Preview
FILED: KINGS COUNTY CLERK 01/23/2024 04:00 PM INDEX NO. 502306/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------X Index No.:
LUIS CABRERA VILLAGOMEZ
SUMMONS
Plaintiff,
The basis of venue is:
-against- Location of Accident
Plaintiff designates KINGS
GALAXY DEVELOPERS, LLC., AND 69 ADAMS, County as the place of trial.
LLC.
Location of Accident
Defendants. 69 Adams Street
----------------------------------------------------X Brooklyn, New York 11201
To the above named 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 this summons, to
serve a notice of appearance on the Plaintiffs attorney 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: New York, New York
January 22, 2024
Yours, tc.
CHRISTOP R J. GORAYEB
GORAYEB/& ASSOCIATES, P.C.
'
Attorney f Plaintiff
LUIS CA ERA VILLAGOMEZ
100 Willi Street, Suite 1900
New York, New York 10038
267-9222/A12138 - LL/KO
(212)
Law Offices
GORAYEB& ASSOCIATES,P.C.
100WILLIAMSTREET
NEWYORK,NEWYORK10038
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DEFENDANTS'ADDRESSES:
GALAXY DEVELOPERS, LLC.
505 Flushing Avenue, Suite 1D
Brooklyn, New York 11205
clo Secretary of State
69 ADAMS, LLC.
505 Flushing Avenue, Suite 1D
Brooklyn, New York 11205
clo Secretary of State
LawOffices
P.C.
GORAYEB& ASSOCIATES,
100WIWAM STREET
NEWYORK,NEWYORK10038
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__._.________________________________Ç
LUIS CABRERA VILLAGOMEZ
VERIFIED COMPLAINT
Plaintiff,
Index No.:
-against-
GALAXY DEVELOPERS, LLC., AND 69 ADAMS,
LLC.
Defendants.
___________________________________Ç
Plaintiff, LUIS CABRERA VILLAGOMEZ by his attorney, GORAYEB &
ASSOCIATES, P.C., complaining of the defendants, respectfully alleges, upon
information and belief, as follows:
1. That at all times hereinafter mentioned and prior thereto and on, or prior to
December 27, 2023, plaintiff is and still a resident of the State of New York,
County of Queens.
2. That this action falls within one or more of the exemptions set forth in CPLR
§1602.
3. That at all times hereinafter mentioned, the defendant, GALAXY
DEVELOPERS, LLC., (hereinafter "GALAXY"), was and still is a domestic
corporation organized and existing under and by virtue of the Laws of the State
of New York.
4. That at all times hereinafter mentioned, and upon information and belief,
GALAXY, was and still is a foreign corporation authorized to do business under
and by virtue of the Laws of the State of New York.
P.C.
GORAYEB& ASSOCIATES,
toowiHAusÄReEr 5. That at all times hereinafter mentioned, the defendant, GALAXY was and still is
NEWYORK,NEWYORK10038
a domestic limited liability organized and existing under and by virtue of the
3 of 15
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Laws of the State of New York.
6. That at all times hereinafter mentioned, and upon information and belief,
GALAXY, was and still is a foreign limited liability authorized to do business
under and by virtue of the Laws of the State of New York.
7. That at all times hereinafter mentioned, GALAXY, was and still is a partnership
organized and existing under and by virtue of the Laws of the State of New
York.
8. That at all times hereinafter mentioned, and upon information and belief,
GALAXY, maintained a principal place of business in Kings County, City and
State of New York with its principal place of business at 505 Flushing Avenue,
Suite 1D, Brooklyn, New York 11201.
9. That at all times hereinafter mentioned, the defendant, 69 ADAMS, LLC.,
(hereinafter "ADAMS"), was and still is a domestic corporation organized and
existing under and by virtue of the Laws of the State of New York.
10. That at all times hereinafter mentioned, and upon information and belief,
ADAMS, was and still is a foreign corporation authorized to do business under
and by virtue of the Laws of the State of New York.
11. That at all times hereinafter mentioned, the defendant, ADAMS was and still is
a domestic limited liability organized and existing under and by virtue of the
Laws of the State of New York.
12. That at all times hereinafter mentioned, and upon information and belief,
ADAMS, was and still is a foreign limited liability authorized to do business
under and by virtue of the Laws of the State of New York.
13. That at all times hereinafter mentioned, ADAMS, was and still is a partnership
La OMus Organized and under and virtue of the Laws of the State of New
existing by
P.C.
GORAYEB& ASSOCIATES,
100WILUAMSTREET
NEWYORK,NEWYORK10038
14. That at all times hereinafter mentioned, and upon information and belief,
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ADAMS, maintained a principal place of business in Kings County, City and
State of New York with its principal place of business at 505 Flushing Avenue,
Suite 1D, Brooklyn, New York 11201.
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF LUIS CABRERA VILLAGOMEZ
15. Plaintiff, LUIS CABRERA VILLAGOMEZ, repeats, reiterates and re-alleges
"1" "14"
each and every allegation contained in paragraphs through together
with the same force and effect as though same were more fully set forth at
length herein.
16. That on December 27, 2023, GALAXY, owned the property located 69 Adams
Street, Brooklyn, New York 11201.
17. That on December 27, 2023, GALAXY owned a building or structure located at
69 Adams Street, Brooklyn, New York 11201.
18. That on December 27, 2023, GALAXY operated a building or structure located
at 69 Adams Street, Brooklyn, New York 11201.
19. That on December 27, 2023, GALAXY, maintained a building or structure
located at 69 Adams Street, Brooklyn, New York 11201.
20. That on December 27, 2023, GALAXY, controlled and managed a building and
structure focated at 69 Adams Street, Brooklyn, New York 11201.
21. That on or prior to December 27, 2023, GALAXY was hired and/or retained to
act as the general contractor and/or construction manager for the construction,
renovation, demolition, repair and/or alteration of premises located at 69
Adams Street, Brooklyn, New York 11201,
22, That on or prior to December 27, 2023, GALAXY, entered into an agreement
ø,ome, and contract by which GALAXY was to provide certain work, labor, services
P.C.
GORAYEB& ASSOCIATES,
1 WIWAMSTREET and material as the general contractor and or construction manager with
NEWYORK,NEWYORK10038
respect to certain construction work, labor and services concerning the
5 of 15
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construction of the premises located at 69 Adams Street, Brooklyn, New York
11201.
23. That on or prior to December 27, 2023, GALAXY entered into an agreement
and contract by which GALAXY was to provide certain work, labor, services
and material with respect to certain construction work, labor and services
concerning the construction of the premises located at 69 Adams Street,
Brooklyn, New York 11201.
24. That on or prior to December 27, 2023, GALAXY retained a contractor to
perform construction, renovation, demolition, painting, repair and/or alteration
of 69 Adams Street, Brooklyn, New York 11201.
25. That on or prior to December 27, 2023, GALAXY retained COLGATE
SCAFFOLDING CORP., (hereinafter "COLGATE") to provide work, labor
and/or services at the premises located at 69 Adams Street, Brooklyn, New
York 11201.
26. That at all times hereinafter mentioned, and on, or prior to December 27, 2023,
COLGATE was hired and/or retained pursuant to a written contract and/or
agreement.
27. That on or prior to December 27, 2023, the Defendant, its agents, servants
and/or employees were engaged in performing construction work, labor and/or
services upon the premises located at 69 Adams Street, Brooklyn, New York
11201.
28. That on December 27, 2023, construction, renovation, demolition, painting,
repair and/or alterations were being performed at 69 Adams Street, Brooklyn,
New York 11201.
LawOkes 29. That on December plaintiff was engaged in the performance of
27, 2023,
GORAYEB& ASSOCIATES,
P.C.
A
constrUCtion, renovation, demolition, painting, repair and/or alterations at said
o STO com
premises.
6 of 15
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30. That the Defendant, its agents, servants and/or employees had the duty to
provide the Plaintiff with a safe place to work.
31. That the Defendant, its agents, servants and/or employees had the
non-delegable duty to see that the work site was kept reasonably safe and free
of dangers and hazards to those workers lawfully thereat.
32. That on December 27, 2023, while plaintiff LUIS CABRERA VILLAGOMEZ,
was lawfully and carefully working at said premises, he was caused to be
injured by reason of the negligence of the defendant, its agents, servants
and/or employees in the ownership, operation, direction, supervision,
possession, control, construction, repair, rehabilitation and/or alteration of the
said premises sustaining the injuries hereinafter alleged.
33. That the defendant, its agents, servants and/or employees were negligent,
reckless and careless in the ownership, operation, repair, control, possession,
supervision, direction, construction, inspection, management, renovation,
rehabilitation and/or alteration of the said premises in that they failed to provide
the plaintiff with a safe place to work; failed to provide the plaintiff with a
hazard-free work place; failed to provide the plaintiff with proper and approved
safety devices so placed, fixed and/or secured so as to afford proper protection
to the plaintiff working thereat; violated the applicable provisions of the Labor
Law of the State of New York, the Industrial Code of the State of New York and
the provisions of the Occupational Safety & Health Administration as they
pertain to construction; in conducting the work of construction, reconstruction
and/or renovation in a careless and reckless manner contrary to law, including,
but not limited to, the Labor Law of the State of New York; in causing and/or
LawMos the premises under construction to be and remain in a dangerous,
permitting
GORAYEB& ASSOCIATES,
P,C,
NEW O EWYORK 0038 improper and unlawful condition thereby causing injury to the plaintiff; in
furnishing a work place which was operated, equipped, constructed, arranged
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and maintained in a manner that was dangerous and hazardous; in failing to
provide proper and essential tools and equipment properly guarded
maintained and in good repair to persons lawfully employed at the work place;
in failing to provide proper and essential protection and safeguards to persons
lawfully employed and present on said premises, all in violation of applicable
laws, statutes and ordinances and in utter disregard of the safety of workmen,
including plaintiff, and being otherwise careless, reckless and negligent in the
premises.
34. That the defendants, its agents, servants and/or employees had actual and/or
constructive notice of the dangerous and defective conditions existing upon the
work site.
35. That the accident and the injuries resulting therefrom were caused solely and
wholly by reason of the negligence of the defendants, its agents, servants
and/or employees without any fault, want of care or culpable conduct on the
part of the plaintiff contributing thereto.
36. That by reason of the foregoing, the plaintiff has been rendered sick, sore, lame
maimed and disabled and so remains. That he has been unable to attend to his
usual vocation and activities and that he has been obliged to expend and will
expend in the future, sums of money for medical aid and attention, all to his
damage in an amount that exceeds the jurisdictional limits of all lower courts.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF LUIS CABRERA VILLAGOMEZ
37. Plaintiff, LUIS CABRERA VILLAGOMEZ, repeats, reiterates and re-alleges
"1" "36"
each and every allegation contained in paragraphs through together
a,oms with the same force and effect as though same were more fully set forth at
P.C.
GORAYEB& ASSOCIATES,
100WILUAMSTREET length herein.
NEWYORK,NEWYORK10038
38. That on December 27, 2023, ADAMS, owned the property located 69 Adams
8 of 15
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Street, Brooklyn, New York 11201.
39. That on December 27, 2023, ADAMS, owned a building or structure located at
69 Adams Street, Brooklyn, New York 11201.
40. That on December 27, 2023, ADAMS operated a building or structure located
at 69 Adams Street, Brooklyn, New York 11201.
41. That on December 27, 2023, ADAMS, maintained a building or structure
located at 69 Adams Street, Brooklyn, New York 11201.
42. That on December 27, 2023, ADAMS, controlled and managed a building and
structure located at 69 Adams Street, Brooklyn, New York 11201.
43. That on or prior to December 27, 2023, ADAMS was hired and/or retained to
act as the general contractor and/or construction manager for the construction,
renovation, demolition, repair and/or alteration of premises located at 69
Adams Street, Brooklyn, New York 11201.
44. That on or prior to December 27, 2023, ADAMS, entered into an agreement
and contract by which ADAMS was to provide certain work, labor, services and
material as the general contractor and or construction manager with respect to
certain construction work, labor and services concerning the construction of the
premises located at 69 Adams Street, Brooklyn, New York 11201.
45. That on or prior to December 27, 2023, ADAMS entered into an agreement
and contract by which ADAMS was to provide certain work, labor, services and
material with respect to certain construction work, labor and services
concerning the construction of the premises located at 69 Adams Street,
Brooklyn, New York 11201.
46. That on or prior to December 27, 2023, ADAMS retained a contractor to
Law%Ss perform repair and/or alteration
construction, renovation, demolition, painting,
P.C.
GORAYEB& ASSOCIATES,
NEW O WYORK 0038 S &æd, & Myn, %w W± 11M1.
47. That on or prior to Decem
Preview
FILED: KINGS COUNTY CLERK 01/23/2024 04:00 PM INDEX NO. 502306/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------X Index No.: LUIS CABRERA VILLAGOMEZ SUMMONS Plaintiff, The basis of venue is: -against- Location of Accident Plaintiff designates KINGS GALAXY DEVELOPERS, LLC., AND 69 ADAMS, County as the place of trial. LLC. Location of Accident Defendants. 69 Adams Street ----------------------------------------------------X Brooklyn, New York 11201 To the above named 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 this summons, to serve a notice of appearance on the Plaintiffs attorney 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: New York, New York January 22, 2024 Yours, tc. CHRISTOP R J. GORAYEB GORAYEB/& ASSOCIATES, P.C. ' Attorney f Plaintiff LUIS CA ERA VILLAGOMEZ 100 Willi Street, Suite 1900 New York, New York 10038 267-9222/A12138 - LL/KO (212) Law Offices GORAYEB& ASSOCIATES,P.C. 100WILLIAMSTREET NEWYORK,NEWYORK10038 1 of 15 FILED: KINGS COUNTY CLERK 01/23/2024 04:00 PM INDEX NO. 502306/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 DEFENDANTS'ADDRESSES: GALAXY DEVELOPERS, LLC. 505 Flushing Avenue, Suite 1D Brooklyn, New York 11205 clo Secretary of State 69 ADAMS, LLC. 505 Flushing Avenue, Suite 1D Brooklyn, New York 11205 clo Secretary of State LawOffices P.C. GORAYEB& ASSOCIATES, 100WIWAM STREET NEWYORK,NEWYORK10038 2 of 15 FILED: KINGS COUNTY CLERK 01/23/2024 04:00 PM INDEX NO. 502306/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __._.________________________________Ç LUIS CABRERA VILLAGOMEZ VERIFIED COMPLAINT Plaintiff, Index No.: -against- GALAXY DEVELOPERS, LLC., AND 69 ADAMS, LLC. Defendants. ___________________________________Ç Plaintiff, LUIS CABRERA VILLAGOMEZ by his attorney, GORAYEB & ASSOCIATES, P.C., complaining of the defendants, respectfully alleges, upon information and belief, as follows: 1. That at all times hereinafter mentioned and prior thereto and on, or prior to December 27, 2023, plaintiff is and still a resident of the State of New York, County of Queens. 2. That this action falls within one or more of the exemptions set forth in CPLR §1602. 3. That at all times hereinafter mentioned, the defendant, GALAXY DEVELOPERS, LLC., (hereinafter "GALAXY"), was and still is a domestic corporation organized and existing under and by virtue of the Laws of the State of New York. 4. That at all times hereinafter mentioned, and upon information and belief, GALAXY, was and still is a foreign corporation authorized to do business under and by virtue of the Laws of the State of New York. P.C. GORAYEB& ASSOCIATES, toowiHAusÄReEr 5. That at all times hereinafter mentioned, the defendant, GALAXY was and still is NEWYORK,NEWYORK10038 a domestic limited liability organized and existing under and by virtue of the 3 of 15 FILED: KINGS COUNTY CLERK 01/23/2024 04:00 PM INDEX NO. 502306/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 Laws of the State of New York. 6. That at all times hereinafter mentioned, and upon information and belief, GALAXY, was and still is a foreign limited liability authorized to do business under and by virtue of the Laws of the State of New York. 7. That at all times hereinafter mentioned, GALAXY, was and still is a partnership organized and existing under and by virtue of the Laws of the State of New York. 8. That at all times hereinafter mentioned, and upon information and belief, GALAXY, maintained a principal place of business in Kings County, City and State of New York with its principal place of business at 505 Flushing Avenue, Suite 1D, Brooklyn, New York 11201. 9. That at all times hereinafter mentioned, the defendant, 69 ADAMS, LLC., (hereinafter "ADAMS"), was and still is a domestic corporation organized and existing under and by virtue of the Laws of the State of New York. 10. That at all times hereinafter mentioned, and upon information and belief, ADAMS, was and still is a foreign corporation authorized to do business under and by virtue of the Laws of the State of New York. 11. That at all times hereinafter mentioned, the defendant, ADAMS was and still is a domestic limited liability organized and existing under and by virtue of the Laws of the State of New York. 12. That at all times hereinafter mentioned, and upon information and belief, ADAMS, was and still is a foreign limited liability authorized to do business under and by virtue of the Laws of the State of New York. 13. That at all times hereinafter mentioned, ADAMS, was and still is a partnership La OMus Organized and under and virtue of the Laws of the State of New existing by P.C. GORAYEB& ASSOCIATES, 100WILUAMSTREET NEWYORK,NEWYORK10038 14. That at all times hereinafter mentioned, and upon information and belief, 4 of 15 FILED: KINGS COUNTY CLERK 01/23/2024 04:00 PM INDEX NO. 502306/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 ADAMS, maintained a principal place of business in Kings County, City and State of New York with its principal place of business at 505 Flushing Avenue, Suite 1D, Brooklyn, New York 11201. AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF LUIS CABRERA VILLAGOMEZ 15. Plaintiff, LUIS CABRERA VILLAGOMEZ, repeats, reiterates and re-alleges "1" "14" each and every allegation contained in paragraphs through together with the same force and effect as though same were more fully set forth at length herein. 16. That on December 27, 2023, GALAXY, owned the property located 69 Adams Street, Brooklyn, New York 11201. 17. That on December 27, 2023, GALAXY owned a building or structure located at 69 Adams Street, Brooklyn, New York 11201. 18. That on December 27, 2023, GALAXY operated a building or structure located at 69 Adams Street, Brooklyn, New York 11201. 19. That on December 27, 2023, GALAXY, maintained a building or structure located at 69 Adams Street, Brooklyn, New York 11201. 20. That on December 27, 2023, GALAXY, controlled and managed a building and structure focated at 69 Adams Street, Brooklyn, New York 11201. 21. That on or prior to December 27, 2023, GALAXY was hired and/or retained to act as the general contractor and/or construction manager for the construction, renovation, demolition, repair and/or alteration of premises located at 69 Adams Street, Brooklyn, New York 11201, 22, That on or prior to December 27, 2023, GALAXY, entered into an agreement ø,ome, and contract by which GALAXY was to provide certain work, labor, services P.C. GORAYEB& ASSOCIATES, 1 WIWAMSTREET and material as the general contractor and or construction manager with NEWYORK,NEWYORK10038 respect to certain construction work, labor and services concerning the 5 of 15 FILED: KINGS COUNTY CLERK 01/23/2024 04:00 PM INDEX NO. 502306/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 construction of the premises located at 69 Adams Street, Brooklyn, New York 11201. 23. That on or prior to December 27, 2023, GALAXY entered into an agreement and contract by which GALAXY was to provide certain work, labor, services and material with respect to certain construction work, labor and services concerning the construction of the premises located at 69 Adams Street, Brooklyn, New York 11201. 24. That on or prior to December 27, 2023, GALAXY retained a contractor to perform construction, renovation, demolition, painting, repair and/or alteration of 69 Adams Street, Brooklyn, New York 11201. 25. That on or prior to December 27, 2023, GALAXY retained COLGATE SCAFFOLDING CORP., (hereinafter "COLGATE") to provide work, labor and/or services at the premises located at 69 Adams Street, Brooklyn, New York 11201. 26. That at all times hereinafter mentioned, and on, or prior to December 27, 2023, COLGATE was hired and/or retained pursuant to a written contract and/or agreement. 27. That on or prior to December 27, 2023, the Defendant, its agents, servants and/or employees were engaged in performing construction work, labor and/or services upon the premises located at 69 Adams Street, Brooklyn, New York 11201. 28. That on December 27, 2023, construction, renovation, demolition, painting, repair and/or alterations were being performed at 69 Adams Street, Brooklyn, New York 11201. LawOkes 29. That on December plaintiff was engaged in the performance of 27, 2023, GORAYEB& ASSOCIATES, P.C. A constrUCtion, renovation, demolition, painting, repair and/or alterations at said o STO com premises. 6 of 15 FILED: KINGS COUNTY CLERK 01/23/2024 04:00 PM INDEX NO. 502306/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 30. That the Defendant, its agents, servants and/or employees had the duty to provide the Plaintiff with a safe place to work. 31. That the Defendant, its agents, servants and/or employees had the non-delegable duty to see that the work site was kept reasonably safe and free of dangers and hazards to those workers lawfully thereat. 32. That on December 27, 2023, while plaintiff LUIS CABRERA VILLAGOMEZ, was lawfully and carefully working at said premises, he was caused to be injured by reason of the negligence of the defendant, its agents, servants and/or employees in the ownership, operation, direction, supervision, possession, control, construction, repair, rehabilitation and/or alteration of the said premises sustaining the injuries hereinafter alleged. 33. That the defendant, its agents, servants and/or employees were negligent, reckless and careless in the ownership, operation, repair, control, possession, supervision, direction, construction, inspection, management, renovation, rehabilitation and/or alteration of the said premises in that they failed to provide the plaintiff with a safe place to work; failed to provide the plaintiff with a hazard-free work place; failed to provide the plaintiff with proper and approved safety devices so placed, fixed and/or secured so as to afford proper protection to the plaintiff working thereat; violated the applicable provisions of the Labor Law of the State of New York, the Industrial Code of the State of New York and the provisions of the Occupational Safety & Health Administration as they pertain to construction; in conducting the work of construction, reconstruction and/or renovation in a careless and reckless manner contrary to law, including, but not limited to, the Labor Law of the State of New York; in causing and/or LawMos the premises under construction to be and remain in a dangerous, permitting GORAYEB& ASSOCIATES, P,C, NEW O EWYORK 0038 improper and unlawful condition thereby causing injury to the plaintiff; in furnishing a work place which was operated, equipped, constructed, arranged 7 of 15 FILED: KINGS COUNTY CLERK 01/23/2024 04:00 PM INDEX NO. 502306/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 and maintained in a manner that was dangerous and hazardous; in failing to provide proper and essential tools and equipment properly guarded maintained and in good repair to persons lawfully employed at the work place; in failing to provide proper and essential protection and safeguards to persons lawfully employed and present on said premises, all in violation of applicable laws, statutes and ordinances and in utter disregard of the safety of workmen, including plaintiff, and being otherwise careless, reckless and negligent in the premises. 34. That the defendants, its agents, servants and/or employees had actual and/or constructive notice of the dangerous and defective conditions existing upon the work site. 35. That the accident and the injuries resulting therefrom were caused solely and wholly by reason of the negligence of the defendants, its agents, servants and/or employees without any fault, want of care or culpable conduct on the part of the plaintiff contributing thereto. 36. That by reason of the foregoing, the plaintiff has been rendered sick, sore, lame maimed and disabled and so remains. That he has been unable to attend to his usual vocation and activities and that he has been obliged to expend and will expend in the future, sums of money for medical aid and attention, all to his damage in an amount that exceeds the jurisdictional limits of all lower courts. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF LUIS CABRERA VILLAGOMEZ 37. Plaintiff, LUIS CABRERA VILLAGOMEZ, repeats, reiterates and re-alleges "1" "36" each and every allegation contained in paragraphs through together a,oms with the same force and effect as though same were more fully set forth at P.C. GORAYEB& ASSOCIATES, 100WILUAMSTREET length herein. NEWYORK,NEWYORK10038 38. That on December 27, 2023, ADAMS, owned the property located 69 Adams 8 of 15 FILED: KINGS COUNTY CLERK 01/23/2024 04:00 PM INDEX NO. 502306/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 Street, Brooklyn, New York 11201. 39. That on December 27, 2023, ADAMS, owned a building or structure located at 69 Adams Street, Brooklyn, New York 11201. 40. That on December 27, 2023, ADAMS operated a building or structure located at 69 Adams Street, Brooklyn, New York 11201. 41. That on December 27, 2023, ADAMS, maintained a building or structure located at 69 Adams Street, Brooklyn, New York 11201. 42. That on December 27, 2023, ADAMS, controlled and managed a building and structure located at 69 Adams Street, Brooklyn, New York 11201. 43. That on or prior to December 27, 2023, ADAMS was hired and/or retained to act as the general contractor and/or construction manager for the construction, renovation, demolition, repair and/or alteration of premises located at 69 Adams Street, Brooklyn, New York 11201. 44. That on or prior to December 27, 2023, ADAMS, entered into an agreement and contract by which ADAMS was to provide certain work, labor, services and material as the general contractor and or construction manager with respect to certain construction work, labor and services concerning the construction of the premises located at 69 Adams Street, Brooklyn, New York 11201. 45. That on or prior to December 27, 2023, ADAMS entered into an agreement and contract by which ADAMS was to provide certain work, labor, services and material with respect to certain construction work, labor and services concerning the construction of the premises located at 69 Adams Street, Brooklyn, New York 11201. 46. That on or prior to December 27, 2023, ADAMS retained a contractor to Law%Ss perform repair and/or alteration construction, renovation, demolition, painting, P.C. GORAYEB& ASSOCIATES, NEW O WYORK 0038 S &æd, & Myn, %w W± 11M1. 47. That on or prior to Decem