Preview
FILED: NASSAU COUNTY CLERK 12/07/2023 02:14 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/07/2023
Exhibit A
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
Index No.:
COUNTY OF NASSAU
______________________________________________________..--_________x
ROY RACHPAUL,
Plaintiff
SUMMONS
-against-
Plaintiff designates Nassau
County as the place of trial.
NEW YORK STATE URBAN DEVELOPMENT
CORPORATION d/b/a EMPIRE STATE . .
DEVELOPMENT· The basis of venue 1s:
Plaintiff's residence
NEW YORK ARENA PARTNERS, LLC.;
UBS ARENA D/B/A UBS ARENA FOUNDATION, INC.;
ti resides at
and ATHLETICA SPORTS SYSTEMS, INC.
Floral Park, NY 11001
Defendant(s)
County of Nassau
________________---_________________________________________________Ç
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 Plaintiff s 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: Brooklyn, NY
February 9, 2023
PATRICK F. BIS O, ESQ.
BISOGNO & EYERSON, LLP
Attorneys for Plaintiff
ROY RACHPAUL
7018 Fort Hamilton Parkway
Brooklyn, NY 11228
(718) 745-0880
Our File No. 05856/21
1 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
TO:
NEW YORK STATE URBAN DEVELOPMENT CORPORATION
d/b/a EMPIRE STATE DEVELOPMENT
633 Third Avenue, 37th Floor,
New York, NY 10017-6706
NEW YORK ARENA PARTNERS, LLC
28 LIBERTY STREET NEWYORK,
NEWYORK10005
UBS ARENA
2150 HEMPSTEAD TURNPIKE
ELMONT, NEWYORK 11003
UBS ARENA FOUNDATION, INC.
2150 HEMPSTEADTURNPIKE
ELMONT, NEWYORK11003
ATHLETICA SPORT SYSTEMS INC.
COGENCY GLOBAL INC.
122 EAST 42ND STREET, 18TH FLOOR,
NEW YORK, NY, UNITED STATES, 10168
2 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Index No.:
--______________________________________________-..____________-____Ç
ROY RACHPAUL,
Date Purchased:
Plaintiff,
VERIFIED COMPLAINT
-against-
NEW YORK STATE URBAN DEVELOPMENT
CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT;
NEW YORK ARENA PARTNERS, LL C.;
UBS ARENA D/B/A UBS ARENA FOUNDATION, INC.;
and ATHLETICA SPORTS SYSTEMS, INC.
Defendants.
_________________________________________---______________Ç
Plaintiff, by his attorneys, BISOGNO & MEYERSON, LLP, complaining of the
Defendants, respectfully alleges, upon information and belief, as follows:
1. That at the time of the commencement of this action, Plaintiff, ROY RACHPAUL,
resided in the County of Nassau, State of New York.
2. That the cause of action alleged herein arose in the County of Nassau and State of
New York.
3. That this action falls within one or more of the exceptions set forth in CPLR
§1602.
4. That on February 9, 2022, and at all times hereinafter mentioned, Defendant, NEW
YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT, was and still is a domestic corporation, duly organized and existing under and
by virtue of the laws of the State of New York.
3 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
5. That on February 9, 2022, and at all times hereinafter mentioned, Defendant, NEW
YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT, was and still is a foreign corporation authorized to do business in the State of
New York.
6. That on February 9, 2022, and at all times hereinafter mentioned, Defendant, NEW
YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT, maintained a principal place of business in the County of New York, located
at 633 Third Avenue, 37th Floor, state of New York, 10017-6706.
7. That on February 9, 2022 and at all times herein mentioned, Defendant, NEW
YORK ARENA PARTNERS, LLC., was and still is a domestic limited liability corporation duly
organized and existing under and by virtue of the laws of the State of New York.
8. That on February 9, 2022 and at all times herein mentioned, Defendant, NEW
YORK ARENA PARTNERS, LLC., was and still is a foreign limited liability corporation
authorized to do business in the State of New York.
9. That on February 9, 2022 and at all times herein mentioned, Defendant, NEW
YORK ARENA PARTNERS, LL C. maintained a principal place of business in the County of
Nassau, State of New York.
10. That on February 9, 2022 and at all times herein mentioned, the Defendant, UBS
ARENA D/B/A UBS ARENA FOUNDATION, INC. was and still is a domestic corporation,
duly organized and existing under and by virtue of the laws of the State of New York.
4 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
11. That on February 9, 2022 and at all times herein mentioned, the Defendant, UBS
ARENA D/B/A UBS ARENA FOUNDATION, INC. was and still is a foreign corporation duly
authorized to do business in the State of New York.
12. That on February 9, 2022 and at all times herein mentioned, the Defendant, UBS
ARENA D/B/A UBS ARENA FOUNDATION, INC. maintained a principal place of business
in the County of Nassau, State of New York.
13. That on February 9, 2022 and at all times herein mentioned, Defendant,
ATHLETICA SPORTS SYSTEMS, INC. was and still is a domestic corporation duly organized
and existing under and by virtue of the laws of the State of New York.
14. That on February 9, 2022 and at all times herein mentioned, Defendant,
ATHLETICA SPORTS SYSTEMS, INC., was and still is a foreign corporation authorized to
do business in the State of New York.
15. That on February 9, 2022 and at all times herein mentioned, Defendant,
ATHLETICA SPORTS SYSTEMS, INC., maintained a principal place of business in the
County of New York, State of New York.
16. That on February 9, 2022 and at all times herein mentioned, Defendant,
ATHLETICA SPORTS SYSTEMS, INC., advertised its services, products and/or business
within the State of New York.
17. That on February 9, 2022 and at all times herein mentioned, Defendant,
ATHLETICA SPORTS SYSTEMS, INC., sold its services, products and/or business within the
State of New York.
5 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
18. That on February 9, 2022 and at all times herein mentioned, Defendant,
ATHLETICA SPORTS SYSTEMS, INC., mentioned, contracted to supply goods or services
within the State of New York.
19. That Defendant, ATHLETICA SPORTS SYSTEMS, INC., committed a tortious
act within the State of New York.
20. That Defendant, ATHLETICA SPORTS SYSTEMS, INC., regularly does, or
solicits, business in the State of New York.
21. That Defendant, ATHLETICA SPORTS SYSTEMS, INC., received substantial
revenue from goods used or consumed, or services rendered, in the State of New York.
22. That on February 9, 2022 and at all times herein mentioned a building, premises
and/or structure existed known as 2150 Hempstead Turnpike, Elmont, New York 11003.
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF ROY RACHPAUL
23. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, owned the
aforementioned building.
24. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, owned the
aforementioned premises and/or structure.
25. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, through its
servants, agents and/or employees, operated the aforesaid building, premises and/or structure.
6 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
26. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, through its
servants, agents and/or employees, controlled the aforesaid building, premises and/or structure.
27. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, through its
servants, agents and/or employees, managed and/or maintained the afonsaid building, premises
and/or structure.
28. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, through its
servants, agents and/or employees, inspected the aforesaid building, premises and/or structure.
29. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, through its
servants, agents and/or employees, repaired the aforesaid building, premises and/or structure
30. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT was the
lessor of the aforesaid building, premises and/or structure.
31. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT was the
lessee of the aforesaid building, premises and/or structure.
32. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., owned the aforementioned building.
7 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
33. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS,LLC.,ownedtheaforementionedpremises.
34. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS,LLC.,ownedtheaforementionedstructure.
35. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., through its servants, agents and/or employees, operated the aforesaid
building,premisesand/orstructure.
36. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., through its servants, agents and/or employees, controlled the aforesaid
building,premisesand/orstructure.
37. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., through its servants, agents and/or employees, managed the aforesaid
building,premisesand/orstructure.
38. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., through its servants, agents and/or employees, maintained the aforesaid
building,premisesand/orstructure.
39. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., through its servants, agents and/or employees, inspected the aforesaid
building,premisesand/orstructure.
40. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., through its servants, agents and/or employees, repaired the aforesaid
building,premisesand/orstructure.
8 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
41. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., was the lessor of the aforesaid building, premises and/or structure.
42. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., was the lessee of the aforesaid building, premises and/or structure.
43. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., owned the aforementioned building.
44. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., owned the aforementioned premises.
45. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., owned the aforementioned structure.
46. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., through its servants, agents and/or employees, operated the aforesaid
building, premises and/or structure.
47. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., through its servants, agents and/or employees, controlled the aforesaid
building, premises and/or structure.
48. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., through its servants, agents and/or employees, managed the aforesaid
building, premises and/or structure.
49. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., through its servants, agents and/or employees, maintained the aforesaid
building, premises and/or structure.
9 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
50. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., through its servants, agents and/or employees, inspected the aforesaid
building, premises and/or structure.
51. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., through its servants, agents and/or employees, repaired the aforesaid
building, premises and/or structure.
52. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., was the lessor of the aforesaid building, premises and/or structure.
53. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., was the lessee of the aforesaid building, premises and/or structure.
54. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT, hi ed
and/or retained NEW YORK ARENA PARTNERS, LLC., to perform maintenance,
construction work, labor and/or services upon the building, premises and/or structure known as
2150 Hempstead Turnpike, Elmont, New York 11003.
55. That at all times herein mentioned, Defendant NEW YORK STATE URBAN
DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT entered
into an agreement and contract with Defendant NEW YORK ARENA PARTNERS, LLC., by
which the latter was to provide certain work, labor, services and material to the former as the
general contractor with respect to certain maintenance, construction work, labor and services with
respect to the premises known as 2150 Hempstead Turnpike, Elmont, New York 11003.
10 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
56. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN
DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT, hired
and/or retained UBS ARENA D/B/A UBS ARENA F OUNDATION, INC., to perform
maintenance, construction work, labor and/or services upon the building, premises and/or structure
known as 2150 Hempstead Turnpike, Elmont, New York 11003.
57. That at all times herein mentioned, Defendant NEW YORK STATE URBAN
DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT entered
into an agreement and contract with Defendant UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC, by which the latter was to provide certain work, labor, services and
material to the former as the general contractor with respect to certain maintenance, construction
work, labor and services with respect to the premises known as 2150 Hempstead Turnpike, Elmont,
New York 11003.
58. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., hired and/or retained UBS ARENA D/B/A UBS ARENA FOUNDATION,
INC., to perform maintenance, construction work, labor and/or services upon the building,
premises and/or structure known as 2150 Hempstead Turnpike, Elmont, New York 11003.
59. That at all times herein mentioned, Defendant NEW YORK ARENA
PARTNERS, LLC., entered into an agreement and contract with Defendant UBS ARENA D/B/A
UBS ARENA FOUNDATION, INC, by which the latter was to provide certain work, labor,
services and material to the former as the general contractor with respect to certain maintenance,
construction work, labor and services with respect to the premises known as 2150 Hempstead
Turnpike, Elmont, New York 11003.
11 of 31
FILED: NASSAU COUNTY CLERK 12/07/2023
02/10/2023 02:14
02:32 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 27
1 RECEIVED NYSCEF: 12/07/2023
02/10/2023
60. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA
FOUNDATION., hired and/or retained NEW YORK ARENA PARTNERS, LLC to perform
maintenance, construction work, labor and/or services upon the building, premises and/or structure
known as 2150 Hempstead Turnpike, Elmont, New York 11003.
61. That at all times herein mentioned, Defendant UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC., entered into an agreement and contract with NEW YORK ARENA
PARTNERS, LLC., by which the latter was to provide certain work, labor, services and material
to the former as the general contractor with respect to certain maintenance, construction work,
labor and services with respect to the premises known as 2150 Hempstead Turnpike, Elmont, New
York 11003.
62. That at all times herein mentioned, Defendant, NEW YORK ARENA
PARTNERS, LLC., hired and/or retained OVG BELMONT FACILITIES, LLC.to perform
maintenance, construction work, labor and/or services upon the building, premises and/or structur
Preview
FILED: NASSAU COUNTY CLERK 12/07/2023 02:14 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/07/2023 Exhibit A FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU ______________________________________________________..--_________x ROY RACHPAUL, Plaintiff SUMMONS -against- Plaintiff designates Nassau County as the place of trial. NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE . . DEVELOPMENT· The basis of venue 1s: Plaintiff's residence NEW YORK ARENA PARTNERS, LLC.; UBS ARENA D/B/A UBS ARENA FOUNDATION, INC.; ti resides at and ATHLETICA SPORTS SYSTEMS, INC. Floral Park, NY 11001 Defendant(s) County of Nassau ________________---_________________________________________________Ç 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 Plaintiff s 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: Brooklyn, NY February 9, 2023 PATRICK F. BIS O, ESQ. BISOGNO & EYERSON, LLP Attorneys for Plaintiff ROY RACHPAUL 7018 Fort Hamilton Parkway Brooklyn, NY 11228 (718) 745-0880 Our File No. 05856/21 1 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 TO: NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT 633 Third Avenue, 37th Floor, New York, NY 10017-6706 NEW YORK ARENA PARTNERS, LLC 28 LIBERTY STREET NEWYORK, NEWYORK10005 UBS ARENA 2150 HEMPSTEAD TURNPIKE ELMONT, NEWYORK 11003 UBS ARENA FOUNDATION, INC. 2150 HEMPSTEADTURNPIKE ELMONT, NEWYORK11003 ATHLETICA SPORT SYSTEMS INC. COGENCY GLOBAL INC. 122 EAST 42ND STREET, 18TH FLOOR, NEW YORK, NY, UNITED STATES, 10168 2 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No.: --______________________________________________-..____________-____Ç ROY RACHPAUL, Date Purchased: Plaintiff, VERIFIED COMPLAINT -against- NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT; NEW YORK ARENA PARTNERS, LL C.; UBS ARENA D/B/A UBS ARENA FOUNDATION, INC.; and ATHLETICA SPORTS SYSTEMS, INC. Defendants. _________________________________________---______________Ç Plaintiff, by his attorneys, BISOGNO & MEYERSON, LLP, complaining of the Defendants, respectfully alleges, upon information and belief, as follows: 1. That at the time of the commencement of this action, Plaintiff, ROY RACHPAUL, resided in the County of Nassau, State of New York. 2. That the cause of action alleged herein arose in the County of Nassau and State of New York. 3. That this action falls within one or more of the exceptions set forth in CPLR §1602. 4. That on February 9, 2022, and at all times hereinafter mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, was and still is a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New York. 3 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 5. That on February 9, 2022, and at all times hereinafter mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, was and still is a foreign corporation authorized to do business in the State of New York. 6. That on February 9, 2022, and at all times hereinafter mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, maintained a principal place of business in the County of New York, located at 633 Third Avenue, 37th Floor, state of New York, 10017-6706. 7. That on February 9, 2022 and at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., was and still is a domestic limited liability corporation duly organized and existing under and by virtue of the laws of the State of New York. 8. That on February 9, 2022 and at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., was and still is a foreign limited liability corporation authorized to do business in the State of New York. 9. That on February 9, 2022 and at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LL C. maintained a principal place of business in the County of Nassau, State of New York. 10. That on February 9, 2022 and at all times herein mentioned, the Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC. was and still is a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New York. 4 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 11. That on February 9, 2022 and at all times herein mentioned, the Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC. was and still is a foreign corporation duly authorized to do business in the State of New York. 12. That on February 9, 2022 and at all times herein mentioned, the Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC. maintained a principal place of business in the County of Nassau, State of New York. 13. That on February 9, 2022 and at all times herein mentioned, Defendant, ATHLETICA SPORTS SYSTEMS, INC. was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 14. That on February 9, 2022 and at all times herein mentioned, Defendant, ATHLETICA SPORTS SYSTEMS, INC., was and still is a foreign corporation authorized to do business in the State of New York. 15. That on February 9, 2022 and at all times herein mentioned, Defendant, ATHLETICA SPORTS SYSTEMS, INC., maintained a principal place of business in the County of New York, State of New York. 16. That on February 9, 2022 and at all times herein mentioned, Defendant, ATHLETICA SPORTS SYSTEMS, INC., advertised its services, products and/or business within the State of New York. 17. That on February 9, 2022 and at all times herein mentioned, Defendant, ATHLETICA SPORTS SYSTEMS, INC., sold its services, products and/or business within the State of New York. 5 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 18. That on February 9, 2022 and at all times herein mentioned, Defendant, ATHLETICA SPORTS SYSTEMS, INC., mentioned, contracted to supply goods or services within the State of New York. 19. That Defendant, ATHLETICA SPORTS SYSTEMS, INC., committed a tortious act within the State of New York. 20. That Defendant, ATHLETICA SPORTS SYSTEMS, INC., regularly does, or solicits, business in the State of New York. 21. That Defendant, ATHLETICA SPORTS SYSTEMS, INC., received substantial revenue from goods used or consumed, or services rendered, in the State of New York. 22. That on February 9, 2022 and at all times herein mentioned a building, premises and/or structure existed known as 2150 Hempstead Turnpike, Elmont, New York 11003. AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF ROY RACHPAUL 23. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, owned the aforementioned building. 24. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, owned the aforementioned premises and/or structure. 25. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, through its servants, agents and/or employees, operated the aforesaid building, premises and/or structure. 6 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 26. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, through its servants, agents and/or employees, controlled the aforesaid building, premises and/or structure. 27. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, through its servants, agents and/or employees, managed and/or maintained the afonsaid building, premises and/or structure. 28. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, through its servants, agents and/or employees, inspected the aforesaid building, premises and/or structure. 29. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT, through its servants, agents and/or employees, repaired the aforesaid building, premises and/or structure 30. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT was the lessor of the aforesaid building, premises and/or structure. 31. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT was the lessee of the aforesaid building, premises and/or structure. 32. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., owned the aforementioned building. 7 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 33. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS,LLC.,ownedtheaforementionedpremises. 34. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS,LLC.,ownedtheaforementionedstructure. 35. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., through its servants, agents and/or employees, operated the aforesaid building,premisesand/orstructure. 36. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., through its servants, agents and/or employees, controlled the aforesaid building,premisesand/orstructure. 37. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., through its servants, agents and/or employees, managed the aforesaid building,premisesand/orstructure. 38. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., through its servants, agents and/or employees, maintained the aforesaid building,premisesand/orstructure. 39. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., through its servants, agents and/or employees, inspected the aforesaid building,premisesand/orstructure. 40. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., through its servants, agents and/or employees, repaired the aforesaid building,premisesand/orstructure. 8 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 41. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., was the lessor of the aforesaid building, premises and/or structure. 42. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., was the lessee of the aforesaid building, premises and/or structure. 43. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., owned the aforementioned building. 44. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., owned the aforementioned premises. 45. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., owned the aforementioned structure. 46. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., through its servants, agents and/or employees, operated the aforesaid building, premises and/or structure. 47. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., through its servants, agents and/or employees, controlled the aforesaid building, premises and/or structure. 48. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., through its servants, agents and/or employees, managed the aforesaid building, premises and/or structure. 49. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., through its servants, agents and/or employees, maintained the aforesaid building, premises and/or structure. 9 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 50. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., through its servants, agents and/or employees, inspected the aforesaid building, premises and/or structure. 51. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., through its servants, agents and/or employees, repaired the aforesaid building, premises and/or structure. 52. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., was the lessor of the aforesaid building, premises and/or structure. 53. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., was the lessee of the aforesaid building, premises and/or structure. 54. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT, hi ed and/or retained NEW YORK ARENA PARTNERS, LLC., to perform maintenance, construction work, labor and/or services upon the building, premises and/or structure known as 2150 Hempstead Turnpike, Elmont, New York 11003. 55. That at all times herein mentioned, Defendant NEW YORK STATE URBAN DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT entered into an agreement and contract with Defendant NEW YORK ARENA PARTNERS, LLC., by which the latter was to provide certain work, labor, services and material to the former as the general contractor with respect to certain maintenance, construction work, labor and services with respect to the premises known as 2150 Hempstead Turnpike, Elmont, New York 11003. 10 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 56. That at all times herein mentioned, Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT, hired and/or retained UBS ARENA D/B/A UBS ARENA F OUNDATION, INC., to perform maintenance, construction work, labor and/or services upon the building, premises and/or structure known as 2150 Hempstead Turnpike, Elmont, New York 11003. 57. That at all times herein mentioned, Defendant NEW YORK STATE URBAN DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT entered into an agreement and contract with Defendant UBS ARENA D/B/A UBS ARENA FOUNDATION, INC, by which the latter was to provide certain work, labor, services and material to the former as the general contractor with respect to certain maintenance, construction work, labor and services with respect to the premises known as 2150 Hempstead Turnpike, Elmont, New York 11003. 58. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., hired and/or retained UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., to perform maintenance, construction work, labor and/or services upon the building, premises and/or structure known as 2150 Hempstead Turnpike, Elmont, New York 11003. 59. That at all times herein mentioned, Defendant NEW YORK ARENA PARTNERS, LLC., entered into an agreement and contract with Defendant UBS ARENA D/B/A UBS ARENA FOUNDATION, INC, by which the latter was to provide certain work, labor, services and material to the former as the general contractor with respect to certain maintenance, construction work, labor and services with respect to the premises known as 2150 Hempstead Turnpike, Elmont, New York 11003. 11 of 31 FILED: NASSAU COUNTY CLERK 12/07/2023 02/10/2023 02:14 02:32 PM INDEX NO. 602495/2023 NYSCEF DOC. NO. 27 1 RECEIVED NYSCEF: 12/07/2023 02/10/2023 60. That at all times herein mentioned, Defendant, UBS ARENA D/B/A UBS ARENA FOUNDATION., hired and/or retained NEW YORK ARENA PARTNERS, LLC to perform maintenance, construction work, labor and/or services upon the building, premises and/or structure known as 2150 Hempstead Turnpike, Elmont, New York 11003. 61. That at all times herein mentioned, Defendant UBS ARENA D/B/A UBS ARENA FOUNDATION, INC., entered into an agreement and contract with NEW YORK ARENA PARTNERS, LLC., by which the latter was to provide certain work, labor, services and material to the former as the general contractor with respect to certain maintenance, construction work, labor and services with respect to the premises known as 2150 Hempstead Turnpike, Elmont, New York 11003. 62. That at all times herein mentioned, Defendant, NEW YORK ARENA PARTNERS, LLC., hired and/or retained OVG BELMONT FACILITIES, LLC.to perform maintenance, construction work, labor and/or services upon the building, premises and/or structur