Preview
FILED:
FILED: ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 03/10/2021
08/31/2020 11:09
04 :44 AM
PM|
INDEX
INDEX NO.
NO. 809591/2020
8 0 95 91/ 2 0 2 0
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/10/2021
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.
- 1 -
MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203
(716) 855-2800 • FAX (716) 855-2816
1 of 2
FILED:
FILED: ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 03/10/2021
08/3X72020 11:09
04:44 AM
PM)
INDEX
INDEX NO.
NO. 809591/2020
8 0 95 91/ 2 0 2 0
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/10/2021
08/31/2020
DATED: Buffalo, New York
August 26, 2020
Jerry Marti, Esq.
MURA & STORM, PLLC
Attorneys 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
-2-
MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYETTE SQUARE•BUFFALO,NEWYORK14203
(716) 855-2800 • FAX (716) 855-2816
2 of 2
FILED:
FILED: ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 03/10/2021
08/31/2020 11:09
04 :44 AM
PM|
INDEX
INDEX NO.
NO. 809591/2020
8 0 95 91/ 2 0 2 0
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
2 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/10/2021
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-GRIFFITH owned real
property located at 307 Newman Street, Springville, New York.
- 1 -
MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203
(716) 855-2800 • FAX (716) 855-2816
1 of 5
FILED:
FILED : ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 03/10/2021
08/31/2020 11:09
04 : 44 AM
PM|
INDEX
INDEX NO.
NO. 809591/2020
8 0 95 91/ 2 0 2 0
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
2 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/10/2021
08/31/2020
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 Newman Street, Springville, New York.
5. Defendant CONCEPT CONSTRUCTION CORP. (hereinafter
"CONCEPT") is a domestic business corporation that is authorized to conduct business and
conducts business within the state of New York.
6. Defendant CONCEPT's principal place of business is located in the
county of Erie, state of New York.
7. Defendant CONCEPT is in the business 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, asbestos
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 -
MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203
(716) 855-2800 • FAX (716) 855-2816
2 of 5
FILED:
FILED: ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 03/10/2021
08/31/2020 11:09
04:44 AM
PM|
INDEX
INDEX NO.
NO. 809591/2020
8 0 95 91/2 02 0
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
2 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/10/2021
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 STROMECKI's principal place of business is iccated 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 shoring 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-
MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203
(716) 855-2800• FAX(716) 855-2816
3 of 5
FILED:
FILED: ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 03/10/2021
08/31/2020 11:09
04:44 AM
PM|
INDEX
INDEX NO.
NO. 809591/2020
8 0 95 91/ 2 0 2 0
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
2 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/10/2021
08/31/2020
AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS
22. Plaintiff repeats and realleges the statements and allegations 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 iccated 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 subrogated 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
Attorneys for Plaintiff
930 Rand Building
14 Lafayette Square
Buffalo, New York 14203
(716) 855-2800
MURAddSTORM, PLLC•930RAND BLm_pmo•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203
(716) 855-2800 • FAX (716) 855-2816
4 of 5
FILED:
FILED: ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 03/10/2021
08 /3X72020 11:09
04 :44 AM
PMl
INDEX
INDEX NO. 809591/2020
NO. 8 0 95 91/ 2 0 2 0
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
2 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/10/2021
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 -
MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203
(716) 855-2800 • FAX (716) 855-2816
5 of 5
Preview
FILED: FILED: ERIE ERIE COUNTY COUNTY CLERK CLERK 03/10/2021 08/31/2020 11:09 04 :44 AM PM| INDEX INDEX NO. NO. 809591/2020 8 0 95 91/ 2 0 2 0 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/10/2021 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. - 1 - MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203 (716) 855-2800 • FAX (716) 855-2816 1 of 2 FILED: FILED: ERIE ERIE COUNTY COUNTY CLERK CLERK 03/10/2021 08/3X72020 11:09 04:44 AM PM) INDEX INDEX NO. NO. 809591/2020 8 0 95 91/ 2 0 2 0 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/10/2021 08/31/2020 DATED: Buffalo, New York August 26, 2020 Jerry Marti, Esq. MURA & STORM, PLLC Attorneys 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 -2- MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYETTE SQUARE•BUFFALO,NEWYORK14203 (716) 855-2800 • FAX (716) 855-2816 2 of 2 FILED: FILED: ERIE ERIE COUNTY COUNTY CLERK CLERK 03/10/2021 08/31/2020 11:09 04 :44 AM PM| INDEX INDEX NO. NO. 809591/2020 8 0 95 91/ 2 0 2 0 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/10/2021 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-GRIFFITH owned real property located at 307 Newman Street, Springville, New York. - 1 - MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203 (716) 855-2800 • FAX (716) 855-2816 1 of 5 FILED: FILED : ERIE ERIE COUNTY COUNTY CLERK CLERK 03/10/2021 08/31/2020 11:09 04 : 44 AM PM| INDEX INDEX NO. NO. 809591/2020 8 0 95 91/ 2 0 2 0 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/10/2021 08/31/2020 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 Newman Street, Springville, New York. 5. Defendant CONCEPT CONSTRUCTION CORP. (hereinafter "CONCEPT") is a domestic business corporation that is authorized to conduct business and conducts business within the state of New York. 6. Defendant CONCEPT's principal place of business is located in the county of Erie, state of New York. 7. Defendant CONCEPT is in the business 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, asbestos 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 - MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203 (716) 855-2800 • FAX (716) 855-2816 2 of 5 FILED: FILED: ERIE ERIE COUNTY COUNTY CLERK CLERK 03/10/2021 08/31/2020 11:09 04:44 AM PM| INDEX INDEX NO. NO. 809591/2020 8 0 95 91/2 02 0 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/10/2021 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 STROMECKI's principal place of business is iccated 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 shoring 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- MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203 (716) 855-2800• FAX(716) 855-2816 3 of 5 FILED: FILED: ERIE ERIE COUNTY COUNTY CLERK CLERK 03/10/2021 08/31/2020 11:09 04:44 AM PM| INDEX INDEX NO. NO. 809591/2020 8 0 95 91/ 2 0 2 0 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/10/2021 08/31/2020 AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS 22. Plaintiff repeats and realleges the statements and allegations 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 iccated 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 subrogated 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 Attorneys for Plaintiff 930 Rand Building 14 Lafayette Square Buffalo, New York 14203 (716) 855-2800 MURAddSTORM, PLLC•930RAND BLm_pmo•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203 (716) 855-2800 • FAX (716) 855-2816 4 of 5 FILED: FILED: ERIE ERIE COUNTY COUNTY CLERK CLERK 03/10/2021 08 /3X72020 11:09 04 :44 AM PMl INDEX INDEX NO. 809591/2020 NO. 8 0 95 91/ 2 0 2 0 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/10/2021 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 - MURAddSTORM, PLLC•930RANDBUILDING•14LAFAYEPTE SQUARE•BUFFALO,NEWYORK14203 (716) 855-2800 • FAX (716) 855-2816 5 of 5