Preview
FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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FELIP SERRANO, DAYKA GOMEZ; M.L. an infant
by her mother and natural guardian DAYKA GOMEZ; Index No.:
CHARLEY MINAYA; YORIELY FIGUEROA; Date Filed:
CLARY DOTEL; VALERY DOTEL CALDERON;
FRANCISCA REYES; JEAN GOMEZ; and
ANGELICA GOMEZ; SUMMONS
Plaintiff(s),
-against-
BRONX PHASE III HOUSING COMPANY, INC.,
BRONX PARK PHASE III PRESERVATION, LLC,
LIHC INVESTMENT GROUP, LIHC ACQUISITION
COMPANY, LLC, BP 3 MM LLC, BP MM
HOLDINGS LLC, BELVERON REAL ESTATE
PARTNERS, LLC, BELVERON PARTNERS FUND V
JV, LLC, BELVERON PARTNERS FUND V
VENTURE LP, BELVERON PARTNERS FUND V
LP, BELVERON NY PRESERVATION, LLC, CPG
BP, LLC, CAMBER PROPERTY GROUP LLC,
RELIANT REALTY SERVICES, LLC, MADISON
SECURITY GROUP, INC., WEBSTER LOCK &
HARDWARE CO. INC., VANWELL ELECTRONICS,
INC., MIRCOM TECHNOLOGIES, INC, COMFORT
ZONE, WORLD & MAIN, L.L.C.,H2 BRANDS
GROUP p/d/b/a WORLD & MAIN, LLC., CAL-
ROYAL PRODUCTS, INC., MAXTECH AMERICA,
INC., RELIANT SAFETY, LLC, DOOR DEPOT &
HARDWARE, LLC, HOME DEPOT U.S.A., INC.,
HONEYWELL INTERNATIONAL, INC. and OMNI
NEW YORK LLC,
Defendant(s).
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To The Above Named Defendant(s):
You are hereby summoned to answer the complaint in this action, and to
serve a copy of your answer, or if the complaint is not served with this summons, to serve
a notice of appearance on the plaintiff’s attorney(s) within twenty days after the services
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of this summons exclusive of the day of service, where service is made by delivery upon
you personally within the state, or within thirty 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.
The basis of venue is PLACE OF INCIDENT, 333 East 181th Street, Bronx, NY
Plaintiffs reside at 333 East 181st Street, Bronx, NY
Dated: New York, New York
February 1, 2024
Yours, etc.,
Robert Vilensky
Robert Vilensky
RONEMUS & VILENSKY
Attorneys for Plaintiff(s)
112 Madison Avenue, 2nd floor
New York, New York 10016
(212) 779-7070
BRONX PHASE III HOUSING COMPANY, INC.
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
C/O NYC Partnership Housing Development Fund Company Inc., 575 West 36th Street,
3rd Floor, NY, NY 10018
C/O NYC PARTNERSHIP, 242 West 36th Street, 3rd Floor, NY, NY 10018
BRONX PARK PHASE III PRESERVATION, L.L.C.
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
C/O Camber Property Group, LLC, 419 Park Avenue, Suite 401, NY, NY 10016
C/O Camber Property Group, LLC, 116 East 27th Street, 11th Floor, NY, NY 10016
LIHC INVESTMENT GROUP
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
One Portland Square, Suite 6-A, Portland, Me, 04101
NYC Offices, 41 Madison Avenue, 31st Floor, NY, NY 10010
LIHC ACQUISITION COMPANY, L.L.C.
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
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One Portland Square, Suite 6-A, Portland, Me, 04101
BELVERON PARTNERS FUND V JV, L.L.C.
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
268 Bush Street, #3534, San Francisco, CA 94104
Registered agent - CSC Lawyers- 2710 Gateway Oaks Drive, Ste 150N, Sacramento, CA
95833
BELVERON PARTNERS FUND V VENTURE LP
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
268 Bush Street, #3534, San Francisco, CA 64104
43 West 24th Street, Suite 1201, NY, NY 10010
BELVERON PARTNERS FUND V LP
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
268 Bush Street, #3534, San Francisco, CA 64104
43 West 24th Street, Suite 1201, NY, NY 10010
BELVERON REAL ESTATE PARTNERS, L.L.C., D/B/A BELVERON PARTNERS
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
268 Bush Street, #3534, San Francisco, CA 64104
43 West 24th Street, Suite 1201, NY, NY 10010
BELVERON NY PRESERVATION, L.L.C.
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
268 Bush Street, #3534, San Francisco, CA 64104
43 West 24th Street, Suite 1201, NY, NY 10010
BP MM HOLDINGS, L.L.C.
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
C/O Corporation Service Company, 80 State Street, Albany, New York 12207-2543
BP 3 MM LLC
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
C/O Corporation Service Company, 80 State Street, Albany, New York 12207-2543
CAMBER PROPERTY GROUP, L.L.C.
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
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419 Park Avenue, Suite 401, NY, NY 10016
116 East 27th Street, 11th Floor, NY, NY 10016
c/o Corporation Service Company, 80 State Street, Albany, New York 12207
CPG BP, L.L.C.
Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER,
LLP.
419 Park Avenue, Suite 401, NY, NY 10016
RELIANT REALTY SERVICES, L.L.C.;
Serve Via NYSCEF and Email to GARTNER + BLOOM
885 2nd Avenue, 31st Floor, NY, NY 10017
Registered agent: c/o Omni New York LLC, 909 Third Avenue, 21st Floor, NY, NY
10022
MADISON SECURITY GROUP, INC.
Serve HURWITZ FINE, P.C., Via Email and NYSCEF
28 Valley Road, Lowell, MA 01852
WEBSTER LOCK & HARDWARE CO., INC.
Serve Via NYSCEF and Email on GALLO VITUCCI KLAR LLP
2471 Webster Avenue, Bronx, New York
VANWELL ELECTRONICS INC.
Serve Via NYSCEF and Email on WILSON, ELSER, MOSKOWITZ, EDELMAN &
DICKER LLP
320 Essex Street, Ste 3, Stirling, NJ 07980
COMFORT ZONE
Serve Via NYSCEF and Email on CULLEN & DYKMAN LLP
Serve Via NYSCEF and Email on PIETRAGALLO, GORDON, ALFANO, BOSICK &
RASPANTI, LLP
WORLD & MAIN, L.L.C.
324 A Half Acre Road, Cranbury, New Jersey 08512
H2 BRANDS p/d/b/a WORLD & MAIN
Serve Via NYSCEF and Email on CULLEN & DYKMAN LLP
Serve Via NYSCEF and Email on PIETRAGALLO, GORDON, ALFANO, BOSICK &
RASPANTI, LLP
324 A Half Acre Road, Cranbury, New Jersey 08512
HOME DEPOT U.S.A., INC.
Serve via NYSCEF and Email on Parsky & Galloway LLC
3455 Paces Ferry Road, N.W., Building C-20, Atlanta, GA 30339
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HONEYWELL INTERNATIONAL, INC.
Serve Secretary of State
Serve also at 855 S. Mint Street Charlotte, North Carolina 28202
855 S. Mint Street, Charlotte, North Carolina 28202
MIRCOM TECHNOLOGIES, LTD
Serve via NYSCEF and Email on Gerber Ciano Kelly Brady, LLP
98 Commerce Road, Cedar Grove, New Jersey 07009
DOOR DEPOT & HARDWARE, LLC
Serve Secretary of State
Serve also the Law Offices of Steven Cohen, LLC, 540 East 180th Street, Suite 203,
Bronx, New York 10457
Serve also at 1869 Bathgate Ave., Bronx, New York 10457
CAL-ROYAL PRODUCTS, INC. [Via Secretary of State of the State of California]
Serve California Secretary of State
Serve also Bruce Waldman, 8665 Wilshire Blvd. # 206, Beverly Hills, CA 90211
MAXTECH AMERICA, INC.
Serve Secretary of State
Serve also Xiaoming Li, 15 North Drive, Whitestone, New York 11357
Serve also 338 Maujer St. Brooklyn, New York 11206
RELIANT SAFETY, LLC
Serve Secretary of State
Serve also at 909 3rd Avenue, 21st Floor, New York, New York 10022
Serve also at 885 Second Avenue, 31st Floor, New York, New York 10017
OMNI NEW YORK LLC
Serve Secretary of State
Serve also at: 909 Third Avenue, 21st Floor, New York, New York 10022
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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FELIP SERRANO, DAYKA GOMEZ; M.L. an infant by
her mother and natural guardian DAYKA GOMEZ; Index No.:
CHARLEY MINAYA; YORIELY FIGUEROA; CLARY Date Filed:
DOTEL; VALERY DOTEL CALDERON; FRANCISCA
REYES; JEAN GOMEZ; and ANGELICA GOMEZ;
Plaintiff(s),
VERIFIED
-against- COMPLAINT
BRONX PHASE III HOUSING COMPANY, INC.,
BRONX PARK PHASE III PRESERVATION, LLC,
LIHC INVESTMENT GROUP, LIHC ACQUISITION
COMPANY, LLC, BP 3 MM LLC, BP MM HOLDINGS
LLC, BELVERON REAL ESTATE PARTNERS, LLC,
BELVERON PARTNERS FUND V JV, LLC,
BELVERON PARTNERS FUND V VENTURE LP,
BELVERON PARTNERS FUND V LP, BELVERON NY
PRESERVATION, LLC, CPG BP, LLC, CAMBER
PROPERTY GROUP LLC, RELIANT REALTY
SERVICES, LLC, MADISON SECURITY GROUP, INC.,
WEBSTER LOCK & HARDWARE CO. INC.,
VANWELL ELECTRONICS, INC., MIRCOM
TECHNOLOGIES, INC, COMFORT ZONE, WORLD &
MAIN, L.L.C., H2 BRANDS GROUP p/d/b/a WORLD &
MAIN, LLC., CAL-ROYAL PRODUCTS, INC.,
MAXTECH AMERICA, INC., RELIANT SAFETY, LLC,
DOOR DEPOT & HARDWARE, LLC, HOME DEPOT
U.S.A., INC., HONEYWELL INTERNATIONAL, INC.
and OMNI NEW YORK LLC,
Defendant(s).
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Plaintiffs, by their attorneys RONEMUS & VILENSKY, LLP, complaining of the
defendants, BRONX PHASE III HOUSING COMPANY, INC., BRONX PARK PHASE
III PRESERVATION, LLC, LIHC INVESTMENT GROUP, LIHC ACQUISITION
COMPANY, LLC, BP 3 MM LLC, BP MM HOLDINGS LLC, BELVERON REAL
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ESTATE PARTNERS, LLC, BELVERON PARTNERS FUND V JV, LLC,
BELVERON PARTNERS FUND V VENTURE LP, BELVERON PARTNERS FUND
V LP, BELVERON NY PRESERVATION, LLC, CPG BP, LLC, CAMBER
PROPERTY GROUP LLC, RELIANT REALTY SERVICES, LLC, MADISON
SECURITY GROUP, INC., WEBSTER LOCK & HARDWARE CO. INC., VANWELL
ELECTRONICS, INC., MIRCOM TECHNOLOGIES, INC, COMFORT ZONE,
WORLD & MAIN, L.L.C., H2 BRANDS GROUP p/d/b/a WORLD & MAIN, LLC.,
CAL-ROYAL PRODUCTS, INC., MAXTECH AMERICA, INC., RELIANT SAFETY,
LLC, DOOR DEPOT & HARDWARE, LLC, HOME DEPOT U.S.A., INC.,
HONEYWELL INTERNATIONAL, INC. and OMNI NEW YORK LLC, hereby allege
the following under penalties of perjury and upon information and belief;
GENERAL ALLEGATIONS
1. At all times mentioned herein, Plaintiff, FELIP SERRANO, was and still
is a resident of the State of New York.
2. At all times mentioned herein, Plaintiff, DAYKA GOMEZ, was and still is
a resident of the State of New York.
3. At all times mentioned herein, Plaintiff, M.L. an infant by her mother and
natural guardian DAYKA GOMEZ, was and still is a resident of the State of New York.
4. At all times mentioned herein, Plaintiff, CHARLEY MINAYA, was and
still is a resident of the State of New York.
5. At all times mentioned herein, Plaintiff, YORIELY FIGUEROA, was and
still is a resident of the State of New York.
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6. At all times mentioned herein, Plaintiff, CLARY DOTEL, was and still is
a resident of the State of New York.
7. At all times motioned herein, Plaintiff, VALERY DOTEL CALDERON,
was and still is a resident of the State of New York.
8. At all times mentioned herein, Plaintiff, FRANCISCA REYES, was and
still is a resident of the State of New York.
9. At all times mentioned herein, Plaintiff, JEAN GOMEZ, was and still is a
resident of the State of New York.
10. At all times mentioned herein, Plaintiff, ANGELICA GOMEZ, was and
still is a resident of the State of New York.
11. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, BRONX PHASE III HOUSING COMPANY, INC., (hereinafter
BRONX PHASE HOUSING) was a domestic business entity, duly formed and existing
pursuant to New York state laws.
12. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, BRONX PARK PHASE III PRESERVATION, L.L.C,
(hereinafter BRONX PARK PRESERVATION) was a domestic business entity, duly
formed and existing pursuant to New York state laws.
13. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, LIHC INVESTMENT GROUP, (hereinafter LIHC
INVESTMENT) was a foreign business entity, duly formed and existing pursuant to the
laws of the State of Maine.
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14. Upon information and belief, LIHC INVESTMENT, transacted business
in the State of New York.
15. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, LIHC ACQUISITION, (hereinafter LIHC ACQUISITION) was a
foreign business entity, duly formed and existing pursuant to the laws of the State of
Maine.
16. Upon information and belief, LIHC ACQUISITION, transacted business
in the State of New York.
17. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant BELVERON REAL ESTATE PARTNERS, LLC (hereinafter
BELVERON RE PARTNERS) was a foreign business entity, duly formed and existing
pursuant to the laws of the State of California.
18. Upon information and belief, defendant, BELVERON RE PARTNERS,
transacted business in the State of New York.
19. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant BELVERON NY PRESERVATION, L.L.C. (hereinafter
BELVERON NY) was a foreign business entity, duly formed and existing pursuant to the
laws of the State of California.
20. Upon information and belief, defendant, BELVERON NY, transacted
business in the State of New York.
21. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant BELVERON PARTNERS FUND V JV, L.L.C., (hereinafter
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BELVERON FUND) was a foreign business entity, duly formed and existing pursuant to
the laws of the State of California.
22. Upon information and belief, defendant, BELVERON FUND, transacted
business in the State of New York.
23. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant BELVERON PARTNERS FUND V VENTURE LP (BELVERON
VENTURE) was a foreign business entity duly formed and existing pursuant to the laws
of the State of California.
24. Upon information and belief, defendant BELVERON VENTURE
transacted business in the State of New York.
25. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant BELVERON PARTNERS FUND V LP (BELVERON PFV) was a
foreign business entity duly formed and existing pursuant to the laws of the State of
California.
26. Upon information and belief, defendant BELVERON PFV transacted
business in the State of New York.
27. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant BP 3MM LLC was a domestic business entity, duly formed and
existing pursuant to New York State laws.
28. Upon information and belief, on January 9, 2022 and at all times herein
mentioned, defendant, BP MM HOLDINGS, L.L.C., (hereinafter BP MM HOLDINGS)
was a domestic business entity, duly formed and existing pursuant to New York State
laws.
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29. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, CAMBER PROPERTY GROUP, L.L.C., (hereinafter CAMBER)
was a domestic business entity, duly formed and existing pursuant to New York state
laws.
30. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, CPG BP, L.L.C., (hereinafter CPG) was a domestic business
entity, duly formed and existing pursuant to New York state laws.
31. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, RELIANT REALTY SERVICES, L.L.C., (hereinafter RELIANT)
was a domestic business entity, duly formed and existing pursuant to New York state
laws.
32. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, MADISON SECURITY GROUP, INC., (hereinafter MADISON)
was a foreign business entity, duly formed and existing pursuant to Massachusetts state
laws.
33. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, MADISON transacted business in the State of New York.
34. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, WEBSTER LOCK & HARDWARE CO., INC. (hereinafter
WEBSTER) was a domestic business entity, duly formed and existing pursuant to New
York state law.
35. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant VANWELL ELECTRONICS, L.L.C. (hereinafter VANWELL)
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was a foreign business entity, duly formed and existing pursuant to New Jersey state
laws.
36. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant VANWELL, transacted business in the State of New York.
37. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, HONEYWELL INTERNATIONAL INC., (hereinafter
HONEYWELL) was a foreign business entity, duly formed and existing pursuant to
Delaware state law.
38. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, HONEYWELL, transacted business in the State of New York.
39. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant MIRCOM TECHNOLOGIES, L.T.D., (hereinafter MIRCOM) was
a foreign business entity.
40. Upon information and belief, defendant MIRCOM transacted business in
the State of New York.
41. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, COMFORT ZONE, was a foreign business entity, duly formed
and existing pursuant to Delaware state law.
42. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, COMFORT ZONE, transacted business in the State of New York.
43. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, WORLD AND MAIN, L.L.C., (hereinafter WORLD AND
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MAIN) was a foreign business entity, duly formed and existing pursuant to Delaware
state law.
44. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, WORLD AND MAIN, transacted business in the State of New
York.
45. Upon information and belief, on January 9, 2022 and at all times herein
mentioned, defendant, H2 BRANDS GROUP p/d/b/a WORLD & MAIN, L.L.C.,
(hereinafter H2 ) was a foreign business entity, duly formed and existing pursuant to
Delaware state law.
46. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, H2, transacted business in the State of New York.
47. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, HOME DEPOT U.S.A., INC., (hereinafter HOME DEPOT) was a
foreign business entity, duly formed and existing pursuant to Delaware state law.
48. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant, HOME DEPOT, transacted business in the State of New York.
49. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant CAL-ROYAL PRODUCTS, INC., (hereinafter CAL-ROYAL) was
a foreign business entity, duly formed and existing pursuant to California state law.
50. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant CAL-ROYAL transacted business in the State of New York.
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51. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant MAXTECH AMERICA, INC., (hereinafter MAXTECH) was a
domestic business entity, duly formed and existing pursuant to New York state law.
52. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant RELIANT SAFETY, LLC, (hereinafter RELIANT SAFETY) was
a domestic business entity, duly formed and existing pursuant to New York state law.
53. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant DOOR DEPOT & HARDWARE, LLC, (hereinafter DOOR
DEPOT) was a domestic business entity, duly formed and existing pursuant to New York
state law.
54. Upon information and belief, on January 9, 2022, and at all times herein
mentioned, defendant OMNI NEW YORK LLC, (hereinafter OMNI) was a domestic
business entity, duly formed and existing pursuant to New York state law.
55. On and before January 9, 2022, defendant RELIANT was a wholly owned
subsidiary of defendant OMNI.
56. On and before January 9, 2022, defendant RELIANT SAFETY was a
wholly owned subsidiary of defendant OMNI.
57. On and before January 9, 2022, defendant RELIANT was a subsidiary of
defendant OMNI.
58. On and before January 9, 2022, defendant RELIANT SAFETY was a
subsidiary of defendant OMNI.
59. On and before January 9, 2022, Defendant OMNI was a parent company
of defendant RELIANT SAFETY.
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60. On and before January 9, 2022, Defendant OMNI was a parent company
of defendant RELIANT.
61. This court has jurisdiction over the subject matter of this action pursuant
to CLPR Section 901and the laws of the State of New York.
62. Venue is proper as the underlying incident occurred in Bronx County.
63. Each and every cause of action herein falls within one or more of the
exemptions set forth in CPLR §1602, including but not limited to, CPLR §1602 (2),
CPLR §1602 (5), CPLR §1602 (7) and CPLR §1602 (11).
64. That on January 9, 2022, and at all times herein mentioned, a premises
existed in the County of Bronx, City and State of New York with the address of 333 East
181st Street, Bronx, New York (herein referred to as the premises.)
65. That on January 9, 2022, the premises was a large apartment building
containing many individual apartments.
66. On January 9, 2022, a massive fire occurred at the premises.
67. That on January 9, 2022, a major fire occurred at the premises destroying
the building and damaging all the individual apartments contained herein.
68. That on January 9, 2022, an electric space heater in use in Apartment 3N
and/or on the third floor at the premises caused and/or contributed to the fire at the
premises.
69. That at all times herein mentioned, and prior thereto, each individual
apartment within the premises was equipped with a front “steel door”.
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70. That at all times herein mentioned and prior thereto, each individual
apartment withing the premises was equipped with a front door that was supposed to self-
close.
71. That at all times herein mentioned, and prior thereto, each “steel door”
within each individual apartment was affixed to the wall with a “steel hinge” and what is
known as a “return”.
72. At all times herein mentioned, and prior thereto, building stairwells were
equipped with self-closing “steel doors”.
73. At all times herein mentioned, the stairwell “steel doors” were equipped
with “steel hinges” and door “returns”.
74. That at all times herein mentioned, and prior thereto, defendants installed,
repaired, maintained and/or serviced the “steel doors”, “steel hinges” and “returns” at the
premises.
75. That at all times herein mentioned, and prior thereto, the said premises had
smoke detectors installed at the premises.
76. That at all times herein mentioned and prior thereto, the said premises
were equipped with a fire panel and/or fire alarm system.
77. At all times herein mentioned, and prior thereto, defendants installed,
repaired, maintained, and/or serviced the smoke detectors, fire panel and/or fire alarm
system.
78. That on January 9, 2022, and at all times herein mentioned, the premises
was owned by defendant, BRONX PHASE HOUSING.
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79. That on January 9, 2022, and at all times herein mentioned, the premises
were maintained by defendant, BRONX PHASE HOUSING.
80. That on January 9, 2022, and at all times herein mentioned, the premises
were controlled by defendant, BRONX PHASE HOUSING.
81. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, BRONX PHASE HOUSING.
82. That on January 9, 2022, and at all times herein mentioned, it was the duty
of defendant, BRONX PHASE HOUSING, to maintain the premises in a reasonably safe
condition.
83. That upon information and belief, defendant, BRONX PHASE
HOUSING, its servants, agents, and/or employees had actual notice of defective
conditions at the premises which caused the fire prior to January 9, 2022.
84. That on January 9, 2022, and at all times herein mentioned, the premises
was owned by defendant, BRONX PARK PRESERVATION.
85. That on January 9, 2022, and at all times herein mentioned, the premises
was maintained by defendant, BRONX PARK PRESERVATION.
86. That on January 9, 2022, and at all times herein mentioned, the premises
was controlled by defendant, BRONX PARK PRESERVATION.
87. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, BRONX PARK PRESERVATION.
88. That on January 9, 2022, and at all times herein mentioned, it was the duty
of defendant, BRONX PARK PRESERVATION, to maintain the premises in a
reasonably safe condition.
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89. That upon information and belief, defendant, BRONX PARK
PRESERVATION, its servants, agents, and/or employees had actual notice of defective
conditions at the premises which caused the fire prior to January 9, 2022.
90. That on January 9, 2022, and at all times herein mentioned, the premises
was owned by defendant, LIHC INVESTMENT.
91. That on January 9, 2022, and at all times herein mentioned, the premises
was maintained by defendant, LIHC INVESTMENT.
92. That on January 9, 2022, and at all times herein mentioned, the premises
was controlled by defendant, LIHC INVESTMENT.
93. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, LIHC INVESTMENT.
94. That on January 9, 2022, and at all times herein mentioned, it was the duty
of defendant, LIHC INVESTMENT, to maintain the premises in a reasonably safe
condition.
95. That upon information and belief, defendant, LIHC INVESTMENT, its
servants, agents, and/or employees had actual notice of defective conditions at the
premises which caused the fire prior to January 9, 2022.
96. That on January 9, 2022, and at all times herein mentioned, the premises
was owned by defendant, LIHC ACQUISITION.
97. That on January 9, 2022, and at all times herein mentioned, the premises
was maintained by defendant, LIHC ACQUISITION.
98. That on January 9, 2022, and at all times herein mentioned, the premises
was controlled by defendant, LIHC ACQUISITION.
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99. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, LIHC ACQUISITION.
100. That on January 9, 2022, and at all times herein mentioned, it was the duty
of defendant, LIHC ACQUISITION, to maintain the premises in a reasonably safe
condition.
101. That upon information and belief, defendant, LIHC ACQUISITION, its
servants, agents, and/or employees had actual notice of defective conditions at the
premises which caused the fire prior to January 9, 2022.
102. That on January 9, 2022, and at all times herein mentioned, the premises
was owned by defendant, BELVERON RE PARTNERS.
103. That on January 9, 2022, and at all times herein mentioned, the premises
was maintained by defendant, BELVERON RE PARTNERS.
104. That on January 9, 2022, and at all times herein mentioned, the premises
was controlled by defendant, BELVERON RE PARTNERS.
105. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, BELVERON RE PARTNERS.
106. That on January 9, 2022, and at all times herein mentioned, it was the duty
of defendant, BELVERON RE PARTNERS, to maintain the premises in a reasonably
safe condition.
107. That upon information and belief, defendant, BELVERON RE
PARTNERS, its servants, agents, and/or employees had actual notice of defective
conditions at the premises which caused the fire prior to January 9, 2022.
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108. That on January 9, 2022, and at all times herein mentioned, the premises
was owned by defendant, BELVERON NY.
109. That on January 9, 2022, and at all times herein mentioned, the premises
was maintained by defendant, BELVERON NY.
110. That on January 9, 2022, and at all times herein mentioned, the premises
were controlled by defendant, BELVERON NY.
111. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, BELVERON NY.
112. That on January 9, 2022, and at all times herein mentioned, it was the duty
of defendant, BELVERON NY, to maintain the premises in a reasonably safe condition.
113. That upon information and belief, defendant, BELVERON NY, its
servants, agents, and/or employees had actual notice of defective conditions at the
premises which caused the fire prior to January 9, 2022.
114. That on January 9, 2022, and at all times herein mentioned, the premises
was owned by defendant, BELVERON FUND.
115. That on January 9, 2022, and at all times herein mentioned, the premises
was maintained by defendant, BELVERON FUND.
116. That on January 9, 2022, and at all times herein mentioned, the premises
was controlled by defendant, BELVERON FUND.
117. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, BELVERON FUND.
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118. That on January 9, 2022, and at all times herein mentioned, it was the duty
of defendant, BELVERON FUND, to maintain the premises in a reasonably safe
condition.
119. That upon information and belief, defendant, BELVERON FUND, its
servants, agents, and/or employees had actual notice of defective conditions at the
premises which caused the fire prior to January 9, 2022.
120. That on January 9, 2022, and at all times herein mentioned, the premises
were owned by defendant, BELVERON VENTURE.
121. That on January 9, 2022, and at all times herein mentioned, the premises
was maintained by defendant, BELVERON VENTURE.
122. That on January 9, 2022, and at all times herein mentioned, the premises
was controlled by defendant, BELVERON VENTURE.
123. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, BELVERON VENTURE.
124. That on January 9, 2022, and at all times herein mentioned, it was the duty
of defendant, BELVERON VENTURE, to maintain the premises in a reasonably safe
condition.
125. That upon information and belief, defendant, BELVERON VENTURE, its
servants, agents, and/or employees had actual notice of defective conditions at the
premises which caused the fire prior to January 9, 2022.
126. That on January 9, 2022, and at all times herein mentioned, the premises
was owned by defendant, BELVERON PFV.
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127. That on January 9, 2022, and at all times herein mentioned, the premises
was maintained by defendant, BELVERON PFV.
128. That on January 9, 2022, and at all times herein mentioned, the premises
was controlled by defendant, BELVERON PFV.
129. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, BELVERON PFV.
130. That on January 9, 2022, and at all times herein mentioned, it was the duty
of defendant, BELVERON PFV, to maintain the premises in a reasonably safe condition.
131. That upon information and belief, defendant, BELVERON PFV, its
servants, agents, and/or employees had actual notice of defective conditions at the
premises which caused the fire prior to January 9, 2022.
132. That on January 9, 2022, and at all times herein mentioned, the premises
was owned by defendant, BP 3 MM LLC.
133. That on January 9, 2022, and at all times herein mentioned, the premises
was maintained by defendant, BP 3 MM LLC.
134. That on January 9, 2022, and at all times herein mentioned, the premises
were controlled by defendant, BP 3 MM LLC.
135. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, BP 3 MM LLC.
136. That on January 9, 2022, and at all times herein mentioned, it was the duty
of defendant, BP 3 MM LLC, to maintain the premises in a reasonably safe condition.
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137. That upon information and belief, defendant, BP 3 MM LLC, its servants,
agents, and/or employees had actual notice of defective conditions at the premises which
caused the fire prior to January 9, 2022.
138. That on January 9, 2022, and at all times herein mentioned, the premises
were owned by defendant, BP MM HOLDINGS.
139. That on January 9, 2022, and at all times herein mentioned, the premises
were maintained by defendant, BP MM HOLDINGS.
140. That on January 9, 2022, and at all times herein mentioned, the premises
were controlled by defendant, BP MM HOLDINGS.
141. That on January 9, 2022, and at all times mentioned herein the premises
were managed by defendant, BP MM HOLDINGS.
142. That on January 9, 2022,, and at all times herein mentioned, it was the
duty of defendant, BP MM HOLDINGS, to maintain the premises in a reasonably safe
condition.
143. That upon information and belief, defendant, BP MM HOLDINGS, its
servants, agents, and/or employees had actual notice of defective conditions at the
premises which caused the fire prior to January 9, 2022.
144. That on January 9, 2022 and at all times herein mentioned, the premises
were owned by defendant, CAMBER.
145. That on January 9, 2022,, and at all times herein mentioned, the premises
was maintained by defendant, CAMBER.
146. That on January 9, 2022, and at all times herein mentioned, the premises
were controlled by defendant, CAMBER.
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FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------X FELIP SERRANO, DAYKA GOMEZ; M.L. an infant by her mother and natural guardian DAYKA GOMEZ; Index No.: CHARLEY MINAYA; YORIELY FIGUEROA; Date Filed: CLARY DOTEL; VALERY DOTEL CALDERON; FRANCISCA REYES; JEAN GOMEZ; and ANGELICA GOMEZ; SUMMONS Plaintiff(s), -against- BRONX PHASE III HOUSING COMPANY, INC., BRONX PARK PHASE III PRESERVATION, LLC, LIHC INVESTMENT GROUP, LIHC ACQUISITION COMPANY, LLC, BP 3 MM LLC, BP MM HOLDINGS LLC, BELVERON REAL ESTATE PARTNERS, LLC, BELVERON PARTNERS FUND V JV, LLC, BELVERON PARTNERS FUND V VENTURE LP, BELVERON PARTNERS FUND V LP, BELVERON NY PRESERVATION, LLC, CPG BP, LLC, CAMBER PROPERTY GROUP LLC, RELIANT REALTY SERVICES, LLC, MADISON SECURITY GROUP, INC., WEBSTER LOCK & HARDWARE CO. INC., VANWELL ELECTRONICS, INC., MIRCOM TECHNOLOGIES, INC, COMFORT ZONE, WORLD & MAIN, L.L.C.,H2 BRANDS GROUP p/d/b/a WORLD & MAIN, LLC., CAL- ROYAL PRODUCTS, INC., MAXTECH AMERICA, INC., RELIANT SAFETY, LLC, DOOR DEPOT & HARDWARE, LLC, HOME DEPOT U.S.A., INC., HONEYWELL INTERNATIONAL, INC. and OMNI NEW YORK LLC, Defendant(s). ------------------------------------------------------------------X To The Above Named Defendant(s): You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff’s attorney(s) within twenty days after the services 1 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within thirty 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. The basis of venue is PLACE OF INCIDENT, 333 East 181th Street, Bronx, NY Plaintiffs reside at 333 East 181st Street, Bronx, NY Dated: New York, New York February 1, 2024 Yours, etc., Robert Vilensky Robert Vilensky RONEMUS & VILENSKY Attorneys for Plaintiff(s) 112 Madison Avenue, 2nd floor New York, New York 10016 (212) 779-7070 BRONX PHASE III HOUSING COMPANY, INC. Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. C/O NYC Partnership Housing Development Fund Company Inc., 575 West 36th Street, 3rd Floor, NY, NY 10018 C/O NYC PARTNERSHIP, 242 West 36th Street, 3rd Floor, NY, NY 10018 BRONX PARK PHASE III PRESERVATION, L.L.C. Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. C/O Camber Property Group, LLC, 419 Park Avenue, Suite 401, NY, NY 10016 C/O Camber Property Group, LLC, 116 East 27th Street, 11th Floor, NY, NY 10016 LIHC INVESTMENT GROUP Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. One Portland Square, Suite 6-A, Portland, Me, 04101 NYC Offices, 41 Madison Avenue, 31st Floor, NY, NY 10010 LIHC ACQUISITION COMPANY, L.L.C. Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. 2 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 One Portland Square, Suite 6-A, Portland, Me, 04101 BELVERON PARTNERS FUND V JV, L.L.C. Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. 268 Bush Street, #3534, San Francisco, CA 94104 Registered agent - CSC Lawyers- 2710 Gateway Oaks Drive, Ste 150N, Sacramento, CA 95833 BELVERON PARTNERS FUND V VENTURE LP Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. 268 Bush Street, #3534, San Francisco, CA 64104 43 West 24th Street, Suite 1201, NY, NY 10010 BELVERON PARTNERS FUND V LP Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. 268 Bush Street, #3534, San Francisco, CA 64104 43 West 24th Street, Suite 1201, NY, NY 10010 BELVERON REAL ESTATE PARTNERS, L.L.C., D/B/A BELVERON PARTNERS Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. 268 Bush Street, #3534, San Francisco, CA 64104 43 West 24th Street, Suite 1201, NY, NY 10010 BELVERON NY PRESERVATION, L.L.C. Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. 268 Bush Street, #3534, San Francisco, CA 64104 43 West 24th Street, Suite 1201, NY, NY 10010 BP MM HOLDINGS, L.L.C. Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. C/O Corporation Service Company, 80 State Street, Albany, New York 12207-2543 BP 3 MM LLC Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. C/O Corporation Service Company, 80 State Street, Albany, New York 12207-2543 CAMBER PROPERTY GROUP, L.L.C. Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. 3 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 419 Park Avenue, Suite 401, NY, NY 10016 116 East 27th Street, 11th Floor, NY, NY 10016 c/o Corporation Service Company, 80 State Street, Albany, New York 12207 CPG BP, L.L.C. Serve Via NYSCEF and Email to PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP. 419 Park Avenue, Suite 401, NY, NY 10016 RELIANT REALTY SERVICES, L.L.C.; Serve Via NYSCEF and Email to GARTNER + BLOOM 885 2nd Avenue, 31st Floor, NY, NY 10017 Registered agent: c/o Omni New York LLC, 909 Third Avenue, 21st Floor, NY, NY 10022 MADISON SECURITY GROUP, INC. Serve HURWITZ FINE, P.C., Via Email and NYSCEF 28 Valley Road, Lowell, MA 01852 WEBSTER LOCK & HARDWARE CO., INC. Serve Via NYSCEF and Email on GALLO VITUCCI KLAR LLP 2471 Webster Avenue, Bronx, New York VANWELL ELECTRONICS INC. Serve Via NYSCEF and Email on WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 320 Essex Street, Ste 3, Stirling, NJ 07980 COMFORT ZONE Serve Via NYSCEF and Email on CULLEN & DYKMAN LLP Serve Via NYSCEF and Email on PIETRAGALLO, GORDON, ALFANO, BOSICK & RASPANTI, LLP WORLD & MAIN, L.L.C. 324 A Half Acre Road, Cranbury, New Jersey 08512 H2 BRANDS p/d/b/a WORLD & MAIN Serve Via NYSCEF and Email on CULLEN & DYKMAN LLP Serve Via NYSCEF and Email on PIETRAGALLO, GORDON, ALFANO, BOSICK & RASPANTI, LLP 324 A Half Acre Road, Cranbury, New Jersey 08512 HOME DEPOT U.S.A., INC. Serve via NYSCEF and Email on Parsky & Galloway LLC 3455 Paces Ferry Road, N.W., Building C-20, Atlanta, GA 30339 4 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 HONEYWELL INTERNATIONAL, INC. Serve Secretary of State Serve also at 855 S. Mint Street Charlotte, North Carolina 28202 855 S. Mint Street, Charlotte, North Carolina 28202 MIRCOM TECHNOLOGIES, LTD Serve via NYSCEF and Email on Gerber Ciano Kelly Brady, LLP 98 Commerce Road, Cedar Grove, New Jersey 07009 DOOR DEPOT & HARDWARE, LLC Serve Secretary of State Serve also the Law Offices of Steven Cohen, LLC, 540 East 180th Street, Suite 203, Bronx, New York 10457 Serve also at 1869 Bathgate Ave., Bronx, New York 10457 CAL-ROYAL PRODUCTS, INC. [Via Secretary of State of the State of California] Serve California Secretary of State Serve also Bruce Waldman, 8665 Wilshire Blvd. # 206, Beverly Hills, CA 90211 MAXTECH AMERICA, INC. Serve Secretary of State Serve also Xiaoming Li, 15 North Drive, Whitestone, New York 11357 Serve also 338 Maujer St. Brooklyn, New York 11206 RELIANT SAFETY, LLC Serve Secretary of State Serve also at 909 3rd Avenue, 21st Floor, New York, New York 10022 Serve also at 885 Second Avenue, 31st Floor, New York, New York 10017 OMNI NEW YORK LLC Serve Secretary of State Serve also at: 909 Third Avenue, 21st Floor, New York, New York 10022 5 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX --------------------------------------------------------------------X FELIP SERRANO, DAYKA GOMEZ; M.L. an infant by her mother and natural guardian DAYKA GOMEZ; Index No.: CHARLEY MINAYA; YORIELY FIGUEROA; CLARY Date Filed: DOTEL; VALERY DOTEL CALDERON; FRANCISCA REYES; JEAN GOMEZ; and ANGELICA GOMEZ; Plaintiff(s), VERIFIED -against- COMPLAINT BRONX PHASE III HOUSING COMPANY, INC., BRONX PARK PHASE III PRESERVATION, LLC, LIHC INVESTMENT GROUP, LIHC ACQUISITION COMPANY, LLC, BP 3 MM LLC, BP MM HOLDINGS LLC, BELVERON REAL ESTATE PARTNERS, LLC, BELVERON PARTNERS FUND V JV, LLC, BELVERON PARTNERS FUND V VENTURE LP, BELVERON PARTNERS FUND V LP, BELVERON NY PRESERVATION, LLC, CPG BP, LLC, CAMBER PROPERTY GROUP LLC, RELIANT REALTY SERVICES, LLC, MADISON SECURITY GROUP, INC., WEBSTER LOCK & HARDWARE CO. INC., VANWELL ELECTRONICS, INC., MIRCOM TECHNOLOGIES, INC, COMFORT ZONE, WORLD & MAIN, L.L.C., H2 BRANDS GROUP p/d/b/a WORLD & MAIN, LLC., CAL-ROYAL PRODUCTS, INC., MAXTECH AMERICA, INC., RELIANT SAFETY, LLC, DOOR DEPOT & HARDWARE, LLC, HOME DEPOT U.S.A., INC., HONEYWELL INTERNATIONAL, INC. and OMNI NEW YORK LLC, Defendant(s). --------------------------------------------------------------------X Plaintiffs, by their attorneys RONEMUS & VILENSKY, LLP, complaining of the defendants, BRONX PHASE III HOUSING COMPANY, INC., BRONX PARK PHASE III PRESERVATION, LLC, LIHC INVESTMENT GROUP, LIHC ACQUISITION COMPANY, LLC, BP 3 MM LLC, BP MM HOLDINGS LLC, BELVERON REAL 6 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 ESTATE PARTNERS, LLC, BELVERON PARTNERS FUND V JV, LLC, BELVERON PARTNERS FUND V VENTURE LP, BELVERON PARTNERS FUND V LP, BELVERON NY PRESERVATION, LLC, CPG BP, LLC, CAMBER PROPERTY GROUP LLC, RELIANT REALTY SERVICES, LLC, MADISON SECURITY GROUP, INC., WEBSTER LOCK & HARDWARE CO. INC., VANWELL ELECTRONICS, INC., MIRCOM TECHNOLOGIES, INC, COMFORT ZONE, WORLD & MAIN, L.L.C., H2 BRANDS GROUP p/d/b/a WORLD & MAIN, LLC., CAL-ROYAL PRODUCTS, INC., MAXTECH AMERICA, INC., RELIANT SAFETY, LLC, DOOR DEPOT & HARDWARE, LLC, HOME DEPOT U.S.A., INC., HONEYWELL INTERNATIONAL, INC. and OMNI NEW YORK LLC, hereby allege the following under penalties of perjury and upon information and belief; GENERAL ALLEGATIONS 1. At all times mentioned herein, Plaintiff, FELIP SERRANO, was and still is a resident of the State of New York. 2. At all times mentioned herein, Plaintiff, DAYKA GOMEZ, was and still is a resident of the State of New York. 3. At all times mentioned herein, Plaintiff, M.L. an infant by her mother and natural guardian DAYKA GOMEZ, was and still is a resident of the State of New York. 4. At all times mentioned herein, Plaintiff, CHARLEY MINAYA, was and still is a resident of the State of New York. 5. At all times mentioned herein, Plaintiff, YORIELY FIGUEROA, was and still is a resident of the State of New York. 7 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 6. At all times mentioned herein, Plaintiff, CLARY DOTEL, was and still is a resident of the State of New York. 7. At all times motioned herein, Plaintiff, VALERY DOTEL CALDERON, was and still is a resident of the State of New York. 8. At all times mentioned herein, Plaintiff, FRANCISCA REYES, was and still is a resident of the State of New York. 9. At all times mentioned herein, Plaintiff, JEAN GOMEZ, was and still is a resident of the State of New York. 10. At all times mentioned herein, Plaintiff, ANGELICA GOMEZ, was and still is a resident of the State of New York. 11. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, BRONX PHASE III HOUSING COMPANY, INC., (hereinafter BRONX PHASE HOUSING) was a domestic business entity, duly formed and existing pursuant to New York state laws. 12. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, BRONX PARK PHASE III PRESERVATION, L.L.C, (hereinafter BRONX PARK PRESERVATION) was a domestic business entity, duly formed and existing pursuant to New York state laws. 13. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, LIHC INVESTMENT GROUP, (hereinafter LIHC INVESTMENT) was a foreign business entity, duly formed and existing pursuant to the laws of the State of Maine. 8 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 14. Upon information and belief, LIHC INVESTMENT, transacted business in the State of New York. 15. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, LIHC ACQUISITION, (hereinafter LIHC ACQUISITION) was a foreign business entity, duly formed and existing pursuant to the laws of the State of Maine. 16. Upon information and belief, LIHC ACQUISITION, transacted business in the State of New York. 17. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant BELVERON REAL ESTATE PARTNERS, LLC (hereinafter BELVERON RE PARTNERS) was a foreign business entity, duly formed and existing pursuant to the laws of the State of California. 18. Upon information and belief, defendant, BELVERON RE PARTNERS, transacted business in the State of New York. 19. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant BELVERON NY PRESERVATION, L.L.C. (hereinafter BELVERON NY) was a foreign business entity, duly formed and existing pursuant to the laws of the State of California. 20. Upon information and belief, defendant, BELVERON NY, transacted business in the State of New York. 21. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant BELVERON PARTNERS FUND V JV, L.L.C., (hereinafter 9 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 BELVERON FUND) was a foreign business entity, duly formed and existing pursuant to the laws of the State of California. 22. Upon information and belief, defendant, BELVERON FUND, transacted business in the State of New York. 23. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant BELVERON PARTNERS FUND V VENTURE LP (BELVERON VENTURE) was a foreign business entity duly formed and existing pursuant to the laws of the State of California. 24. Upon information and belief, defendant BELVERON VENTURE transacted business in the State of New York. 25. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant BELVERON PARTNERS FUND V LP (BELVERON PFV) was a foreign business entity duly formed and existing pursuant to the laws of the State of California. 26. Upon information and belief, defendant BELVERON PFV transacted business in the State of New York. 27. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant BP 3MM LLC was a domestic business entity, duly formed and existing pursuant to New York State laws. 28. Upon information and belief, on January 9, 2022 and at all times herein mentioned, defendant, BP MM HOLDINGS, L.L.C., (hereinafter BP MM HOLDINGS) was a domestic business entity, duly formed and existing pursuant to New York State laws. 10 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 29. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, CAMBER PROPERTY GROUP, L.L.C., (hereinafter CAMBER) was a domestic business entity, duly formed and existing pursuant to New York state laws. 30. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, CPG BP, L.L.C., (hereinafter CPG) was a domestic business entity, duly formed and existing pursuant to New York state laws. 31. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, RELIANT REALTY SERVICES, L.L.C., (hereinafter RELIANT) was a domestic business entity, duly formed and existing pursuant to New York state laws. 32. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, MADISON SECURITY GROUP, INC., (hereinafter MADISON) was a foreign business entity, duly formed and existing pursuant to Massachusetts state laws. 33. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, MADISON transacted business in the State of New York. 34. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, WEBSTER LOCK & HARDWARE CO., INC. (hereinafter WEBSTER) was a domestic business entity, duly formed and existing pursuant to New York state law. 35. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant VANWELL ELECTRONICS, L.L.C. (hereinafter VANWELL) 11 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 was a foreign business entity, duly formed and existing pursuant to New Jersey state laws. 36. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant VANWELL, transacted business in the State of New York. 37. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, HONEYWELL INTERNATIONAL INC., (hereinafter HONEYWELL) was a foreign business entity, duly formed and existing pursuant to Delaware state law. 38. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, HONEYWELL, transacted business in the State of New York. 39. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant MIRCOM TECHNOLOGIES, L.T.D., (hereinafter MIRCOM) was a foreign business entity. 40. Upon information and belief, defendant MIRCOM transacted business in the State of New York. 41. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, COMFORT ZONE, was a foreign business entity, duly formed and existing pursuant to Delaware state law. 42. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, COMFORT ZONE, transacted business in the State of New York. 43. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, WORLD AND MAIN, L.L.C., (hereinafter WORLD AND 12 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 MAIN) was a foreign business entity, duly formed and existing pursuant to Delaware state law. 44. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, WORLD AND MAIN, transacted business in the State of New York. 45. Upon information and belief, on January 9, 2022 and at all times herein mentioned, defendant, H2 BRANDS GROUP p/d/b/a WORLD & MAIN, L.L.C., (hereinafter H2 ) was a foreign business entity, duly formed and existing pursuant to Delaware state law. 46. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, H2, transacted business in the State of New York. 47. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, HOME DEPOT U.S.A., INC., (hereinafter HOME DEPOT) was a foreign business entity, duly formed and existing pursuant to Delaware state law. 48. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant, HOME DEPOT, transacted business in the State of New York. 49. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant CAL-ROYAL PRODUCTS, INC., (hereinafter CAL-ROYAL) was a foreign business entity, duly formed and existing pursuant to California state law. 50. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant CAL-ROYAL transacted business in the State of New York. 13 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 51. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant MAXTECH AMERICA, INC., (hereinafter MAXTECH) was a domestic business entity, duly formed and existing pursuant to New York state law. 52. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant RELIANT SAFETY, LLC, (hereinafter RELIANT SAFETY) was a domestic business entity, duly formed and existing pursuant to New York state law. 53. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant DOOR DEPOT & HARDWARE, LLC, (hereinafter DOOR DEPOT) was a domestic business entity, duly formed and existing pursuant to New York state law. 54. Upon information and belief, on January 9, 2022, and at all times herein mentioned, defendant OMNI NEW YORK LLC, (hereinafter OMNI) was a domestic business entity, duly formed and existing pursuant to New York state law. 55. On and before January 9, 2022, defendant RELIANT was a wholly owned subsidiary of defendant OMNI. 56. On and before January 9, 2022, defendant RELIANT SAFETY was a wholly owned subsidiary of defendant OMNI. 57. On and before January 9, 2022, defendant RELIANT was a subsidiary of defendant OMNI. 58. On and before January 9, 2022, defendant RELIANT SAFETY was a subsidiary of defendant OMNI. 59. On and before January 9, 2022, Defendant OMNI was a parent company of defendant RELIANT SAFETY. 14 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 60. On and before January 9, 2022, Defendant OMNI was a parent company of defendant RELIANT. 61. This court has jurisdiction over the subject matter of this action pursuant to CLPR Section 901and the laws of the State of New York. 62. Venue is proper as the underlying incident occurred in Bronx County. 63. Each and every cause of action herein falls within one or more of the exemptions set forth in CPLR §1602, including but not limited to, CPLR §1602 (2), CPLR §1602 (5), CPLR §1602 (7) and CPLR §1602 (11). 64. That on January 9, 2022, and at all times herein mentioned, a premises existed in the County of Bronx, City and State of New York with the address of 333 East 181st Street, Bronx, New York (herein referred to as the premises.) 65. That on January 9, 2022, the premises was a large apartment building containing many individual apartments. 66. On January 9, 2022, a massive fire occurred at the premises. 67. That on January 9, 2022, a major fire occurred at the premises destroying the building and damaging all the individual apartments contained herein. 68. That on January 9, 2022, an electric space heater in use in Apartment 3N and/or on the third floor at the premises caused and/or contributed to the fire at the premises. 69. That at all times herein mentioned, and prior thereto, each individual apartment within the premises was equipped with a front “steel door”. 15 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 70. That at all times herein mentioned and prior thereto, each individual apartment withing the premises was equipped with a front door that was supposed to self- close. 71. That at all times herein mentioned, and prior thereto, each “steel door” within each individual apartment was affixed to the wall with a “steel hinge” and what is known as a “return”. 72. At all times herein mentioned, and prior thereto, building stairwells were equipped with self-closing “steel doors”. 73. At all times herein mentioned, the stairwell “steel doors” were equipped with “steel hinges” and door “returns”. 74. That at all times herein mentioned, and prior thereto, defendants installed, repaired, maintained and/or serviced the “steel doors”, “steel hinges” and “returns” at the premises. 75. That at all times herein mentioned, and prior thereto, the said premises had smoke detectors installed at the premises. 76. That at all times herein mentioned and prior thereto, the said premises were equipped with a fire panel and/or fire alarm system. 77. At all times herein mentioned, and prior thereto, defendants installed, repaired, maintained, and/or serviced the smoke detectors, fire panel and/or fire alarm system. 78. That on January 9, 2022, and at all times herein mentioned, the premises was owned by defendant, BRONX PHASE HOUSING. 16 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 79. That on January 9, 2022, and at all times herein mentioned, the premises were maintained by defendant, BRONX PHASE HOUSING. 80. That on January 9, 2022, and at all times herein mentioned, the premises were controlled by defendant, BRONX PHASE HOUSING. 81. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, BRONX PHASE HOUSING. 82. That on January 9, 2022, and at all times herein mentioned, it was the duty of defendant, BRONX PHASE HOUSING, to maintain the premises in a reasonably safe condition. 83. That upon information and belief, defendant, BRONX PHASE HOUSING, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 84. That on January 9, 2022, and at all times herein mentioned, the premises was owned by defendant, BRONX PARK PRESERVATION. 85. That on January 9, 2022, and at all times herein mentioned, the premises was maintained by defendant, BRONX PARK PRESERVATION. 86. That on January 9, 2022, and at all times herein mentioned, the premises was controlled by defendant, BRONX PARK PRESERVATION. 87. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, BRONX PARK PRESERVATION. 88. That on January 9, 2022, and at all times herein mentioned, it was the duty of defendant, BRONX PARK PRESERVATION, to maintain the premises in a reasonably safe condition. 17 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 89. That upon information and belief, defendant, BRONX PARK PRESERVATION, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 90. That on January 9, 2022, and at all times herein mentioned, the premises was owned by defendant, LIHC INVESTMENT. 91. That on January 9, 2022, and at all times herein mentioned, the premises was maintained by defendant, LIHC INVESTMENT. 92. That on January 9, 2022, and at all times herein mentioned, the premises was controlled by defendant, LIHC INVESTMENT. 93. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, LIHC INVESTMENT. 94. That on January 9, 2022, and at all times herein mentioned, it was the duty of defendant, LIHC INVESTMENT, to maintain the premises in a reasonably safe condition. 95. That upon information and belief, defendant, LIHC INVESTMENT, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 96. That on January 9, 2022, and at all times herein mentioned, the premises was owned by defendant, LIHC ACQUISITION. 97. That on January 9, 2022, and at all times herein mentioned, the premises was maintained by defendant, LIHC ACQUISITION. 98. That on January 9, 2022, and at all times herein mentioned, the premises was controlled by defendant, LIHC ACQUISITION. 18 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 99. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, LIHC ACQUISITION. 100. That on January 9, 2022, and at all times herein mentioned, it was the duty of defendant, LIHC ACQUISITION, to maintain the premises in a reasonably safe condition. 101. That upon information and belief, defendant, LIHC ACQUISITION, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 102. That on January 9, 2022, and at all times herein mentioned, the premises was owned by defendant, BELVERON RE PARTNERS. 103. That on January 9, 2022, and at all times herein mentioned, the premises was maintained by defendant, BELVERON RE PARTNERS. 104. That on January 9, 2022, and at all times herein mentioned, the premises was controlled by defendant, BELVERON RE PARTNERS. 105. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, BELVERON RE PARTNERS. 106. That on January 9, 2022, and at all times herein mentioned, it was the duty of defendant, BELVERON RE PARTNERS, to maintain the premises in a reasonably safe condition. 107. That upon information and belief, defendant, BELVERON RE PARTNERS, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 19 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 108. That on January 9, 2022, and at all times herein mentioned, the premises was owned by defendant, BELVERON NY. 109. That on January 9, 2022, and at all times herein mentioned, the premises was maintained by defendant, BELVERON NY. 110. That on January 9, 2022, and at all times herein mentioned, the premises were controlled by defendant, BELVERON NY. 111. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, BELVERON NY. 112. That on January 9, 2022, and at all times herein mentioned, it was the duty of defendant, BELVERON NY, to maintain the premises in a reasonably safe condition. 113. That upon information and belief, defendant, BELVERON NY, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 114. That on January 9, 2022, and at all times herein mentioned, the premises was owned by defendant, BELVERON FUND. 115. That on January 9, 2022, and at all times herein mentioned, the premises was maintained by defendant, BELVERON FUND. 116. That on January 9, 2022, and at all times herein mentioned, the premises was controlled by defendant, BELVERON FUND. 117. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, BELVERON FUND. 20 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 118. That on January 9, 2022, and at all times herein mentioned, it was the duty of defendant, BELVERON FUND, to maintain the premises in a reasonably safe condition. 119. That upon information and belief, defendant, BELVERON FUND, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 120. That on January 9, 2022, and at all times herein mentioned, the premises were owned by defendant, BELVERON VENTURE. 121. That on January 9, 2022, and at all times herein mentioned, the premises was maintained by defendant, BELVERON VENTURE. 122. That on January 9, 2022, and at all times herein mentioned, the premises was controlled by defendant, BELVERON VENTURE. 123. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, BELVERON VENTURE. 124. That on January 9, 2022, and at all times herein mentioned, it was the duty of defendant, BELVERON VENTURE, to maintain the premises in a reasonably safe condition. 125. That upon information and belief, defendant, BELVERON VENTURE, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 126. That on January 9, 2022, and at all times herein mentioned, the premises was owned by defendant, BELVERON PFV. 21 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 127. That on January 9, 2022, and at all times herein mentioned, the premises was maintained by defendant, BELVERON PFV. 128. That on January 9, 2022, and at all times herein mentioned, the premises was controlled by defendant, BELVERON PFV. 129. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, BELVERON PFV. 130. That on January 9, 2022, and at all times herein mentioned, it was the duty of defendant, BELVERON PFV, to maintain the premises in a reasonably safe condition. 131. That upon information and belief, defendant, BELVERON PFV, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 132. That on January 9, 2022, and at all times herein mentioned, the premises was owned by defendant, BP 3 MM LLC. 133. That on January 9, 2022, and at all times herein mentioned, the premises was maintained by defendant, BP 3 MM LLC. 134. That on January 9, 2022, and at all times herein mentioned, the premises were controlled by defendant, BP 3 MM LLC. 135. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, BP 3 MM LLC. 136. That on January 9, 2022, and at all times herein mentioned, it was the duty of defendant, BP 3 MM LLC, to maintain the premises in a reasonably safe condition. 22 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 137. That upon information and belief, defendant, BP 3 MM LLC, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 138. That on January 9, 2022, and at all times herein mentioned, the premises were owned by defendant, BP MM HOLDINGS. 139. That on January 9, 2022, and at all times herein mentioned, the premises were maintained by defendant, BP MM HOLDINGS. 140. That on January 9, 2022, and at all times herein mentioned, the premises were controlled by defendant, BP MM HOLDINGS. 141. That on January 9, 2022, and at all times mentioned herein the premises were managed by defendant, BP MM HOLDINGS. 142. That on January 9, 2022,, and at all times herein mentioned, it was the duty of defendant, BP MM HOLDINGS, to maintain the premises in a reasonably safe condition. 143. That upon information and belief, defendant, BP MM HOLDINGS, its servants, agents, and/or employees had actual notice of defective conditions at the premises which caused the fire prior to January 9, 2022. 144. That on January 9, 2022 and at all times herein mentioned, the premises were owned by defendant, CAMBER. 145. That on January 9, 2022,, and at all times herein mentioned, the premises was maintained by defendant, CAMBER. 146. That on January 9, 2022, and at all times herein mentioned, the premises were controlled by defendant, CAMBER. 23 of 67 FILED: BRONX COUNTY CLERK 02/01/2024 02:05 PM INDEX NO. 801863/