO,
Plaintiff designates
Plaintiff, NEW YORK COUNTY
as the place of trial
The basis of venue is
-against- Accident Location
LAWRENCE EXTERIOR RESTORATION CORP. and SUMMONS
THE TRUSTEES OF COLUMBIA UNIVERSITY IN
THE CITY OF NEW YORK, The incident occurred at 562
West 113th Street,
New York, New York.
Defendants.
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COUNTY OF NEW YORK
To the above-named Defendant(s):
You are hereby Summoned to answer the Complaint in this action and to serve a copy of
your answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance
on the plaintiff’s attorneys within twenty (20) days after the service of this Summons, exclusive
of the date of service (or within thirty (30) days after the service is complete if this Summons is
not personally delivered to you within the State of New York); and in case of your failure to appear
or answer, judgment will be taken against you by default for the relief demanded in the Complaint.
Dated: Garden City, New York
April 11, 2023
THE BONGIORNO LAW FIRM, PLLC
By:_____________________________
BRANDON M. CRUZ
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-4170
Defendant’s Address:
LAWRENCE EXTERIOR RESTORATION CORP.
c/o New York Secretary of State
-and-
150-44 11th Avenue, Whitestone, New York 11357
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THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK
Office of General Counsel
412 Low Memorial Library
535 West 116th Street
New York, New York 10027
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.:
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JOSE ROMERO,
Plaintiff, VERIFIED
COMPLAINT
- against -
LAWRENCE EXTERIOR RESTORATION CORP. and
THE TRUSTEES OF COLUMBIA UNIVERSITY IN
THE CITY OF NEW YORK,
Defendants.
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Plaintiff, JOSE ROMERO, by his attorneys, THE BONGIORNO LAW FIRM, PLLC,
complaining of the defendants herein alleges as follows:
THE PARTIES
1. That at all times hereinafter mentioned, Plaintiff, JOSE ROMERO, was and still
is a resident of the County of New York, State of New York.
2. That at all times hereinafter mentioned, upon information and belief, the
Defendant, LAWRENCE EXTERIOR RESTORATION CORP., was and still is a domestic
business corporation licensed and/or authorized to conduct business within the State of New York,
and to do business under and by virtue of the laws of the State of New York.
3. That at all times hereinafter mentioned, upon information and belief, the
Defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK,
was and is a private organization duly organized and existing by and under the laws of the State
of New York.
4. That at all times hereinafter mentioned, upon information and belief, the
Defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK
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(hereinafter also referred to as “Columbia University”), owns or otherwise operates Columbia
University.
5. That at all times hereinafter mentioned, upon information and belief, Columbia
University’s principal office location is 535 West 116th Street, New York, New York.
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST DEFENDANT, LAWRENCE EXTERIOR RESTORATION CORP.
(General Negligence)
6. That plaintiff, JOSE ROMERO, repeats, reiterates and realleges each and every
allegation of this complaint with the same force and effect as if separately enumerated hereunder.
7. That on and prior to July 26, 2021, there was a premises located at 562 West 113th
Street, New York, New York 10025.
8. That on and prior to July 26, 2021, construction, demolition, repairs, alterations
and/or excavation were taking place at the aforementioned premises.
9. That on and prior to July 26, 2021, a construction project was taking place at the
aforementioned premises.
10. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., was the general contractor for the aforementioned project.
11. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., was the owner of the aforementioned construction project.
12. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., was the owner of the aforementioned construction project site.
13. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, contracted and sub-contracted for
construction work to be done at the aforementioned construction project site.
14. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
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RESTORATION CORP., its agents, servants and/or employees, directed the work at the
aforementioned construction project site.
15. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, controlled the work at the
aforementioned construction project site.
16. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, supervised the work at the
aforementioned construction project site.
17. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, engaged in work at the
aforementioned construction project site.
18. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, supervised site safety at the
aforementioned construction project site.
19. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, was responsible for site safety at
the aforementioned construction project site.
20. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, managed site safety at the
aforementioned construction project site.
21. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, controlled site safety at the
aforementioned construction project site.
22. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR
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RESTORATION CORP., its agents, servants and/or employees, directed and controlled the means
and methods and manner of the work being done at the aforementioned construction project site.
23. That on and prior to July 26, 2021, it was the duty and obligation of the defendant,
LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, to
own, operate, maintain, control, direct, supervise and engage in work at the aforementioned
premises and construction project site in a reasonable and safe manner, and to keep and maintain
the premises and construction project site in a reasonably safe condition.
24. That on and prior to July 26, 2021, dangerous conditions existed at the
aforementioned premises and construction project site.
25. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, had actual and constructive notice
of the aforementioned dangerous conditions.
26. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, created the aforementioned
dangerous conditions.
27. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, failed to inspect for the
aforementioned dangerous conditions.
28. That on and prior to July 26, 2021, despite notice of and/or creation of the same,
the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or
employees, failed to remedy or otherwise correct the aforementioned dangerous conditions.
29. That on or about July 26, 2021, the plaintiff, JOSE ROMERO, in the course of his
employment for a subcontractor, doing work at the aforementioned construction project site,
encountered the aforementioned dangerous conditions.
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30. That as a result of his encounter with the aforementioned dangerous conditions, the
plaintiff, JOSE ROMERO, was seriously and permanently injured.
31. That the injuries and damages sustained by the plaintiff, JOSE ROMERO, were
caused solely by the negligence, carelessness and recklessness of the defendant, LAWRENCE
EXTERIOR RESTORATION CORP., its employees, agents, servants and/or contractors, by
virtue of their breach of the aforementioned duties and obligations, and without any contributing
negligence on the part of the plaintiff herein.
32. That as a result of the negligence of the defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, the plaintiff, JOSE ROMERO,
was caused to sustain severe and permanent personal injuries.
33. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged
in a sum that exceeds the jurisdictional limits of all lower Courts.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST DEFENDANT, LAWRENCE EXTERIOR RESTORATION CORP.
(Labor Law Section 200)
34. That plaintiff, JOSE ROMERO, repeats, reiterates and realleges each and every
allegation of this Complaint previously alleged herein with the same force and effect as if same
were separately enumerated hereunder.
35. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, violated Section 200 of the Labor
Law.
36. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and
permanently injured.
37. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged
in a sum that exceeds the jurisdictional limits of all lower Courts.
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AS AND FOR A THIRD CAUSE OF ACTION
AGAINST DEFENDANT, LAWRENCE EXTERIOR RESTORATION CORP.
(Labor Law Section 240(1))
38. That plaintiff repeats, reiterates and realleges each and every allegation of this
Complaint previously alleged herein with the same force and effect as if same were separately
enumerated hereunder.
39. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, violated Section 240(1) of the
Labor Law.
40. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and
permanently injured.
41. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged
in a sum that exceeds the jurisdictional limits of all lower Courts.
AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST DEFENDANT, LAWRENCE EXTERIOR RESTORATION CORP.
(Labor Law Section 241(6))
42. That plaintiff repeats, reiterates and realleges each and every allegation of this
Complaint previously alleged herein with the same force and effect as if same were separately
enumerated hereunder.
43. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR
RESTORATION CORP., its agents, servants and/or employees, violated Section 241(6) of the
Labor Law.
44. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and
permanently injured.
45. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged
in a sum that exceeds the jurisdictional limits of all lower Courts.
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AS AND FOR A FIFTH CAUSE OF ACTION
AGAINST DEFENDANT, COLUMBIA UNIVERSITY
(General Negligence)
46. That plaintiff, JOSE ROMERO, repeats, reiterates and realleges each and every
allegation of this complaint with the same force and effect as if separately enumerated hereunder.
47. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, was
the owner of 562 West 113th Street, New York, New York 10025 (hereinafter also referred to as
“the aforementioned premises”).
48. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, was the owner of the aforementioned premises.
49. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, managed the aforementioned premises.
50. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, maintained the aforementioned premises.
51. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, controlled the aforementioned premises.
52. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, supervised the aforementioned premises.
53. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, contracted and sub-contracted for construction work to be done
at the aforementioned premises.
54. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, directed the construction work at the aforementioned premises.
55. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, controlled the construction work at the aforementioned
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premises.
56. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, supervised the construction work at the aforementioned
premises.
57. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, directed and controlled the means and methods and manner of
the construction work at the aforementioned premises.
58. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, engaged in work at the aforementioned premises.
59. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, supervised site safety at the aforementioned construction
project site.
60. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, was responsible for site safety at the aforementioned
construction project site.
61. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, managed site safety at the aforementioned construction project
site.
62. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, controlled site safety at the aforementioned construction project
site.
63. That on and prior to July 26, 2021, it was the duty and obligation of the defendant,
COLUMBIA UNIVERSITY, its agents, servants and/or employees, to own, operate, maintain,
control the means and methods, direct, supervise, and engage in the construction work at the
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subject premises in a reasonable and safe manner, and to keep and maintain the aforementioned
premises in a reasonably safe condition.
64. That on and prior to July 26, 2021, dangerous conditions existed at the
aforementioned premises and construction site.
65. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, had actual and constructive notice of the aforementioned
dangerous conditions.
66. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, created the aforementioned dangerous conditions.
67. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, failed to inspect for the aforementioned dangerous conditions.
68. That on and prior to July 26, 2021, despite notice of and/or creation of the same,
the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, failed to
remedy or otherwise correct the aforementioned dangerous conditions.
69. That on or about July 26, 2021, the plaintiff, JOSE ROMERO, in the course of his
employment and doing work at the aforementioned premises, encountered the aforementioned
dangerous conditions.
70. That as a result of his encounter with the aforementioned dangerous conditions, the
plaintiff, JOSE ROMERO, was seriously and permanently injured.
71. That the injuries and damages sustained by the plaintiff, JOSE ROMERO, were
caused by the negligence, carelessness and recklessness of the defendant, COLUMBIA
UNIVERSITY, its agents, servants and/or employees, and without any contributing negligence on
the part of the plaintiff herein.
72. That as a result of the negligence of the defendant, COLUMBIA UNIVERSITY,
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its agents, servants and/or employees, the plaintiff, JOSE ROMERO, was caused to sustain severe
and permanent injuries.
73. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged
in a sum that exceeds the jurisdictional limits of all lower Courts.
AS AND FOR A SIXTH CAUSE OF ACTION
AGAINST DEFENDANT, COLUMBIA UNIVERSITY
(Labor Law Section 200)
74. That plaintiff, JOSE ROMERO, repeats, reiterates and realleges each and every
allegation of this Complaint previously alleged herein with the same force and effect as if same
were separately enumerated hereunder.
75. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY,
its agents, servants and/or employees, violated Section 200 of the Labor Law.
76. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and
permanently injured.
77. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been
damaged in a sum that exceeds the jurisdictional limits of all lower Courts.
AS AND FOR A SEVENTH CAUSE OF ACTION
AGAINST DEFENDANT, COLUMBIA UNIVERSITY
(Labor Law Section 240(1))
78. That plaintiff repeats, reiterates and realleges each and every allegation of this
Complaint previously alleged herein with the same force and effect as if same were separately
enumerated hereunder.
79. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, violated Section 240(1) of the Labor Law.
80. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and
permanently injured.
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81. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged
in a sum that exceeds the jurisdictional limits of all lower Courts.
AS AND FOR AN EIGHTH CAUSE OF ACTION
AGAINST DEFENDANT, COLUMBIA UNIVERSITY
(Labor Law Section 241(6))
82. That plaintiff repeats, reiterates and realleges each and every allegation of this
Complaint previously alleged herein with the same force and effect as if same were separately
enumerated hereunder.
83. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its
agents, servants and/or employees, violated Section 241(6) of the Labor Law.
84. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and
permanently injured.
85. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged
in a sum that exceeds the jurisdictional limits of all lower Courts.
WHEREFORE, Plaintiff demands judgment against the Defendant in all causes of actions
in amounts exceeding the jurisdictional limitations of all lower courts, together with the costs,
interest, and disbursements of this action.
Dated: Garden City, New York
April 11, 2023
Yours, etc.
THE BONGIORNO LAW FIRM, PLLC
By: ___________________________
BRANDON M. CRUZ
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-4170
Our File No.: 8013
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ATTORNEY VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
I, the undersigned, am an attorney admitted to practice in the Courts of the State of New
York, and say that I am a member of THE BONGIORNO LAW FIRM, PLLC, representing the
Plaintiff herein and I have read the annexed COMPLAINT and know the contents thereof and the
same are true to my knowledge, except as to the matters therein which are stated to be alleged on
information and belief, and as to the matters I believe them to be true. My belief, as to those matters
therein not stated upon knowledge, is based upon the following:
Files and records in your affirmant's possession, as well as discussions with my client.
The reason this verification is made by me and not by plaintiff is because the Plaintiff
resides in a county other than where your affirmant maintains offices.
I affirm that the foregoing statements are true under the penalties of perjury.
Dated: Garden City, New York
April 11, 2023
_______________________
Brandon M. Cruz, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK INDEX NO.:
JOSE ROMERO,
Plaintiff,
-against-
LAWRENCE EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA
UNIVERSITY IN THE CITY OF NEW YORK,
Defendants.
SUMMONS and VERIFIED COMPLAINT
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-4170
ATTORNEY CERTIFICATION: Pursuant to NYCRR 130-1.1, the undersigned, an attorney
admitted to practice in the Courts of the State of New York, certifies, to the best of his knowledge
after reasonable inquiry, that the contentions contained in the annexed documents are not frivolous.
Dated: Garden City, New York By: _________________________
April 11, 2023 BRANDON M. CRUZ, ESQ.
PLEASE TAKE NOTICE
____ NOTICE OF ENTRY that the within is a true copy of a entered
in the office of the clerk of the within named Court on
____ NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be
presented for settlement to the Hon. one of the judges of the within named Court, on
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
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FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: -----------------------------------------------------------------------X Date Filed: JOSE ROMERO, Plaintiff designates Plaintiff, NEW YORK COUNTY as the place of trial The basis of venue is -against- Accident Location LAWRENCE EXTERIOR RESTORATION CORP. and SUMMONS THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, The incident occurred at 562 West 113th Street, New York, New York. Defendants. -----------------------------------------------------------------------X COUNTY OF NEW YORK To the above-named Defendant(s): You are hereby Summoned to answer the Complaint in this action and to serve a copy of your answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the plaintiff’s attorneys within twenty (20) days after the service of this Summons, exclusive of the date of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: Garden City, New York April 11, 2023 THE BONGIORNO LAW FIRM, PLLC By:_____________________________ BRANDON M. CRUZ Attorneys for Plaintiff JOSE ROMERO 1415 Kellum Place, Suite 205 Garden City, New York 11530 (516) 741-4170 Defendant’s Address: LAWRENCE EXTERIOR RESTORATION CORP. c/o New York Secretary of State -and- 150-44 11th Avenue, Whitestone, New York 11357 1 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK Office of General Counsel 412 Low Memorial Library 535 West 116th Street New York, New York 10027 2 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: ---------------------------------------------------------------------X JOSE ROMERO, Plaintiff, VERIFIED COMPLAINT - against - LAWRENCE EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. ---------------------------------------------------------------------X Plaintiff, JOSE ROMERO, by his attorneys, THE BONGIORNO LAW FIRM, PLLC, complaining of the defendants herein alleges as follows: THE PARTIES 1. That at all times hereinafter mentioned, Plaintiff, JOSE ROMERO, was and still is a resident of the County of New York, State of New York. 2. That at all times hereinafter mentioned, upon information and belief, the Defendant, LAWRENCE EXTERIOR RESTORATION CORP., was and still is a domestic business corporation licensed and/or authorized to conduct business within the State of New York, and to do business under and by virtue of the laws of the State of New York. 3. That at all times hereinafter mentioned, upon information and belief, the Defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, was and is a private organization duly organized and existing by and under the laws of the State of New York. 4. That at all times hereinafter mentioned, upon information and belief, the Defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK 3 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 (hereinafter also referred to as “Columbia University”), owns or otherwise operates Columbia University. 5. That at all times hereinafter mentioned, upon information and belief, Columbia University’s principal office location is 535 West 116th Street, New York, New York. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT, LAWRENCE EXTERIOR RESTORATION CORP. (General Negligence) 6. That plaintiff, JOSE ROMERO, repeats, reiterates and realleges each and every allegation of this complaint with the same force and effect as if separately enumerated hereunder. 7. That on and prior to July 26, 2021, there was a premises located at 562 West 113th Street, New York, New York 10025. 8. That on and prior to July 26, 2021, construction, demolition, repairs, alterations and/or excavation were taking place at the aforementioned premises. 9. That on and prior to July 26, 2021, a construction project was taking place at the aforementioned premises. 10. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., was the general contractor for the aforementioned project. 11. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., was the owner of the aforementioned construction project. 12. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., was the owner of the aforementioned construction project site. 13. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, contracted and sub-contracted for construction work to be done at the aforementioned construction project site. 14. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR 4 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 RESTORATION CORP., its agents, servants and/or employees, directed the work at the aforementioned construction project site. 15. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, controlled the work at the aforementioned construction project site. 16. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, supervised the work at the aforementioned construction project site. 17. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, engaged in work at the aforementioned construction project site. 18. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, supervised site safety at the aforementioned construction project site. 19. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, was responsible for site safety at the aforementioned construction project site. 20. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, managed site safety at the aforementioned construction project site. 21. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, controlled site safety at the aforementioned construction project site. 22. That on and prior to July 26, 2021, defendant, LAWRENCE EXTERIOR 5 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 RESTORATION CORP., its agents, servants and/or employees, directed and controlled the means and methods and manner of the work being done at the aforementioned construction project site. 23. That on and prior to July 26, 2021, it was the duty and obligation of the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, to own, operate, maintain, control, direct, supervise and engage in work at the aforementioned premises and construction project site in a reasonable and safe manner, and to keep and maintain the premises and construction project site in a reasonably safe condition. 24. That on and prior to July 26, 2021, dangerous conditions existed at the aforementioned premises and construction project site. 25. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, had actual and constructive notice of the aforementioned dangerous conditions. 26. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, created the aforementioned dangerous conditions. 27. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, failed to inspect for the aforementioned dangerous conditions. 28. That on and prior to July 26, 2021, despite notice of and/or creation of the same, the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, failed to remedy or otherwise correct the aforementioned dangerous conditions. 29. That on or about July 26, 2021, the plaintiff, JOSE ROMERO, in the course of his employment for a subcontractor, doing work at the aforementioned construction project site, encountered the aforementioned dangerous conditions. 6 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 30. That as a result of his encounter with the aforementioned dangerous conditions, the plaintiff, JOSE ROMERO, was seriously and permanently injured. 31. That the injuries and damages sustained by the plaintiff, JOSE ROMERO, were caused solely by the negligence, carelessness and recklessness of the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its employees, agents, servants and/or contractors, by virtue of their breach of the aforementioned duties and obligations, and without any contributing negligence on the part of the plaintiff herein. 32. That as a result of the negligence of the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, the plaintiff, JOSE ROMERO, was caused to sustain severe and permanent personal injuries. 33. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged in a sum that exceeds the jurisdictional limits of all lower Courts. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT, LAWRENCE EXTERIOR RESTORATION CORP. (Labor Law Section 200) 34. That plaintiff, JOSE ROMERO, repeats, reiterates and realleges each and every allegation of this Complaint previously alleged herein with the same force and effect as if same were separately enumerated hereunder. 35. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, violated Section 200 of the Labor Law. 36. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and permanently injured. 37. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged in a sum that exceeds the jurisdictional limits of all lower Courts. 7 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT, LAWRENCE EXTERIOR RESTORATION CORP. (Labor Law Section 240(1)) 38. That plaintiff repeats, reiterates and realleges each and every allegation of this Complaint previously alleged herein with the same force and effect as if same were separately enumerated hereunder. 39. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, violated Section 240(1) of the Labor Law. 40. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and permanently injured. 41. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged in a sum that exceeds the jurisdictional limits of all lower Courts. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANT, LAWRENCE EXTERIOR RESTORATION CORP. (Labor Law Section 241(6)) 42. That plaintiff repeats, reiterates and realleges each and every allegation of this Complaint previously alleged herein with the same force and effect as if same were separately enumerated hereunder. 43. That on and prior to July 26, 2021, the defendant, LAWRENCE EXTERIOR RESTORATION CORP., its agents, servants and/or employees, violated Section 241(6) of the Labor Law. 44. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and permanently injured. 45. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged in a sum that exceeds the jurisdictional limits of all lower Courts. 8 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 AS AND FOR A FIFTH CAUSE OF ACTION AGAINST DEFENDANT, COLUMBIA UNIVERSITY (General Negligence) 46. That plaintiff, JOSE ROMERO, repeats, reiterates and realleges each and every allegation of this complaint with the same force and effect as if separately enumerated hereunder. 47. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, was the owner of 562 West 113th Street, New York, New York 10025 (hereinafter also referred to as “the aforementioned premises”). 48. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, was the owner of the aforementioned premises. 49. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, managed the aforementioned premises. 50. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, maintained the aforementioned premises. 51. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, controlled the aforementioned premises. 52. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, supervised the aforementioned premises. 53. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, contracted and sub-contracted for construction work to be done at the aforementioned premises. 54. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, directed the construction work at the aforementioned premises. 55. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, controlled the construction work at the aforementioned 9 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 premises. 56. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, supervised the construction work at the aforementioned premises. 57. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, directed and controlled the means and methods and manner of the construction work at the aforementioned premises. 58. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, engaged in work at the aforementioned premises. 59. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, supervised site safety at the aforementioned construction project site. 60. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, was responsible for site safety at the aforementioned construction project site. 61. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, managed site safety at the aforementioned construction project site. 62. That on and prior to July 26, 2021, defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, controlled site safety at the aforementioned construction project site. 63. That on and prior to July 26, 2021, it was the duty and obligation of the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, to own, operate, maintain, control the means and methods, direct, supervise, and engage in the construction work at the 10 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 subject premises in a reasonable and safe manner, and to keep and maintain the aforementioned premises in a reasonably safe condition. 64. That on and prior to July 26, 2021, dangerous conditions existed at the aforementioned premises and construction site. 65. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, had actual and constructive notice of the aforementioned dangerous conditions. 66. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, created the aforementioned dangerous conditions. 67. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, failed to inspect for the aforementioned dangerous conditions. 68. That on and prior to July 26, 2021, despite notice of and/or creation of the same, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, failed to remedy or otherwise correct the aforementioned dangerous conditions. 69. That on or about July 26, 2021, the plaintiff, JOSE ROMERO, in the course of his employment and doing work at the aforementioned premises, encountered the aforementioned dangerous conditions. 70. That as a result of his encounter with the aforementioned dangerous conditions, the plaintiff, JOSE ROMERO, was seriously and permanently injured. 71. That the injuries and damages sustained by the plaintiff, JOSE ROMERO, were caused by the negligence, carelessness and recklessness of the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, and without any contributing negligence on the part of the plaintiff herein. 72. That as a result of the negligence of the defendant, COLUMBIA UNIVERSITY, 11 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 its agents, servants and/or employees, the plaintiff, JOSE ROMERO, was caused to sustain severe and permanent injuries. 73. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged in a sum that exceeds the jurisdictional limits of all lower Courts. AS AND FOR A SIXTH CAUSE OF ACTION AGAINST DEFENDANT, COLUMBIA UNIVERSITY (Labor Law Section 200) 74. That plaintiff, JOSE ROMERO, repeats, reiterates and realleges each and every allegation of this Complaint previously alleged herein with the same force and effect as if same were separately enumerated hereunder. 75. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, violated Section 200 of the Labor Law. 76. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and permanently injured. 77. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged in a sum that exceeds the jurisdictional limits of all lower Courts. AS AND FOR A SEVENTH CAUSE OF ACTION AGAINST DEFENDANT, COLUMBIA UNIVERSITY (Labor Law Section 240(1)) 78. That plaintiff repeats, reiterates and realleges each and every allegation of this Complaint previously alleged herein with the same force and effect as if same were separately enumerated hereunder. 79. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, violated Section 240(1) of the Labor Law. 80. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and permanently injured. 12 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 81. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged in a sum that exceeds the jurisdictional limits of all lower Courts. AS AND FOR AN EIGHTH CAUSE OF ACTION AGAINST DEFENDANT, COLUMBIA UNIVERSITY (Labor Law Section 241(6)) 82. That plaintiff repeats, reiterates and realleges each and every allegation of this Complaint previously alleged herein with the same force and effect as if same were separately enumerated hereunder. 83. That on and prior to July 26, 2021, the defendant, COLUMBIA UNIVERSITY, its agents, servants and/or employees, violated Section 241(6) of the Labor Law. 84. That as a result of the foregoing, the plaintiff, JOSE ROMERO, was seriously and permanently injured. 85. That by reason of the foregoing, the plaintiff, JOSE ROMERO, has been damaged in a sum that exceeds the jurisdictional limits of all lower Courts. WHEREFORE, Plaintiff demands judgment against the Defendant in all causes of actions in amounts exceeding the jurisdictional limitations of all lower courts, together with the costs, interest, and disbursements of this action. Dated: Garden City, New York April 11, 2023 Yours, etc. THE BONGIORNO LAW FIRM, PLLC By: ___________________________ BRANDON M. CRUZ Attorneys for Plaintiff JOSE ROMERO 1415 Kellum Place, Suite 205 Garden City, New York 11530 (516) 741-4170 Our File No.: 8013 13 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) I, the undersigned, am an attorney admitted to practice in the Courts of the State of New York, and say that I am a member of THE BONGIORNO LAW FIRM, PLLC, representing the Plaintiff herein and I have read the annexed COMPLAINT and know the contents thereof and the same are true to my knowledge, except as to the matters therein which are stated to be alleged on information and belief, and as to the matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Files and records in your affirmant's possession, as well as discussions with my client. The reason this verification is made by me and not by plaintiff is because the Plaintiff resides in a county other than where your affirmant maintains offices. I affirm that the foregoing statements are true under the penalties of perjury. Dated: Garden City, New York April 11, 2023 _______________________ Brandon M. Cruz, Esq. 14 of 15 FILED: NEW YORK COUNTY CLERK 04/12/2023 02:43 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO.: JOSE ROMERO, Plaintiff, -against- LAWRENCE EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. SUMMONS and VERIFIED COMPLAINT THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff JOSE ROMERO 1415 Kellum Place, Suite 205 Garden City, New York 11530 (516) 741-4170 ATTORNEY CERTIFICATION: Pursuant to NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of the State of New York, certifies, to the best of his knowledge after reasonable inquiry, that the contentions contained in the annexed documents are not frivolous. Dated: Garden City, New York By: _________________________ April 11, 2023 BRANDON M. CRUZ, ESQ. PLEASE TAKE NOTICE ____ NOTICE OF ENTRY that the within is a true copy of a entered in the office of the clerk of the within named Court on ____ NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, on THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff 15 of 15