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FILED: WESTCHESTER COUNTY CLERK 07/26/2023
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NYSCEF DOC. NO. 40
1 RECEIVED NYSCEF: 07/26/2023
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SUPREME COURT OF THE STATE OF NEW YORK FILED:
COUNTY OF WESTCHESTER INDEX NO:
X
PABLO FABIAN MEDRANDA PARRALES, SUMMONS
Plaintiff, Plaintiff designates
-against- Westchester County
as the place of trial
THE WHITING-TURNER CONTRACTING
COMPANY, PURCHASE SENIOR LEARNING The basis of venue is:
COMMUNITY INC., and PURCHASE COLLEGE Situs of Occurrence.
AND ADVANCEMENT CORPORATION,
Defendants.
_____________-- -----X
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, to, if the complaint is not served with the 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 day 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 herein.
Dated: New York, New York
January 12, 2023
Defendants'
The nature of this action is for injuries sustained as a result of the negligence.
The relief sought is monetary damages.
LIAKAS LAW P.C
: Anthony MW, Esq.
Attorney for Plaintiff
40 a , oor
New York, New York 10005
(212) 937-7765
Failure to respond, a judgment will be against you, by default and interest from November 16,
2022.
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Defendant's Address:
THE WHITING-TURNER CONTRACTING COMPANY
c/o C T CORPORATION SYSTEM
28 Liberty Street
New York, NY, 10005
PURCHASE SENIOR LEARNING COMMUNITY INC.
c/o THE CORPORATION
735 Anderson Hill Road
Purchase, NY 10577
PURCHASE COLLEGE AND ADVANCEMENT CORPORATION
c/o THE CORPORATION
735 Anderson Hill Road
Purchase, NY 10577
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SUPREME COURT OF THE STATE OF NEW YORK FILED:
COUNTY OF QUEENS INDEX NO:
_____________________________________Ç
PABLO FABIAN MEDRANDA PARRALES, VERIFIED COMPLAINT
Plaintiff,
-against-
THE WHITING-TURNER CONTRACTING
COMPANY, PURCHASE SENIOR LEARNING
COMMUNITY INC., and PURCHASE COLLEGE
AND ADVANCEMENT CORPORATION,
Defendants.
_______ ---------------____________Ç
Plaintiff, by his attorneys, LIAKAS LAW, P.C., as and for this Verified Complaint,
respectfully alleges, upon information and belief:
AS AND FOR THE FIRST CAUSE OF ACTION AGAINST DEFENDANTS
ON BEHALF OF PABLO FABIAN MEDRANDA PARRALES
1. That Plaintiff, PABLO FABIAN MEDRANDA PARRALES, at all times herein
mentioned, was and still is a resident of the County of Hudson, State of New Jersey.
2. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, was a company organized and
existing under and by the virtue of the law of the State of New York.
3. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, maintained a principal place of
business in the County of Westchester, State of New York.
4. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, was and still is a domestic
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corporation organized and existing under and by virtue of the laws of the State of New York.
5. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, was and still is a foreign
corporation authorized to do business under and by virtue of the laws of the State of New
York.
6. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, conducted and carried on business
in the County of Westchester, State of New York.
7. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, transacted business within the
County of Westchester, State of New York.
8. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, derived substantial revenue from
goods used or consumed or services rendered in the County of Westchester, State of New
York.
9. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, expected or should have
reasonably expected its acts to have consequences in the County of Westchester, State of New
York.
10. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PURCHASE SENIOR LEARNING COMMUNITY INC., was a company organized
and existing under and by the virtue of the law of the State of New York.
11. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
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PURCHASE SENIOR LEARNING COMMUNITY INC., maintained a principal place
of business in the County of Westchester, State of New York.
12. That at all the times hereinaner alleged, and upon information and belief, the Defendant,
PURCHASE SENIOR LEARNING COMMUNITY INC., was and still is a domestic
corporation organized and existing under and by virtue of the laws of the State of New York.
13. That at all the times hereinaRer alleged, and upon information and belief, the Defendant,
PURCHASE SENIOR LEARNING COMMUNITY INC., was and still is a foreign
corporation authorized to do business under and by virtue of the laws of the State of New
York.
14. That at all the times hereinaner alleged, and upon information and belief, the Defendant,
PURCHASE SENIOR LEARNING COMMUNITY INC., conducted and carried on
business in the County of Westchester, State of New York.
15. That at all the times hereinaher alleged, and upon information and belief, the Defendant,
PURCHASE SENIOR LEARNING COMMUNITY INC., transacted business within
the County of Westchester, State of New York.
16. That at all the times hereinaRer alleged, and upon information and belief, the Defendant,
PURCHASE SENIOR LEARNING COMMUNITY INC., derived substantial revenue
from goods used or consumed or services rendered in the County of Westchester, State of
New York.
17. That at all the times hereinaher alleged, and upon information and belief, the Defendant,
PURCHASE SENIOR LEARNING COMMUNITY INC., expected or should have
reasonably expected its acts to have consequences in the County of Westchester, State of New
York.
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18. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, was a company
organized and existing under and by the virtue of the law of the State of New York.
19. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, maintained a
principal place of business in the County of Westchester, State of New York.
20. That at all the times hereinafter alleged, and upon infonnation and belief, the Defendant,
PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, was and still is a
domestic corporation organized and existing under and by virtue of the laws of the State of
New York.
21. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, was and still is a
foreign corporation authorized to do business under and by virtue of the laws of the State of
New York.
22. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, conducted and
carried on business in the County of Westchester, State of New York.
23. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, transacted
business within the County of Westchester, State of New York.
24. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, derived
substantial revenue from goods used or consumed or services rendered in the County of
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Westchester, State of New York.
25. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, expected or
should have reasonably expected its acts to have consequences in the County of Westchester,
State of New York.
26. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, owned the premises, known as
the Broadview Senior Living Development/Construction Project located at the intersection
of West Loop Road and East West Road, Purchase, New York 10577 within the campus
of the State University Of New York Purchase College.
27. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, was the lessor of the premises,
known as the Broadview Senior Living Development/Construction Project located at the
intersection of West Loop Road and East West Road, Purchase, New York 10577 within
the campus of the State University Of New York Purchase College.
28. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, was the lessee of the premises,
known as the Broadview Senior Living Development/Construction Project located at the
intersection of West Loop Road and East West Road, Purchase, New York 10577 within
the campus of the State University Of New York Purchase College.
29. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents
and/or employees managed the premises, known as the Broadview Senior Living
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Development/Construction Project located at the intersection of West Loop Road and East
West Road, Purchase, New York 10577 within the campus of the State University Of New
York Purchase College.
30. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents
and/or employees operated the premises, known as the Broadview Senior Living
Development/Construction Project located at the intersection of West Loop Road and East
West Road, Purchase, New York 10577 within the campus of the State University Of New
York Purchase College.
31. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents
and/or employees maintained the premises, known as the Broadview Senior Living
Development/Construction Project located at the intersection of West Loop Road and East
West Road, Purchase, New York 10577 within the campus of the State University Of New
York Purchase College.
32. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents
and/or employees controlled the premises, known as the Broadview Senior Living
Development/Construction Project located at the intersection of West Loop Road and East
West Road, Purchase, New York 10577 within the campus of the State University Of New
York Purchase College.
33. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents
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and/or employees supervised the premises, known as the Broadview Senior Living
Development/Construction Project located at the intersection of West Loop Road and East
West Road, Purchase, New York 10577 within the campus of the State University Of New
York Purchase College.
34. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents
and/or employees inspected the premises, known as the Broadview Senior Living
Development/Construction Project located at the intersection of West Loop Road and East
West Road, Purchase, New York 10577 within the campus of the State University Of New
York Purchase College.
35. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents
and/or employees repaired the premises, known as the Broadview Senior Living
Development/Construction Project located at the intersection of West Loop Road and East
West Road, Purchase, New York 10577 within the campus of the State University Of New
York Purchase College.
36. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents
and/or employees designed the premises, known as the Broadview Senior Living
Development/Construction Project located at the intersection of West Loop Road and East
West Road, Purchase, New York 10577 within the campus of the State University Of New
York Purchase College.
37. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
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WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents
and/or employees renovated the premises, known as the Broadview Senior Living
Development/Construction Project located at the intersection of West Loop Road and East
West Road, Purchase, New York 10577 within the campus of the State University Of New
York Purchase College.
38. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE
WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents
and/or employees constructed the premises, known as the Broadview Senior Living
Development/Construction Project located at the intersection of West Loop Road and East
West Road, Purchase, New York 10577 within the campus of the State University Of New
York Purchase College.
39. That at all the times hereinafter alleged, and upon information and belief, the Defendant, it
was the duty of Defendant, THE WHITING-TURNER CONTRACTING COMPANY,
and Defendant's servants, agents and/or employees to maintain said premises, known as the
Broadview Senior Living Development/Construction Project located at the intersection of
West Loop Road and East West Road, Purchase, New York 10577 within the campus of
the State University Of New York Purchase College, in a reasonably safe and suitable
condition.
40. That at all the times hereinafter alleged, and upon information and belief, on or about
November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING
COMPANY, failed to properly keep the above referenced location in a reasonably safe
condition.
41. That the aforesaid accident and the injuries to Plaintiff, PABLO FABIAN MEDRANDA
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PARRALES, resulting therefrom were a foreseeable and likely consequence of the
Defendant, THE WHITING-TURNER CONTRACTING COMPANY, failing to
properly operate, manage, secure, inspect and supervise the aforesaid premises.
42. That at all the times hereinafter alleged, and upon information and belief, on or about
November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING
COMPANY, entered into an agreement and/or arrangement to provide and perform certain
work, labor and/or services at the above-referenced location.
43. That at all the times hereinafter alleged, and upon information and belief, on or before
November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING
COMPANY, entered into a contract to provide and perform certain work, labor and/or
services at the above-referenced location.
44. That at all the times hereinafter alleged, and upon information and belief, on or before
November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING
COMPANY, hired various entities to provide and perform certain work, labor and/or
services at the above-referenced location.
45. That at all the times hereinafter alleged, and upon information and belief, on or before
November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING
COMPANY, hired various individuals to provide and perform certain work, labor and/or
services at the above-referenced location.
46. That at all the times hereinafter alleged, and upon information and belief, on or about
November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING
COMPANY, by its agents, servants, and employees, was performing certain work, labor
and/or services at the above-referenced location, and directed, supervised and controlled
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all of the work, labor and/or services performed in and about the aforesaid location.
47. That at all the times hereinafter alleged, and
Preview
FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF WESTCHESTER INDEX NO: X PABLO FABIAN MEDRANDA PARRALES, SUMMONS Plaintiff, Plaintiff designates -against- Westchester County as the place of trial THE WHITING-TURNER CONTRACTING COMPANY, PURCHASE SENIOR LEARNING The basis of venue is: COMMUNITY INC., and PURCHASE COLLEGE Situs of Occurrence. AND ADVANCEMENT CORPORATION, Defendants. _____________-- -----X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, to, if the complaint is not served with the 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 day 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 herein. Dated: New York, New York January 12, 2023 Defendants' The nature of this action is for injuries sustained as a result of the negligence. The relief sought is monetary damages. LIAKAS LAW P.C : Anthony MW, Esq. Attorney for Plaintiff 40 a , oor New York, New York 10005 (212) 937-7765 Failure to respond, a judgment will be against you, by default and interest from November 16, 2022. 1 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 Defendant's Address: THE WHITING-TURNER CONTRACTING COMPANY c/o C T CORPORATION SYSTEM 28 Liberty Street New York, NY, 10005 PURCHASE SENIOR LEARNING COMMUNITY INC. c/o THE CORPORATION 735 Anderson Hill Road Purchase, NY 10577 PURCHASE COLLEGE AND ADVANCEMENT CORPORATION c/o THE CORPORATION 735 Anderson Hill Road Purchase, NY 10577 2 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF QUEENS INDEX NO: _____________________________________Ç PABLO FABIAN MEDRANDA PARRALES, VERIFIED COMPLAINT Plaintiff, -against- THE WHITING-TURNER CONTRACTING COMPANY, PURCHASE SENIOR LEARNING COMMUNITY INC., and PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, Defendants. _______ ---------------____________Ç Plaintiff, by his attorneys, LIAKAS LAW, P.C., as and for this Verified Complaint, respectfully alleges, upon information and belief: AS AND FOR THE FIRST CAUSE OF ACTION AGAINST DEFENDANTS ON BEHALF OF PABLO FABIAN MEDRANDA PARRALES 1. That Plaintiff, PABLO FABIAN MEDRANDA PARRALES, at all times herein mentioned, was and still is a resident of the County of Hudson, State of New Jersey. 2. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, was a company organized and existing under and by the virtue of the law of the State of New York. 3. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, maintained a principal place of business in the County of Westchester, State of New York. 4. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, was and still is a domestic 3 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 corporation organized and existing under and by virtue of the laws of the State of New York. 5. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 6. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, conducted and carried on business in the County of Westchester, State of New York. 7. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, transacted business within the County of Westchester, State of New York. 8. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, derived substantial revenue from goods used or consumed or services rendered in the County of Westchester, State of New York. 9. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, expected or should have reasonably expected its acts to have consequences in the County of Westchester, State of New York. 10. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PURCHASE SENIOR LEARNING COMMUNITY INC., was a company organized and existing under and by the virtue of the law of the State of New York. 11. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 4 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 PURCHASE SENIOR LEARNING COMMUNITY INC., maintained a principal place of business in the County of Westchester, State of New York. 12. That at all the times hereinaner alleged, and upon information and belief, the Defendant, PURCHASE SENIOR LEARNING COMMUNITY INC., was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 13. That at all the times hereinaRer alleged, and upon information and belief, the Defendant, PURCHASE SENIOR LEARNING COMMUNITY INC., was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 14. That at all the times hereinaner alleged, and upon information and belief, the Defendant, PURCHASE SENIOR LEARNING COMMUNITY INC., conducted and carried on business in the County of Westchester, State of New York. 15. That at all the times hereinaher alleged, and upon information and belief, the Defendant, PURCHASE SENIOR LEARNING COMMUNITY INC., transacted business within the County of Westchester, State of New York. 16. That at all the times hereinaRer alleged, and upon information and belief, the Defendant, PURCHASE SENIOR LEARNING COMMUNITY INC., derived substantial revenue from goods used or consumed or services rendered in the County of Westchester, State of New York. 17. That at all the times hereinaher alleged, and upon information and belief, the Defendant, PURCHASE SENIOR LEARNING COMMUNITY INC., expected or should have reasonably expected its acts to have consequences in the County of Westchester, State of New York. 5 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 18. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, was a company organized and existing under and by the virtue of the law of the State of New York. 19. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, maintained a principal place of business in the County of Westchester, State of New York. 20. That at all the times hereinafter alleged, and upon infonnation and belief, the Defendant, PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 21. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 22. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, conducted and carried on business in the County of Westchester, State of New York. 23. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, transacted business within the County of Westchester, State of New York. 24. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, derived substantial revenue from goods used or consumed or services rendered in the County of 6 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 Westchester, State of New York. 25. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PURCHASE COLLEGE AND ADVANCEMENT CORPORATION, expected or should have reasonably expected its acts to have consequences in the County of Westchester, State of New York. 26. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, owned the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 27. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, was the lessor of the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 28. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, was the lessee of the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 29. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents and/or employees managed the premises, known as the Broadview Senior Living 7 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 30. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents and/or employees operated the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 31. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents and/or employees maintained the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 32. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents and/or employees controlled the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 33. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents 8 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 and/or employees supervised the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 34. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents and/or employees inspected the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 35. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents and/or employees repaired the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 36. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents and/or employees designed the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 37. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE 9 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents and/or employees renovated the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 38. That at all the times hereinafter alleged, and upon information and belief, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents and/or employees constructed the premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College. 39. That at all the times hereinafter alleged, and upon information and belief, the Defendant, it was the duty of Defendant, THE WHITING-TURNER CONTRACTING COMPANY, and Defendant's servants, agents and/or employees to maintain said premises, known as the Broadview Senior Living Development/Construction Project located at the intersection of West Loop Road and East West Road, Purchase, New York 10577 within the campus of the State University Of New York Purchase College, in a reasonably safe and suitable condition. 40. That at all the times hereinafter alleged, and upon information and belief, on or about November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, failed to properly keep the above referenced location in a reasonably safe condition. 41. That the aforesaid accident and the injuries to Plaintiff, PABLO FABIAN MEDRANDA 10 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 PARRALES, resulting therefrom were a foreseeable and likely consequence of the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, failing to properly operate, manage, secure, inspect and supervise the aforesaid premises. 42. That at all the times hereinafter alleged, and upon information and belief, on or about November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, entered into an agreement and/or arrangement to provide and perform certain work, labor and/or services at the above-referenced location. 43. That at all the times hereinafter alleged, and upon information and belief, on or before November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, entered into a contract to provide and perform certain work, labor and/or services at the above-referenced location. 44. That at all the times hereinafter alleged, and upon information and belief, on or before November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, hired various entities to provide and perform certain work, labor and/or services at the above-referenced location. 45. That at all the times hereinafter alleged, and upon information and belief, on or before November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, hired various individuals to provide and perform certain work, labor and/or services at the above-referenced location. 46. That at all the times hereinafter alleged, and upon information and belief, on or about November 16, 2022, the Defendant, THE WHITING-TURNER CONTRACTING COMPANY, by its agents, servants, and employees, was performing certain work, labor and/or services at the above-referenced location, and directed, supervised and controlled 11 of 29 FILED: WESTCHESTER COUNTY CLERK 07/26/2023 01/13/2023 09:48 04:09 AM PM INDEX NO. 55548/2023 NYSCEF DOC. NO. 40 1 RECEIVED NYSCEF: 07/26/2023 01/13/2023 all of the work, labor and/or services performed in and about the aforesaid location. 47. That at all the times hereinafter alleged, and