Preview
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 02/03/2021
State of New York - Department of State
Division of Corporations
Party Served: Plaintiff/Petitioner:
ARRIC CORP. UTICA NATIONAL INSURANCE
COMPANY
ARRIC CORP.
5033 TRANSIT RD 20
NY 14043-4436 0CT
DEPEW,
Dear Sir/Madam:
Enclosed herewith is a legal document which was served upon the Secretary of
State on 09/16/2020 pursuant to SECTION 306 OF THE BUSINESS CORPORATION LAW.
This copy is being transmitted pursuant to such statute to the address
provided for such purpose.
Very truly yours,
Division of Corporations
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 02/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
---------------- -----------------------------------x
UTICA NATIONAL INSURANCE COMPANY OF OHIO AS
SUBROGREE OF SPRINGVILLE-GRIFFITH INSTITUTE
CENTRAL SCHOOL DISTRICT,
Plaintiff/Petitioner,
- against - Index No. 809591/2020
CONCEPT CONSTRUCTION CORP., ARRIC CORP.,
GUARD CONTRACTING CORP., AND STROMBECKI
ENGINEERS, P.C.,
Defendant/Respondent.
_____ -----------------------------------------x
NOTICE OF ELECTRONIC FILING
(Consensual Case)
(Uniform Rule § 202.5-b)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
e If you are represented by an attorney:
Attorneys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
e If vou are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
e and filing your documents electronically
serving
e free access to view and print your e-filed documents
e your number of trips to the courthouse
limiting
e court fees on-line (credit card needed)
paying any
To register for e-filing or for more information about how e-filing works:
e visit: www.nycourts.gov/efile-unrepresented or
e contact the Clerk's Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.gov
Page 1 of 2 EF-3
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 02/03/2021
To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
An attorney representing a party who is served with this notice must either consent or
decline consent to electronic filing and service through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically in the manner
provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to
participate in e-filing must first create a NYSCEF account and obtain a user ID and
password prior to recording their consent by going to www.nycourts.gov/efile
Attorneys declining to consent must file with the court and serve on all parties of record a
declination of consent.
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nysc_af@nycourts gav).
Dated: September 11, 2020
Jerry Marti, Esq.
930 Rand Building, 14 Lafayette Square
Name
Mura & Storm, PLLC
Buffalo, NY 14203
Firm Name Address
(716) 855-2800
Phone
jerry.marti@muralaw.com
E-Mail
To: Concept Construction, Corp.,
Arric Corp., Guard Contracting (
Corp., Stromecki Engineers, P.(
2/24/20
Index # Page 2 of 2 EF-3
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF NO. 809591/2020
INDEX NYSCEF:
FILED: DOC.ERIE
NO. 26COUNTY CLERK 08/31/2020 04:44 PM)
RECEIVED 02/03/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/31/2020
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
UTICA NATIONAL INSURANCE COMPANY OF
OHIO AS SUBROGEE OF SPRINGVILLE-GRIFFITH
INSTITUTE CENTRAL SCHOOL DISTRICT,
Plaintiff, SUMMONS
-vs- Index No.:
CONCEPT CONSTRUCTION CORP.,
ARRIC CORP.,
GUARD CONTRACTING CORP., and
STROMECKI ENGINEERS, P.C.,
Defendants.
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 a Summons, to serve
a Notice of Appearance on the plaintiff's attorney(s), within twenty (20) days after the service
of this Summons, exclusive of the day of service, or within thirty (30) days after completion
of service where service is made in any other manner than by personal delivery within the
State. In case of your failure to appear or answer, judgment may be taken against you by
default for the relief demanded in the Verified Complaint.
The nature of this action is for property damage arising out of negligence. The
relief sought is compensatory damages.
The venue of this action is Erie County based on the address of defendant
CONCEPT CONSTRUCTION CORP. which is located at 2555 Transit Road, Elma, New
York, 14059.
MURAdt?STORM, PLIr•930RANDBUILDING•14LAFAYETTE SQUARE•BUFFALO,NEWYORK.14203
(716)855-2800• FAX.(716)855-2816
1 of 2
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NYSCEF INDEX NYSCEF:
NO. 809591/2020
FILED: DOC.ERIE
NO. 26COUNTY CLERK 08/31/2020 04:44 PM RECEIVED 02/03/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/31/2020
DATED: Buffalo, New York
August 26, 2020
Jerry Marti, Esq.
MURA & STORM, PLLC
Attomeys for Plaintiff
930 Rand Building
14 Lafayette Square
Buffalo, New York 14203
(716) 855-2800
TO: CONCEPT CONSTRUCTION CORP.
2555 Transit Road
Elma, New York 14059
ARRIC CORP.
5033 Transit Road
Depew, New York 14043-4436
GUARD CONTRACTING CORP.
1085 Pletcher Road
Youngstown, New York 14174
STROMECKI ENGINEERS, P.C.
8744 Finch Road
Colden, New York 14033-9746
MURAdt STORM, PLLC•930RANDBUILDING•14LAFAYETTE SQUARE•BUFFALO,NEWYORK14203
(716)855-2800• FAx(716)855-2816
2 of 2
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
INDEX NO. 809591/2020
NYSCEFLED: ERIE 26
DOC. NO. COUNTY CLERK 08/31/2020 04T44 PMJ RECEIVED NYSCEF: 02/03/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/31/2020
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
UTICA NATIONAL INSURANCE COMPANY OF
OHIO AS SUBROGEE OF SPRINGVILLE-GRIFFITH
INSTITUTE CENTRAL SCHOOL DISTRICT,
Plaintiff, COMPLAINT
-vs- Index No.:
CONCEPT CONSTRUCTION CORP.,
ARRIC CORP.,
GUARD CONTRACTING CORP., and
STROMECKI ENGINEERS, P.C.,
Defendants.
UTICA NATIONAL INSURANCE COMPANY OF OHIO (hereinafter referred
to as "UTICA NATIONAL"), as subrogee of ("a/s/o") SPRINGVILLE-GRIFFITH INSTITUTE
CENTRAL SCHOOL DISTRICT (hereinafter referred to as "SPRINGVILLE-GRIFFITH"), by
and through its attorneys, MURA & STORM, PLLC, as and for its complaint against the
above-named defendants, states as follows:
THE PARTIES AND BACKGROUND
1. UTICA NATIONAL is an insurance company duly authorized to issue
policies of insurance in the state of New York, with its principal place of business located
at 180 Genesee Street, New Hartford, New York.
2. Upon information and belief, SPRINGVILLE-GRIFFITH is an
educational institution located in the County of Erie, New York.
3. At all times relevant herein, SPRINGVILLE-GRIFFlTH owned real
property located at 307 Newman Street, Springville, New York.
-1-
MURAd STORM, PLLC • 930RANDBUILDMG•14LAFAYMTE SQUARE•BUFFALO,NEWYORK14203
(716) 855-2800 • FAX (716) 855-2816
1 of 5
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
INDEX NO. 809591/2020
FILED: DOC. NO.
NYSCEF ERIE 26 COUNTY CLERK 08 / 317202 O O4: 44 PM) RECEIVED NYSCEF: 02/03/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/3 1/2020
4. At all times relevant herein, UTICA NATIONAL issued a policy of
insurance to SPRINGVILLE-GRIFFITH insuring them against, among other things,
damages to their real property located at 307 Newmañ Street, Springville, New York.
5. Defendant CONCEPT CONSTRUCTION CORP. (hereinafter
"CONCEPT") is a domestic business corporation that is authorized to conduct busiñess and
conducts business within the state of New York.
6. Defeñdañt CONCEPT's principal place of business is located in the
county of Erie, state of New York.
7. Defendant CONCEPT is in the busiñess of general construction and
construction management in the state of New York.
8. Defendant ARRIC CORP. (hereinafter "ARRIC") is a domestic
business corporation that is authorized to conduct business and conducts business within
the state of New York.
9. Defendant ARRIC's principal place of business is located in the county
of Erie, state of New York.
10. Defendant ARRIC is in the business of waste management, aslaestos
abatement, and demolition services in the state of New York.
11. Defendant GUARD CONTRACTING CORP. (hereinafter "GUARD")
is a domestic business corporation that is authorized to conduct business and conducts
business within the state of New York.
12. Defendant GUARD's principal place of business is located in the
county of Niagara and state of New York.
- 2 -
MURA TORM, PLLc•930RANDBUILDING e14LAFAYETTE SQUAREeBUFFALO,NEWYORK14203
(716) 855-2800 • FAX(716)855-2816
2 of 5
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809591/2020
INDEX
NO.
FILED DOC.
NYSCEF ERIE 26
E NO. COUNTY CLERK 08/31/2020 04: 44 PM) RECEIVED NYSCEF: 02/03/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/31/2020
13. Defendant GUARD is in the business of waste and debris disposal
and removal services in the state of New York.
14. Defendant STROMECKI ENGINEER'S P.C. (hereinafter
"Stromecki") is a domestic professional corporation that is authorized to conduct business
and conducts business within the state of New York.
15. Defendant STROMECKl's principal place of business is located in
the county of Erie, state of New York.
16. Defendant STROMECKI is in the business of consulting engineer in
the state of New York.
17. Prior to July 4, 2019, defendant CONCEPT contracted with or
retained defendant ARRIC to perform asbestos abatement and demolition services at or
near 307 Newman Street, Springville, New York.
18. Prior to July 4, 2019, defendant ARRIC contracted with or retained
defendant GUARD to perform demolition services and install temporary shoring and/or
support structures at 307 Newman Street, Springville, New York.
19. Prior to July 4, 2019, defendant GUARD contracted with or retained
defendant STROMECKI to design temporary sharing and/or support structures at 307
Newman Street, Springville, New York.
20. On July 4, 2019, the roof collapse of a building occurred at 307
Newman Street, Springville, New York.
21. The July 4, 2019 roof collapse occurred due to the negligence of the
defendants and without any fault of the plaintiff or the plaintiffs subrogor.
- 3 -
MURAd;dSTORM, PLLc•930RAND BUILDING e 14LAFAYETTE SQUARE e BUFFALO, NEw YORK l4203
(716)855-2800• FAX(716)855-2816
3 of 5
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NO. INDEX
8 0 9591/ 2 02 0
NYSCEF ERIE 26
(FILED: DOC. NO. COUNTY CLERK 08/31/2020 04:44 PM| RECEIVED NYSCEF: 02/03/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/31/2020
AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS
22. Plaintiff repeats and realleges the statements and a!Iegations set
forth in the foregoing paragraphs with the same force and effect as if fully set forth herein.
23. The July 4, 2019 roof collapse damaged or destroyed
SPRINGVILLE-GRIFFITH'S property located at 307 Newman Street, Springville, New
York.
24. Under its insurance policy with SPRINGVILLE-GRIFFITH and with
respect to the damage to and loss of 307 Newman Street, Springville, New York, UTICA
NATIONAL was obligated to pay and did pay $152,559.88 for such damage and loss.
25. Accordingly, under the terms of the policy and common law, UTICA
NATIONAL became subregated to SPRINGVILLE-GRIFFITH and is entitled to pursue all
claims and causes of action against defendants for the amount of $152,559.88 plus interest.
WHEREFORE, plaintiff demands judgment against defendants in the
amount of $152,559.88 plus interest, costs, disbursements, attomey's fees and such
other and further relief that this Court deems just and proper.
Dated: Buffalo, New York
August 26, 2020
Jerry Marti, Esq.
MURA & STORM, PLLC
Attomeys for Plaintiff
930 Rand Building
14 Lafayette Square
Buffalo, New York 14203
(716) 855-2800
- 4-
MURAddSTORM, PLLC•930 RAND BUILDING a 14 LAFAYErrE SQUARE a BUFFALO, NEW YORK 14203
(716) 855-2800• FAX(716) 855-2816
4 of 5
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
INDEX NO. 809591/2020
NYSCEF ED: ERIE 26
DOC. NO. COUNTY CLERK 08/31/2020 04:44 PM| RECEIVED NYSCEF: 02/03/2021
NYSCEÈ DOC. NO. 2 RECEIVED NYSCEF: 08/31/2020
TO: CONCEPT CONSTRUCTION CORP.
2555 Transit Road
Elma, New York 14059
ARRIC CORP.
5033 Transit Road
Depew, New York 14043-4436
GUARD CONTRACTING CORP.
1085 Pletcher Road
Youngstown, New York 14174
STROMECKI ENGINEERS, P.C.
8744 Finch Road
Colden, New York 14033
-5-
MURAdzjSTORM, PLLC•930RANDBUILDING•14LAFAYETTESQUARE•BUFFALO,NEWYORKl4203
(716)855-2800•FAX(716)855-2816
5 of 5
Preview
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 02/03/2021 State of New York - Department of State Division of Corporations Party Served: Plaintiff/Petitioner: ARRIC CORP. UTICA NATIONAL INSURANCE COMPANY ARRIC CORP. 5033 TRANSIT RD 20 NY 14043-4436 0CT DEPEW, Dear Sir/Madam: Enclosed herewith is a legal document which was served upon the Secretary of State on 09/16/2020 pursuant to SECTION 306 OF THE BUSINESS CORPORATION LAW. This copy is being transmitted pursuant to such statute to the address provided for such purpose. Very truly yours, Division of Corporations FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 02/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ---------------- -----------------------------------x UTICA NATIONAL INSURANCE COMPANY OF OHIO AS SUBROGREE OF SPRINGVILLE-GRIFFITH INSTITUTE CENTRAL SCHOOL DISTRICT, Plaintiff/Petitioner, - against - Index No. 809591/2020 CONCEPT CONSTRUCTION CORP., ARRIC CORP., GUARD CONTRACTING CORP., AND STROMBECKI ENGINEERS, P.C., Defendant/Respondent. _____ -----------------------------------------x NOTICE OF ELECTRONIC FILING (Consensual Case) (Uniform Rule § 202.5-b) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. e If you are represented by an attorney: Attorneys" Give this Notice to your attorney. (Attorneys: see "Information for pg. 2). e If vou are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: e and filing your documents electronically serving e free access to view and print your e-filed documents e your number of trips to the courthouse limiting e court fees on-line (credit card needed) paying any To register for e-filing or for more information about how e-filing works: e visit: www.nycourts.gov/efile-unrepresented or e contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov Page 1 of 2 EF-3 FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 02/03/2021 To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys An attorney representing a party who is served with this notice must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.gov/efile Attorneys declining to consent must file with the court and serve on all parties of record a declination of consent. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nysc_af@nycourts gav). Dated: September 11, 2020 Jerry Marti, Esq. 930 Rand Building, 14 Lafayette Square Name Mura & Storm, PLLC Buffalo, NY 14203 Firm Name Address (716) 855-2800 Phone jerry.marti@muralaw.com E-Mail To: Concept Construction, Corp., Arric Corp., Guard Contracting ( Corp., Stromecki Engineers, P.( 2/24/20 Index # Page 2 of 2 EF-3 FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF NO. 809591/2020 INDEX NYSCEF: FILED: DOC.ERIE NO. 26COUNTY CLERK 08/31/2020 04:44 PM) RECEIVED 02/03/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/31/2020 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE UTICA NATIONAL INSURANCE COMPANY OF OHIO AS SUBROGEE OF SPRINGVILLE-GRIFFITH INSTITUTE CENTRAL SCHOOL DISTRICT, Plaintiff, SUMMONS -vs- Index No.: CONCEPT CONSTRUCTION CORP., ARRIC CORP., GUARD CONTRACTING CORP., and STROMECKI ENGINEERS, P.C., Defendants. 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 a Summons, to serve a Notice of Appearance on the plaintiff's attorney(s), within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. In case of your failure to appear or answer, judgment may be taken against you by default for the relief demanded in the Verified Complaint. The nature of this action is for property damage arising out of negligence. The relief sought is compensatory damages. The venue of this action is Erie County based on the address of defendant CONCEPT CONSTRUCTION CORP. which is located at 2555 Transit Road, Elma, New York, 14059. MURAdt?STORM, PLIr•930RANDBUILDING•14LAFAYETTE SQUARE•BUFFALO,NEWYORK.14203 (716)855-2800• FAX.(716)855-2816 1 of 2 FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF INDEX NYSCEF: NO. 809591/2020 FILED: DOC.ERIE NO. 26COUNTY CLERK 08/31/2020 04:44 PM RECEIVED 02/03/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/31/2020 DATED: Buffalo, New York August 26, 2020 Jerry Marti, Esq. MURA & STORM, PLLC Attomeys for Plaintiff 930 Rand Building 14 Lafayette Square Buffalo, New York 14203 (716) 855-2800 TO: CONCEPT CONSTRUCTION CORP. 2555 Transit Road Elma, New York 14059 ARRIC CORP. 5033 Transit Road Depew, New York 14043-4436 GUARD CONTRACTING CORP. 1085 Pletcher Road Youngstown, New York 14174 STROMECKI ENGINEERS, P.C. 8744 Finch Road Colden, New York 14033-9746 MURAdt STORM, PLLC•930RANDBUILDING•14LAFAYETTE SQUARE•BUFFALO,NEWYORK14203 (716)855-2800• FAx(716)855-2816 2 of 2 FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 INDEX NO. 809591/2020 NYSCEFLED: ERIE 26 DOC. NO. COUNTY CLERK 08/31/2020 04T44 PMJ RECEIVED NYSCEF: 02/03/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/31/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE UTICA NATIONAL INSURANCE COMPANY OF OHIO AS SUBROGEE OF SPRINGVILLE-GRIFFITH INSTITUTE CENTRAL SCHOOL DISTRICT, Plaintiff, COMPLAINT -vs- Index No.: CONCEPT CONSTRUCTION CORP., ARRIC CORP., GUARD CONTRACTING CORP., and STROMECKI ENGINEERS, P.C., Defendants. UTICA NATIONAL INSURANCE COMPANY OF OHIO (hereinafter referred to as "UTICA NATIONAL"), as subrogee of ("a/s/o") SPRINGVILLE-GRIFFITH INSTITUTE CENTRAL SCHOOL DISTRICT (hereinafter referred to as "SPRINGVILLE-GRIFFITH"), by and through its attorneys, MURA & STORM, PLLC, as and for its complaint against the above-named defendants, states as follows: THE PARTIES AND BACKGROUND 1. UTICA NATIONAL is an insurance company duly authorized to issue policies of insurance in the state of New York, with its principal place of business located at 180 Genesee Street, New Hartford, New York. 2. Upon information and belief, SPRINGVILLE-GRIFFITH is an educational institution located in the County of Erie, New York. 3. At all times relevant herein, SPRINGVILLE-GRIFFlTH owned real property located at 307 Newman Street, Springville, New York. -1- MURAd STORM, PLLC • 930RANDBUILDMG•14LAFAYMTE SQUARE•BUFFALO,NEWYORK14203 (716) 855-2800 • FAX (716) 855-2816 1 of 5 FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 INDEX NO. 809591/2020 FILED: DOC. NO. NYSCEF ERIE 26 COUNTY CLERK 08 / 317202 O O4: 44 PM) RECEIVED NYSCEF: 02/03/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/3 1/2020 4. At all times relevant herein, UTICA NATIONAL issued a policy of insurance to SPRINGVILLE-GRIFFITH insuring them against, among other things, damages to their real property located at 307 Newmañ Street, Springville, New York. 5. Defendant CONCEPT CONSTRUCTION CORP. (hereinafter "CONCEPT") is a domestic business corporation that is authorized to conduct busiñess and conducts business within the state of New York. 6. Defeñdañt CONCEPT's principal place of business is located in the county of Erie, state of New York. 7. Defendant CONCEPT is in the busiñess of general construction and construction management in the state of New York. 8. Defendant ARRIC CORP. (hereinafter "ARRIC") is a domestic business corporation that is authorized to conduct business and conducts business within the state of New York. 9. Defendant ARRIC's principal place of business is located in the county of Erie, state of New York. 10. Defendant ARRIC is in the business of waste management, aslaestos abatement, and demolition services in the state of New York. 11. Defendant GUARD CONTRACTING CORP. (hereinafter "GUARD") is a domestic business corporation that is authorized to conduct business and conducts business within the state of New York. 12. Defendant GUARD's principal place of business is located in the county of Niagara and state of New York. - 2 - MURA TORM, PLLc•930RANDBUILDING e14LAFAYETTE SQUAREeBUFFALO,NEWYORK14203 (716) 855-2800 • FAX(716)855-2816 2 of 5 FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 809591/2020 INDEX NO. FILED DOC. NYSCEF ERIE 26 E NO. COUNTY CLERK 08/31/2020 04: 44 PM) RECEIVED NYSCEF: 02/03/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/31/2020 13. Defendant GUARD is in the business of waste and debris disposal and removal services in the state of New York. 14. Defendant STROMECKI ENGINEER'S P.C. (hereinafter "Stromecki") is a domestic professional corporation that is authorized to conduct business and conducts business within the state of New York. 15. Defendant STROMECKl's principal place of business is located in the county of Erie, state of New York. 16. Defendant STROMECKI is in the business of consulting engineer in the state of New York. 17. Prior to July 4, 2019, defendant CONCEPT contracted with or retained defendant ARRIC to perform asbestos abatement and demolition services at or near 307 Newman Street, Springville, New York. 18. Prior to July 4, 2019, defendant ARRIC contracted with or retained defendant GUARD to perform demolition services and install temporary shoring and/or support structures at 307 Newman Street, Springville, New York. 19. Prior to July 4, 2019, defendant GUARD contracted with or retained defendant STROMECKI to design temporary sharing and/or support structures at 307 Newman Street, Springville, New York. 20. On July 4, 2019, the roof collapse of a building occurred at 307 Newman Street, Springville, New York. 21. The July 4, 2019 roof collapse occurred due to the negligence of the defendants and without any fault of the plaintiff or the plaintiffs subrogor. - 3 - MURAd;dSTORM, PLLc•930RAND BUILDING e 14LAFAYETTE SQUARE e BUFFALO, NEw YORK l4203 (716)855-2800• FAX(716)855-2816 3 of 5 FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NO. INDEX 8 0 9591/ 2 02 0 NYSCEF ERIE 26 (FILED: DOC. NO. COUNTY CLERK 08/31/2020 04:44 PM| RECEIVED NYSCEF: 02/03/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/31/2020 AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS 22. Plaintiff repeats and realleges the statements and a!Iegations set forth in the foregoing paragraphs with the same force and effect as if fully set forth herein. 23. The July 4, 2019 roof collapse damaged or destroyed SPRINGVILLE-GRIFFITH'S property located at 307 Newman Street, Springville, New York. 24. Under its insurance policy with SPRINGVILLE-GRIFFITH and with respect to the damage to and loss of 307 Newman Street, Springville, New York, UTICA NATIONAL was obligated to pay and did pay $152,559.88 for such damage and loss. 25. Accordingly, under the terms of the policy and common law, UTICA NATIONAL became subregated to SPRINGVILLE-GRIFFITH and is entitled to pursue all claims and causes of action against defendants for the amount of $152,559.88 plus interest. WHEREFORE, plaintiff demands judgment against defendants in the amount of $152,559.88 plus interest, costs, disbursements, attomey's fees and such other and further relief that this Court deems just and proper. Dated: Buffalo, New York August 26, 2020 Jerry Marti, Esq. MURA & STORM, PLLC Attomeys for Plaintiff 930 Rand Building 14 Lafayette Square Buffalo, New York 14203 (716) 855-2800 - 4- MURAddSTORM, PLLC•930 RAND BUILDING a 14 LAFAYErrE SQUARE a BUFFALO, NEW YORK 14203 (716) 855-2800• FAX(716) 855-2816 4 of 5 FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 INDEX NO. 809591/2020 NYSCEF ED: ERIE 26 DOC. NO. COUNTY CLERK 08/31/2020 04:44 PM| RECEIVED NYSCEF: 02/03/2021 NYSCEÈ DOC. NO. 2 RECEIVED NYSCEF: 08/31/2020 TO: CONCEPT CONSTRUCTION CORP. 2555 Transit Road Elma, New York 14059 ARRIC CORP. 5033 Transit Road Depew, New York 14043-4436 GUARD CONTRACTING CORP. 1085 Pletcher Road Youngstown, New York 14174 STROMECKI ENGINEERS, P.C. 8744 Finch Road Colden, New York 14033 -5- MURAdzjSTORM, PLLC•930RANDBUILDING•14LAFAYETTESQUARE•BUFFALO,NEWYORKl4203 (716)855-2800•FAX(716)855-2816 5 of 5