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FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023
NYSCEF DOC. NO. 33 INDEXNYSCEF:
RECEIVED NO. 705517/2023
10/17/2023
FILED : ENS COUNTY CLERK 7 :
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/17/2023
At IAS Part 36 of the Supreme Court
of the State of New York, held in and for the
seq # 1
County of Queens, at 88-11 Sutphin Boulevard,
Jamaica, New York, on the _16titiay of
October , 2023
P R E S E N T:
HON. _Robert I Caloras
J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Index No.: 705517/2023
___-.._____________..________...._________------..x
DUBERNEY RINCON-LEON ORDER TO
SHOW CAUSE
Plaintiff(s),
-against-
35-01 ASTORIA OWNER, LLC, SM QOZB 1, LLC, RJB
CONTRACTING CARTING CORP. D/B/A ARMTECK
CONSTRUCTION CORP., and AKI RENOVATIONS, INC.,
Defendant(s).
__ __ ____ _------------ _-- __--_____..-------Ç
18*
Upon reading and filing the affinnation of IAN M. CHAIKIN, ESQ., affirmed on the
day of August, 2023 and upon all of the pleadings and prior proceedings had herein, now it is
hereby;
13th December
LET plaintiff show cause before this Court on the day of , 2023,
Part 36 ,\RWMWW\WWEtWWWIMMIMMMW8MM4th\MEM\M \1M\
MMWMMEMEMEMEMM), or as soon thereafter as counsel can be heard, why
an Order should not be entered permitting CHAIKIN PLLC to withdraw as attorneys for plaintiff
herein and to temporarily stay the action pending a decision on the underlying motion for sixty
(60) days to allow plaintiff to obtain new counsel and for such other and further relief as this Court
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deems just and proper.
No appearances are required. All application are on submission only.
Sufficient reasons appearing therefore, that service of a copy of this order via certified mail,
return receipt requested, together with the papers upon which it is granted, upon plaintiff,
DUBERNEY RINCON-LEON by regular mail and certified mail return receipt requested by
defendants'
October 20, 2023 and upon counselor, COFFEY MODICA O'MEARA LLP via
NYSCEF, on or before the 23rd day of October, 2023.
Dated: 10/16/23 ENTER:
Queens, New York
ROBERT I. CALORAS, J.S.C.
FILED
10/17/2023
COUNTY CLERK
QUEENS COUNTY RW
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UEENS COUNTY CLERK 08 18 2023 11:54 RECEIVED NYSCEF: 10/17/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/18/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
______-__-_________-_____________________----X
DUBERNEY RINCON-LEON,
Plaintiff(s), Index No.: 705517/2023
AFFIRMATION
-against-
35-01 ASTORIA OWNER, LLC, SMB QOZB 1, LLC, RJB
CONTRACTING CARTING CORP. D/B/A ARMTECK
CONSTRUCTION CORP., and AKI RENOVATIONS, INC.,
Defendant(s).
____________________________________________Ç
ANDRESSA FIGARO, ESQ., an attorney duly admitted to practice law in the courts of the
State of New York, under penalty of perjury and pursuant to papers in a file maintained in his office,
affirms the following:
1. I am a founder of CHAIKIN PLLC, attorneys for plaintiff herein, and as such am
fully familiar with the facts and circumstances surrounding this action.
2. This affirmation is submitted in support of the within application seeking an
Order permitting CHAIKIN PLLC to withdraw as attorneys for plaintiff, DUBERNEY
RINCON-LEON, and to temporarily stay the action pending a decision on the underlying motion
for sixty (60) days to allow plaintiff to obtain new counsel and for such other and further relief as
this Court deems just and proper.
3. This action was commenced by the filing of the Summons and Complaint on
March 15, 2023, and the issue was joined with service of Answer from defendants on June 9,
2023. Copies of the pleadings are annexed
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hereto as Exhibit "A".
4. CHAIKIN PLLC was retained by plaintiff, DUBERNEY RINCON-LEON, to
prosecute and/or seek settlement for plaintiff in this matter.
5. For a reason that will be disclosed to this Court in camera, if so requested, including
the deterioration of the attorney/client CHAIKIN PLLC and DUBERNEY RINCON-
relationship,
LEON, now have a difference of opinion of how to proceed with this matter, and therefore we
request to be relieved as counsel.
6. Plaintiff's counsel respectfully requests this Honorable Court, in the interest of
justice, to permit CHAIKIN PLLC, to make their application to withdraw as attorneys and stay the
dismissal motion for 60 days to allow plaintiff to seek new counsel, since there is no prejudice
whatsoever to defendants herein.
7. No previous application for the relief sought herein has ever been made to this or
any other Court.
WHEREFORE, it is respectfully requested that this application be granted in its entirety.
Dated: Melville, New York
August 18, 2023
ANDRESSA FIGARO
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EXHIB T A
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03/15/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS Date Purchased:
X SUMMONS
DUBERNEY RINCON-LEON,
Plaintiff, Plaintiff designates
-against- Queens County
as the place of trial
35-01 ASTORIA OWNER, LLC, SMB QOZB 1, LLC, IUB
CONTRACTINO CARTINO CORP. D/B/A ARMTECK The basis of venue is:
CONSTRUCTION CORP., and AKI RENOVATIONS, County of at least one
INC. defendant's business address
Defendants. and the County of Plaintiff s
X residence
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 ofappearance on
the Plaintiffs attorneys within twenty 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 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: Melville, New York
March 15, 2023 Yours, etc.
/s/ Mehmet F. Go7ce
MEHMET F. GOKCE ESQ.
CHAIKIN, PLLC
Attomeys for Plaintiff(s)
DUBERNEY RINCON-LEON
445 Broadhollow Road, Suite 232
Melville, New York 11747
(212) 977-2020
TO: 35-01 ASTORIA OWNER, LLC
28 Liberty Street
New York, NY 10005
Via the Secretary of State
RJB CONTRACTINO CARTING CORP. D/B/A ARMTECK CONSTRUCTIONCORP.
25*
50-01 Avenue, Suite 107
Woodside, NY 11377
Via personal service and via the Secretary of State
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SMB QOZB 1, LLC
28 Liberty Street
New York, NY 10005
Via the Secretary o(State
AKI RENOVATIONS, INC.
2"d
26-36 Street
Astoria, NY 11102
Via personal service and via the Secretary of State
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
VERIFIED
.........- _....____..--------...----X
DUBERNEY RINCON-LEON,
Plaintiff,
-against-
35-01 ASTORIA OWNER, LLC, SMB QOZB 1, LLC, RJB
CONTRACTINO CARTING CORP. D/B/A ARMTECK
CONSTRUCTION CORP., and AKI RENOVATIONS, INC.
Defendants.
X
Plaintiff, DUBERNEY RINCON-LEON, by his attorneys, CHANIN, PLLC, complaining
of the defendants, respectfully alleges, upon information and belief:
1. That on or about March 8, 2023 plaintiff, DUBERNEY RINCON-LEON, was and
still is a resident of the Queens County, City and State of New York.
2. That this action falls within one or more of the exemptions set forth in CPLR Section
1602.
3. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC,
was and still is a foreign limited liability company duly organized and existing under and by virtue
of the laws of the State of New York.
4. That at all times herein mentioned the defendant,35-01 ASTORIA OWNER, LLC,
transacted business in the State of New York.
83 of
of 23
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5. That at all times herein mentioned the defendant, SMB QOZB 1, LLC, was and still
is a foreign limited liability company duly organized and existing under and by virtue of the laws of
the State of New York.
6. That at all times herein mentioned the defendant, SMB QOZB 1, LLC, transacted
business in the State of New York.
7. That at all times herein mentioned the defendant, RJB CONTRACTING
CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., was and still is a domestic
business corporation duly organized and existing under and by virtue ofthe laws of the State ofNew
York.
· CONTRACTING
8. That at all times herein mentioned the defendant, RJB CARTING
CORP. D/B/A ARMTECK CONSTRUCTION CORP., transacted business in the State of New
York.
9. That at all times herein mentioned the defendant, RJB CONTRACTING
CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP.,maintained a principal place
of business at 50-01 25th Avenue, Suite 107, Woodside, NY 11377.
10. That at all times herein mentioned the defendant, AKIRENOVATIONS,INC., was
and still is a domestic business corporation duly organized and existing under and by virtue of the
laws of the State of New York.
11. That at all times herein mentioned the defendant, AKI RENOVATIONS, INC.,
transacted business in the State of New York.
12. That at all times herein mentioned the defendant, AKI RENOVATIONS, INC.,
2"d
maintained a principal place of business at 26-36 Street, Astoria, NY 1I102.
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AS AND FOR A FIRST CAUSE OF ACTION AS AGAINST DEFENDANT, 35-01
ASTORIA OWNER, I1C
"l"
13. Plaintiff repeats, realleges and reiterates the allegations contained in paragraphs
"12"
through with the same force and effect as though set forth fully at length herein.
14. That on March 8, 2023 the plaintiff, DUBERNEY RINCON-LEON, was working as
36*
a construction laborer at the premises known as 35-01 Street, Astoria, NY.
15. That and at all times hereinafter mentioned, the defendant, 35-01 ASTORIA
OWNER, LLC, owned the aforesaid premises.
16. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC,
operated the aforesaid premises.
17. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC,
controlled the aforesaid premises.
18. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC,
maintained the aforesaid premises.
19. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC,
managed the aforesaid premises.
20. That at all times herein mentioned the defendant,35-01 ASTORIA OWNER, LLC,
supervised the aforesaid premises.
21. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC,
inspected the aforesaid premises.
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22. That at all times herein mentioned the defendant,35-01 ASTORIA OWNER, LLC,
repaired the aforesaid premises.
23. That at all times hereinaAer mentioned, the defendant, 35-01 ASTORIA OWNER,
LLC, had a duty to own, construct, operate, control, maintain, manage, supervise, inspect and repair
said premises in such manner so as to make it safe for those lawfully and rightfully upon it, including
this plaintiff herein.
24. That at all times hereinafter alleged and upon information and belief, prior to March 8,
2023 the defendant, 35-01 ASTORIA OWNER, LLC, entered into an agreement for certain work,
labor and/or services with the defendant, RJB CONTRACTING CARTING CORP. D/B/A
ARMTECK CONSTRUCTION CORP., to be performed at the aforementioned premises.
25. That at all times herem after alleged and upon information and belief, prior to March 8,
2023 the defendant, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK
CONSTRUCTION CORP., was retained as the construction manager by defendant, 35-01
ASTORIA OWNER, LLC, to perform certain work, labor and/or services pursuant to a written
contract.
26. That at all times herein after alleged and upon information and belief, prior to March 8,
2023 the defendant, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK
CONSTRUCTION CORP., was retained as the general contractor by defendant, 35-01 ASTORIA
OWNER, LLC, to perform certain work, labor and/or services pursuant to a written contract.
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27. That at all times hereinafter alleged, such work, labor and/or services included the
demolition, erection, renovation, alteration and/or construction at the aforementioned premises.
28. That at all times hereinafter alleged and upon information and belief, prior to March 8,
2023 the defendant, 35-01 ASTORIA OWNER, LLC, entered into an agreement for certain work,
labor and/or services with the defendant, AKI RENOVATIONS, INC., to be performed at the
aforementioned premises.
29. That at all times herein after alleged and upon information and belief, prior to March 8,
2023 the defendant, AKI RENOVATIONS, INC., was retained as the construction manager by
defendant,35-01 ASTORIA OWNER, LLC, to perform certain work, labor and/orservices pursuant
to a written contract.
30. That at all times herein after alleged and upon information and belief, prior to March 8,
2023 the defendant, AKI RENOVATIONS, INC., was retained as the general contractor by
defendant, 35-01 ASTORIA OWNER, LLC, to perform certain work, labor and/orservices pursuant
to a written contract
31. That at all times hereinafter alleged, such work, labor and/or services included the
demolition, erection, renovation, alteration and/or construction at the aforementioned premises.
32. That at all times herein after alleged, on March 8, 2023 the defendant, 35-01
ASTORIA OWNER, LLC, its employees, agents, servants, contractors and/or sub-contractors were
engaged in performin
Preview
FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 NYSCEF DOC. NO. 33 INDEXNYSCEF: RECEIVED NO. 705517/2023 10/17/2023 FILED : ENS COUNTY CLERK 7 : NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/17/2023 At IAS Part 36 of the Supreme Court of the State of New York, held in and for the seq # 1 County of Queens, at 88-11 Sutphin Boulevard, Jamaica, New York, on the _16titiay of October , 2023 P R E S E N T: HON. _Robert I Caloras J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: 705517/2023 ___-.._____________..________...._________------..x DUBERNEY RINCON-LEON ORDER TO SHOW CAUSE Plaintiff(s), -against- 35-01 ASTORIA OWNER, LLC, SM QOZB 1, LLC, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., and AKI RENOVATIONS, INC., Defendant(s). __ __ ____ _------------ _-- __--_____..-------Ç 18* Upon reading and filing the affinnation of IAN M. CHAIKIN, ESQ., affirmed on the day of August, 2023 and upon all of the pleadings and prior proceedings had herein, now it is hereby; 13th December LET plaintiff show cause before this Court on the day of , 2023, Part 36 ,\RWMWW\WWEtWWWIMMIMMMW8MM4th\MEM\M \1M\ MMWMMEMEMEMEMM), or as soon thereafter as counsel can be heard, why an Order should not be entered permitting CHAIKIN PLLC to withdraw as attorneys for plaintiff herein and to temporarily stay the action pending a decision on the underlying motion for sixty (60) days to allow plaintiff to obtain new counsel and for such other and further relief as this Court 1 of 2 1 of 60 FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 NYSCEF DOC. NO. 33 RECEIVED INDEXNYSCEF: NO. 10/17/2023 705517/2023 FILED : ENS COUNTY CLERK 20 12 : NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/17/2023 deems just and proper. No appearances are required. All application are on submission only. Sufficient reasons appearing therefore, that service of a copy of this order via certified mail, return receipt requested, together with the papers upon which it is granted, upon plaintiff, DUBERNEY RINCON-LEON by regular mail and certified mail return receipt requested by defendants' October 20, 2023 and upon counselor, COFFEY MODICA O'MEARA LLP via NYSCEF, on or before the 23rd day of October, 2023. Dated: 10/16/23 ENTER: Queens, New York ROBERT I. CALORAS, J.S.C. FILED 10/17/2023 COUNTY CLERK QUEENS COUNTY RW 2 of 2 2 of 60 FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 INDEX NO. 705517/2023 NYSCEF FILED DOC. : NO. 33 UEENS COUNTY CLERK 08 18 2023 11:54 RECEIVED NYSCEF: 10/17/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ______-__-_________-_____________________----X DUBERNEY RINCON-LEON, Plaintiff(s), Index No.: 705517/2023 AFFIRMATION -against- 35-01 ASTORIA OWNER, LLC, SMB QOZB 1, LLC, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., and AKI RENOVATIONS, INC., Defendant(s). ____________________________________________Ç ANDRESSA FIGARO, ESQ., an attorney duly admitted to practice law in the courts of the State of New York, under penalty of perjury and pursuant to papers in a file maintained in his office, affirms the following: 1. I am a founder of CHAIKIN PLLC, attorneys for plaintiff herein, and as such am fully familiar with the facts and circumstances surrounding this action. 2. This affirmation is submitted in support of the within application seeking an Order permitting CHAIKIN PLLC to withdraw as attorneys for plaintiff, DUBERNEY RINCON-LEON, and to temporarily stay the action pending a decision on the underlying motion for sixty (60) days to allow plaintiff to obtain new counsel and for such other and further relief as this Court deems just and proper. 3. This action was commenced by the filing of the Summons and Complaint on March 15, 2023, and the issue was joined with service of Answer from defendants on June 9, 2023. Copies of the pleadings are annexed 1 of 2 3 of 60 FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 NYSCEF NO. INDEXNYSCEF: 705517/2023 F ILED DOC. : NO. 33 UEENS COUNTY CLERK 08 18 2 023 11: 54 RECEIVED 10/17/2023 NYSCEF DOC. NO. 28 RECE IVED NYSCE F: 08/18/2023 hereto as Exhibit "A". 4. CHAIKIN PLLC was retained by plaintiff, DUBERNEY RINCON-LEON, to prosecute and/or seek settlement for plaintiff in this matter. 5. For a reason that will be disclosed to this Court in camera, if so requested, including the deterioration of the attorney/client CHAIKIN PLLC and DUBERNEY RINCON- relationship, LEON, now have a difference of opinion of how to proceed with this matter, and therefore we request to be relieved as counsel. 6. Plaintiff's counsel respectfully requests this Honorable Court, in the interest of justice, to permit CHAIKIN PLLC, to make their application to withdraw as attorneys and stay the dismissal motion for 60 days to allow plaintiff to seek new counsel, since there is no prejudice whatsoever to defendants herein. 7. No previous application for the relief sought herein has ever been made to this or any other Court. WHEREFORE, it is respectfully requested that this application be granted in its entirety. Dated: Melville, New York August 18, 2023 ANDRESSA FIGARO 2 of 2 4 of 60 FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 NYSCEF NY SCEF DOC. DOC NO. . NO 33 . 29 RECEIVED RECEIVED NYSCEF: NYSCEF: 08 /18 / 2023 10/17/2023 EXHIB T A 5 of 60 FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 NYSCEF DOC. NYSCEF DOC. NO. 33 NO. 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 10/17/2023 03/15/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS Date Purchased: X SUMMONS DUBERNEY RINCON-LEON, Plaintiff, Plaintiff designates -against- Queens County as the place of trial 35-01 ASTORIA OWNER, LLC, SMB QOZB 1, LLC, IUB CONTRACTINO CARTINO CORP. D/B/A ARMTECK The basis of venue is: CONSTRUCTION CORP., and AKI RENOVATIONS, County of at least one INC. defendant's business address Defendants. and the County of Plaintiff s X residence 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 ofappearance on the Plaintiffs attorneys within twenty 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 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: Melville, New York March 15, 2023 Yours, etc. /s/ Mehmet F. Go7ce MEHMET F. GOKCE ESQ. CHAIKIN, PLLC Attomeys for Plaintiff(s) DUBERNEY RINCON-LEON 445 Broadhollow Road, Suite 232 Melville, New York 11747 (212) 977-2020 TO: 35-01 ASTORIA OWNER, LLC 28 Liberty Street New York, NY 10005 Via the Secretary of State RJB CONTRACTINO CARTING CORP. D/B/A ARMTECK CONSTRUCTIONCORP. 25* 50-01 Avenue, Suite 107 Woodside, NY 11377 Via personal service and via the Secretary of State 6 of 60 FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 133 RECEIVED NYSCEF: 03/15/2023 RECEIVED NYSCEF: 10/17/2023 SMB QOZB 1, LLC 28 Liberty Street New York, NY 10005 Via the Secretary o(State AKI RENOVATIONS, INC. 2"d 26-36 Street Astoria, NY 11102 Via personal service and via the Secretary of State 72 of of 60 23 FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 NYSCEF NYSCEF DOC. DOC. NO. NO. 1 33 RECEIVED NYSCEF: RECEIVED 03/15/2023 NYSCEF: 10/17/2023 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS VERIFIED .........- _....____..--------...----X DUBERNEY RINCON-LEON, Plaintiff, -against- 35-01 ASTORIA OWNER, LLC, SMB QOZB 1, LLC, RJB CONTRACTINO CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., and AKI RENOVATIONS, INC. Defendants. X Plaintiff, DUBERNEY RINCON-LEON, by his attorneys, CHANIN, PLLC, complaining of the defendants, respectfully alleges, upon information and belief: 1. That on or about March 8, 2023 plaintiff, DUBERNEY RINCON-LEON, was and still is a resident of the Queens County, City and State of New York. 2. That this action falls within one or more of the exemptions set forth in CPLR Section 1602. 3. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC, was and still is a foreign limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 4. That at all times herein mentioned the defendant,35-01 ASTORIA OWNER, LLC, transacted business in the State of New York. 83 of of 23 60 FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 NYSCEF NYSCEF DOC. DOC. 1 NO. 33 NO. RECEIVED RECEIVED NYSCEF: 03/15/2023 NYSCEF: 10/17/2023 5. That at all times herein mentioned the defendant, SMB QOZB 1, LLC, was and still is a foreign limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 6. That at all times herein mentioned the defendant, SMB QOZB 1, LLC, transacted business in the State of New York. 7. That at all times herein mentioned the defendant, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., was and still is a domestic business corporation duly organized and existing under and by virtue ofthe laws of the State ofNew York. · CONTRACTING 8. That at all times herein mentioned the defendant, RJB CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., transacted business in the State of New York. 9. That at all times herein mentioned the defendant, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP.,maintained a principal place of business at 50-01 25th Avenue, Suite 107, Woodside, NY 11377. 10. That at all times herein mentioned the defendant, AKIRENOVATIONS,INC., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. 11. That at all times herein mentioned the defendant, AKI RENOVATIONS, INC., transacted business in the State of New York. 12. That at all times herein mentioned the defendant, AKI RENOVATIONS, INC., 2"d maintained a principal place of business at 26-36 Street, Astoria, NY 1I102. 9 of 60 FILED: . QUEENS INDEX NO. 705517/2023 m "mar y wmmas w COUNTY wwwas 6 .m. CLERK wmmam 10/17/2023 w w g a w g m. w m. w 03:23 .m.m. . w -is PM a. awp NYSCEF NYSCEF DOC. DOC. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/17/2023 03/15/2023 AS AND FOR A FIRST CAUSE OF ACTION AS AGAINST DEFENDANT, 35-01 ASTORIA OWNER, I1C "l" 13. Plaintiff repeats, realleges and reiterates the allegations contained in paragraphs "12" through with the same force and effect as though set forth fully at length herein. 14. That on March 8, 2023 the plaintiff, DUBERNEY RINCON-LEON, was working as 36* a construction laborer at the premises known as 35-01 Street, Astoria, NY. 15. That and at all times hereinafter mentioned, the defendant, 35-01 ASTORIA OWNER, LLC, owned the aforesaid premises. 16. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC, operated the aforesaid premises. 17. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC, controlled the aforesaid premises. 18. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC, maintained the aforesaid premises. 19. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC, managed the aforesaid premises. 20. That at all times herein mentioned the defendant,35-01 ASTORIA OWNER, LLC, supervised the aforesaid premises. 21. That at all times herein mentioned the defendant, 35-01 ASTORIA OWNER, LLC, inspected the aforesaid premises. 10 of 60 FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 NYSCEF NYSCEF DOC. DOC. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/17/2023 03/15/2023 22. That at all times herein mentioned the defendant,35-01 ASTORIA OWNER, LLC, repaired the aforesaid premises. 23. That at all times hereinaAer mentioned, the defendant, 35-01 ASTORIA OWNER, LLC, had a duty to own, construct, operate, control, maintain, manage, supervise, inspect and repair said premises in such manner so as to make it safe for those lawfully and rightfully upon it, including this plaintiff herein. 24. That at all times hereinafter alleged and upon information and belief, prior to March 8, 2023 the defendant, 35-01 ASTORIA OWNER, LLC, entered into an agreement for certain work, labor and/or services with the defendant, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., to be performed at the aforementioned premises. 25. That at all times herem after alleged and upon information and belief, prior to March 8, 2023 the defendant, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., was retained as the construction manager by defendant, 35-01 ASTORIA OWNER, LLC, to perform certain work, labor and/or services pursuant to a written contract. 26. That at all times herein after alleged and upon information and belief, prior to March 8, 2023 the defendant, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., was retained as the general contractor by defendant, 35-01 ASTORIA OWNER, LLC, to perform certain work, labor and/or services pursuant to a written contract. 11 of 60 FILED: QUEENS COUNTY CLERK 10/17/2023 03:23 PM INDEX NO. 705517/2023 NYSCEF NYSCEF DOC. DOC. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/17/2023 03/15/2023 27. That at all times hereinafter alleged, such work, labor and/or services included the demolition, erection, renovation, alteration and/or construction at the aforementioned premises. 28. That at all times hereinafter alleged and upon information and belief, prior to March 8, 2023 the defendant, 35-01 ASTORIA OWNER, LLC, entered into an agreement for certain work, labor and/or services with the defendant, AKI RENOVATIONS, INC., to be performed at the aforementioned premises. 29. That at all times herein after alleged and upon information and belief, prior to March 8, 2023 the defendant, AKI RENOVATIONS, INC., was retained as the construction manager by defendant,35-01 ASTORIA OWNER, LLC, to perform certain work, labor and/orservices pursuant to a written contract. 30. That at all times herein after alleged and upon information and belief, prior to March 8, 2023 the defendant, AKI RENOVATIONS, INC., was retained as the general contractor by defendant, 35-01 ASTORIA OWNER, LLC, to perform certain work, labor and/orservices pursuant to a written contract 31. That at all times hereinafter alleged, such work, labor and/or services included the demolition, erection, renovation, alteration and/or construction at the aforementioned premises. 32. That at all times herein after alleged, on March 8, 2023 the defendant, 35-01 ASTORIA OWNER, LLC, its employees, agents, servants, contractors and/or sub-contractors were engaged in performin