Preview
FILED: NEW YORK COUNTY CLERK 05/15/2023
02/02/2018 04:05
04:46 PM INDEX NO. 151071/2018
NYSCEF DOC. NO. 16
1 RECEIVED NYSCEF: 05/15/2023
02/02/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
TOWER INSURANCE COMPANY a/s/o 838 Jefferson
Realty LLC and other interested insureds under the
applicable policy of insurance,
Index No.:
SUMMONS
Plaintiff,
-against- Plaintiff designates
New York County as
the place of trial
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC.,
Basis of Venue
Defendants. is loss location
X
To the above-named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to
serve a copy of your answer, or, if the complaint is not served with this summons, to serve a
notice of appearance on the Plaintiff's attorney within twenty (20) days after the service of
this summons, exclusive of the day of service, where service is made by delivery upon you
personally within the state, or, within thirty (30) days after completion of service where
service is made in any other manner. In case of your failure to appear or answer, judgment
will be taken against you by default for the relief demanded in the complaint.
Dated: Huntington, New York
February 2, 2018
Respectf y bmitted,
I
SHEPS LAW GRÖUP, P.C.
By: Robert C. Sheps, Esq.
Attorneys for Plaintiff
25 High Street
Huntington, New York 11743
(631) 249-5600
Our File No.: 7803
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NYSCEF DOC. NO. 16
1 RECEIVED NYSCEF: 05/15/2023
02/02/2018
TO:
CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC.
4 IRV1NG PLACE
NEW YORK, NY 10003
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NYSCEF DOC. NO. 16
1 RECEIVED NYSCEF: 05/15/2023
02/02/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
TOWER INSURANCE COMPANY a/s/o 838 Jefferson
Realty LLC and other interested insureds under the
applicable policy of insurance, Index No.:
COMPLAINT
Plaintiff,
-against- JURY TRIAL
DEMANDED
CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC.,
Defendants.
X
To the above-named Defendant(s):
Plaintiff, TOWER INSURANCE COMPANY a/s/o 838 Jefferson Realty LLC and
other interested insureds under the policy of insurance by its attorneys, SHEPS LAW
GROUP, P.C., as and for its Complaint against Defendant CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC., hereby alleges upon information and belief as follows:
Nature of This Action
1. This is a subrogation action by the first party property insurer, plaintiff
"TOWER"
TOWER INSURANCE COMPANY (hereinafter "TOWER"), as subrogee 838 Jefferson
Realty LLC and other interested insureds under the applicable policy of insurance
"Insured"
(hereinafter "Insured").
2. Plaintiff indemnified its Insured in connection with a fire loss that occurred
on February 18, 2015 and caused by a power surge, resulting in substantial fire damage to
Plaintiff's Insured's building located at 838 Jefferson Avenue, Brooklyn, New York 11221.
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3. This action is brought against the parties responsible for the abovementioned
loss and the resulting damages sustained by Plaintiff's and its insured.
The Parties
4. Plaintiff TOWER was and is a corporation organized and existing under the
laws of the State of New York, having its principle place of business located at 120 Broadway,
New York, NY 10271, and was at all times material hereto, authorized to issue policies of
insurance in the State of New York.
5. At all times pertinent hereto, Plaintiff TOWER provided property insurance
coverage to its Insured under a policy of insurance for the real property located at 838
Jefferson Ave, Brooklyn, New York 11221.
6. At all relevant times, Defendant CONSOLIDATED EDISON OF NEW
YORK, INC. (hereinafter "CON ED") is a domestic corporation duly existing under and by
virtue of the laws of the State of New York with its principal place of business at 4 Irving
Place, New York, New York 10003 and was in the business of, inter alia, owning, designing,
servicing, supervising maintenance, maintaining electrical, natural gas and other systems that
generate contains, and transport electricity.
The Loss
7. Upon information and belief, at all times relevant hereto, the plaintiff's
Insured owned the building located at 838 Jefferson Ave, Brooklyn, New York 11221
(hereinafter, "subject premises").
8. On February 18, 2015 a fire and other electrical events occurred while
Defendant was performing work at the exterior of the subject premises, resulting in extensive
property damage to the subject premises.
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9. Pursuant to the terms of insurance policy Plaintiff indemnified its Insured in the
amount of SEVENTY-EIGHT THOUSAND NINE HUNDRED FIFTY-FOUR AND
it'
55/100 DOLLARS ($78,954.55), and is thereby legally and equitably subrogated to it's
Insured's claim.
AS AND FOR A FIRST CAUSE OF ACTION AS TO ALL DEFENDANTS
-NEGLIGENCE-
10. Plaintiff fully incorporates by reference the averments contained in paragraph
"1" "9"
through inclusive.
"8"
11. The occurrence referred to in paragraph and the consequential damage to
the subject premises was proximately caused by the negligence, negligent per se, gross
negligence, carelessness, and negligent omissions of the defendants, its agents, servants,
workmen, and/ or employees in:
(a) failing to hire competent servants, contractors, agents, employees and/or
workmen to properly keep the premises safe;
(b) failing to properly and adequately supervise the work being done by its
contractors, servants, agents, employees and/or workmen;
(c) failing to adequately survey the subject location so as to detect the
presence of underground electrical wiring as to avoid disturbing it;
(d) failing to use due care in inspecting, servicing, maintaining, repairing and
operating the aforementioned underground areas as to prevent damage to
the subject premises;
(e) failing to instruct its agents, servicemen and employees in a component
and workmanlike discharge of their duties relative to the work performed
outside the subject premises;
(f) failing to ensure that its agents, servants, contractors and/or workmen
abided by applicable codes, ordinances, rules and regulations and/or
industry standards concerning the protection and preservation of their
equipment and subsurface facilities during contracting work;
(g) failure to properly maintain utility company electrical equipment in a
manner that would mitigate the risk of an electrical fire;
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(h) failing to create safe conditions that would prevent the risk of fire to the
subject premises;
(i) failing to do those things necessary to preserve and protect the subject
premises
(j) failing to use due care and proper skill under the circumstances.
12. As a direct and proximate result of the aforesaid negligence, carelessness,
recklessness, gross negligence and/or negligent acts and omissions of the defendant during
"8"
this work, the property damage referred to in paragraph took place and resulted in
extensive damage and destruction to the Insured's property and loss to the plaintiff's Insured
in the amount of SEVENTY-EIGHT THOUSAND NINE HUNDRED FIFTY-FOUR AND
55/100 DOLLARS ($78,954.55), which sum was reimbursed by Plaintiff.
WHEREFORE, Plaintiff TOWER INSURANCE COMPANY a/s/o 838 Jefferson
Realty LLC and other interested insureds under the policy of insurance, demands judgment
in its favor and against the defendants in the amount in of SEVENTY-EIGHT
THOUSAND NINE HUNDRED FIFTY-FOUR AND 55/100 DOLLARS ($78,954.55),
with the interest and the cost of this action.
Dated: Huntington, New York
February 2, 2018
Respectfu Submitted,
By: Robert C. Sheps, Esq.
SHEPS LAW GROUP, P.C.
Attorneys for Plaintiff
25 High Street
Huntington, New York 11743
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02/02/2018 04:05
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NYSCEF DOC. NO. 16
1 RECEIVED NYSCEF: 05/15/2023
02/02/2018
(631) 249-5600
Sheps
Shcps File No.: 7803
7 of 7
Preview
FILED: NEW YORK COUNTY CLERK 05/15/2023 02/02/2018 04:05 04:46 PM INDEX NO. 151071/2018 NYSCEF DOC. NO. 16 1 RECEIVED NYSCEF: 05/15/2023 02/02/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X TOWER INSURANCE COMPANY a/s/o 838 Jefferson Realty LLC and other interested insureds under the applicable policy of insurance, Index No.: SUMMONS Plaintiff, -against- Plaintiff designates New York County as the place of trial CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Basis of Venue Defendants. is loss location X To the above-named Defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Huntington, New York February 2, 2018 Respectf y bmitted, I SHEPS LAW GRÖUP, P.C. By: Robert C. Sheps, Esq. Attorneys for Plaintiff 25 High Street Huntington, New York 11743 (631) 249-5600 Our File No.: 7803 1 of 7 FILED: NEW YORK COUNTY CLERK 05/15/2023 02/02/2018 04:05 04:46 PM INDEX NO. 151071/2018 NYSCEF DOC. NO. 16 1 RECEIVED NYSCEF: 05/15/2023 02/02/2018 TO: CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 4 IRV1NG PLACE NEW YORK, NY 10003 2 of 7 FILED: NEW YORK COUNTY CLERK 05/15/2023 02/02/2018 04:05 04:46 PM INDEX NO. 151071/2018 NYSCEF DOC. NO. 16 1 RECEIVED NYSCEF: 05/15/2023 02/02/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X TOWER INSURANCE COMPANY a/s/o 838 Jefferson Realty LLC and other interested insureds under the applicable policy of insurance, Index No.: COMPLAINT Plaintiff, -against- JURY TRIAL DEMANDED CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendants. X To the above-named Defendant(s): Plaintiff, TOWER INSURANCE COMPANY a/s/o 838 Jefferson Realty LLC and other interested insureds under the policy of insurance by its attorneys, SHEPS LAW GROUP, P.C., as and for its Complaint against Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., hereby alleges upon information and belief as follows: Nature of This Action 1. This is a subrogation action by the first party property insurer, plaintiff "TOWER" TOWER INSURANCE COMPANY (hereinafter "TOWER"), as subrogee 838 Jefferson Realty LLC and other interested insureds under the applicable policy of insurance "Insured" (hereinafter "Insured"). 2. Plaintiff indemnified its Insured in connection with a fire loss that occurred on February 18, 2015 and caused by a power surge, resulting in substantial fire damage to Plaintiff's Insured's building located at 838 Jefferson Avenue, Brooklyn, New York 11221. 3 of 7 FILED: NEW YORK COUNTY CLERK 05/15/2023 02/02/2018 04:05 04:46 PM INDEX NO. 151071/2018 NYSCEF DOC. NO. 16 1 RECEIVED NYSCEF: 05/15/2023 02/02/2018 3. This action is brought against the parties responsible for the abovementioned loss and the resulting damages sustained by Plaintiff's and its insured. The Parties 4. Plaintiff TOWER was and is a corporation organized and existing under the laws of the State of New York, having its principle place of business located at 120 Broadway, New York, NY 10271, and was at all times material hereto, authorized to issue policies of insurance in the State of New York. 5. At all times pertinent hereto, Plaintiff TOWER provided property insurance coverage to its Insured under a policy of insurance for the real property located at 838 Jefferson Ave, Brooklyn, New York 11221. 6. At all relevant times, Defendant CONSOLIDATED EDISON OF NEW YORK, INC. (hereinafter "CON ED") is a domestic corporation duly existing under and by virtue of the laws of the State of New York with its principal place of business at 4 Irving Place, New York, New York 10003 and was in the business of, inter alia, owning, designing, servicing, supervising maintenance, maintaining electrical, natural gas and other systems that generate contains, and transport electricity. The Loss 7. Upon information and belief, at all times relevant hereto, the plaintiff's Insured owned the building located at 838 Jefferson Ave, Brooklyn, New York 11221 (hereinafter, "subject premises"). 8. On February 18, 2015 a fire and other electrical events occurred while Defendant was performing work at the exterior of the subject premises, resulting in extensive property damage to the subject premises. 4 of 7 FILED: NEW YORK COUNTY CLERK 05/15/2023 02/02/2018 04:05 04:46 PM INDEX NO. 151071/2018 NYSCEF DOC. NO. 16 1 RECEIVED NYSCEF: 05/15/2023 02/02/2018 9. Pursuant to the terms of insurance policy Plaintiff indemnified its Insured in the amount of SEVENTY-EIGHT THOUSAND NINE HUNDRED FIFTY-FOUR AND it' 55/100 DOLLARS ($78,954.55), and is thereby legally and equitably subrogated to it's Insured's claim. AS AND FOR A FIRST CAUSE OF ACTION AS TO ALL DEFENDANTS -NEGLIGENCE- 10. Plaintiff fully incorporates by reference the averments contained in paragraph "1" "9" through inclusive. "8" 11. The occurrence referred to in paragraph and the consequential damage to the subject premises was proximately caused by the negligence, negligent per se, gross negligence, carelessness, and negligent omissions of the defendants, its agents, servants, workmen, and/ or employees in: (a) failing to hire competent servants, contractors, agents, employees and/or workmen to properly keep the premises safe; (b) failing to properly and adequately supervise the work being done by its contractors, servants, agents, employees and/or workmen; (c) failing to adequately survey the subject location so as to detect the presence of underground electrical wiring as to avoid disturbing it; (d) failing to use due care in inspecting, servicing, maintaining, repairing and operating the aforementioned underground areas as to prevent damage to the subject premises; (e) failing to instruct its agents, servicemen and employees in a component and workmanlike discharge of their duties relative to the work performed outside the subject premises; (f) failing to ensure that its agents, servants, contractors and/or workmen abided by applicable codes, ordinances, rules and regulations and/or industry standards concerning the protection and preservation of their equipment and subsurface facilities during contracting work; (g) failure to properly maintain utility company electrical equipment in a manner that would mitigate the risk of an electrical fire; 5 of 7 FILED: NEW YORK COUNTY CLERK 05/15/2023 02/02/2018 04:05 04:46 PM INDEX NO. 151071/2018 NYSCEF DOC. NO. 16 1 RECEIVED NYSCEF: 05/15/2023 02/02/2018 (h) failing to create safe conditions that would prevent the risk of fire to the subject premises; (i) failing to do those things necessary to preserve and protect the subject premises (j) failing to use due care and proper skill under the circumstances. 12. As a direct and proximate result of the aforesaid negligence, carelessness, recklessness, gross negligence and/or negligent acts and omissions of the defendant during "8" this work, the property damage referred to in paragraph took place and resulted in extensive damage and destruction to the Insured's property and loss to the plaintiff's Insured in the amount of SEVENTY-EIGHT THOUSAND NINE HUNDRED FIFTY-FOUR AND 55/100 DOLLARS ($78,954.55), which sum was reimbursed by Plaintiff. WHEREFORE, Plaintiff TOWER INSURANCE COMPANY a/s/o 838 Jefferson Realty LLC and other interested insureds under the policy of insurance, demands judgment in its favor and against the defendants in the amount in of SEVENTY-EIGHT THOUSAND NINE HUNDRED FIFTY-FOUR AND 55/100 DOLLARS ($78,954.55), with the interest and the cost of this action. Dated: Huntington, New York February 2, 2018 Respectfu Submitted, By: Robert C. Sheps, Esq. SHEPS LAW GROUP, P.C. Attorneys for Plaintiff 25 High Street Huntington, New York 11743 6 of 7 FILED: NEW YORK COUNTY CLERK 05/15/2023 02/02/2018 04:05 04:46 PM INDEX NO. 151071/2018 NYSCEF DOC. NO. 16 1 RECEIVED NYSCEF: 05/15/2023 02/02/2018 (631) 249-5600 Sheps Shcps File No.: 7803 7 of 7