Preview
FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF OSWEGO
---------------------------------------------------------------- Date Purchased:
BENJAMIN IANNETTONI,
SUMMONS
Plaintiff
Plaintiff designates OSWEGO
v. County as the place of trial.
NOVELIS CORPORATION, The basis of venue is.
Location of incident
Defendant 448 County Route 1A
Oswego, NY 13126
-----------------------------------------------------------------
To the above named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a copy
of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiffs 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: February 26, 2024
Syracuse, NY
Robert A. Quattrocci, Esq.
Stanley Law Offices
215 Burnet Ave.
Syracuse, NY 13203
Our File No. 2203693
TO: Novelis Corporation
448 County Route 1A
Oswego, New York 13126
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FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
________________________________________
BENJAMIN IANNETTONI, Index No.:
Date Purchased:
Plaintiff
VERIFIED COMPLAINT
V.
NOVELIS CORPORATION,
Defendant
__________________------------------------
Plaintiff, by his attorneys, The Stanley Law Offices, LLP, complaining of the Defendant,
respectfully alleges, upon information and belief, as follows:
1. That at all times herein mentioned, the Plaintiff is an individual that
resides at 2806 Kendall St. Bldg 210 Apt 305, in the city of Edgewater, in the County of
Jefferson, State of Colorado.
2. Upon information and belief, the defendant, Novelis Corporation, is a corporation
duly incorporated under the laws of the State of New York, with an office for the transaction of
business at 448 County Rte 1A in the City of Oswego, County of Oswego, State of New York.
3. On May 23, 2022, the plaintiff was employed by Black & McDonald and
assigned to work at the Novelis facility located at 448 County Rte 1A Oswego, NY.
4. On May 23, 2022, the plaintiff was in the course of his employment when he fell off a
ladder that slid from underneath him.
5. Upon infonnation and belief, this action falls within one or more exceptions set
forth in C.P.L.R. 1602, more specifically sections (7)
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FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANT(S), THE
PLAINTIFF RESTATES AND REALLEGES EACH AND EVERY ALLEGATION
CONTAINED IN PARAGRAPHS MARKED AND ENUMERATED "1" - "5" AS IF
HEREINAFTER SET FORTH IN FULL, AND FURTHER ALLEGES THAT:
6. Upon information and belief and at all times hereinafter mentioned, said accident
was caused by the negligence, carelessness and recklessness of the defendant, its employees,
agents and/or servants, in their failure to provide reasonable and adequate protection and to
furnish, maintain and inspect a safe place to work for the plaintiff at the aforementioned premises,
including but not limited to failing to comply with OSHA rules and regulations, failing to provide
safe and adequate equipment and working conditions on the worksite.
7. The defendant, its employees, agents and/or servants, were further negligent in
their failure to exercise due diligence in supervising, training, apprising and instructing their
employees, agents and/or servants in their work and in the safe use of their equipment, thereby
creating an unsafe working condition, and in failure to furnish or erect devices which would give
proper protection to the plaintiff.
8. The defendant, its employees, agents and/or servants, were further negligent in
their failure to provide adequate warning signs, signals and other devices to warn and apprise the
plaintiff of the danger existing at the time and place of the aforesaid accident.
9. The defendant, its employees, agents and/or servants, were further negligent in
failing to provide supervisory personnel to warn and apprise the plaintiff of the danger existing at
the time and place of the aforesaid accident.
10. The defendant, its employees, agents and/or servants, were further negligent in
failing to correct the recurrent dangerous conditions which they knew or should have known
existed at said work site.
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FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
11. The defendant, its employees, agents and/or servants, were further negligent in
that they failed to use reasonable and ordinary care under the circumstances.
defendants'
12. By reason of the negligence and willful and wanton conduct as stated
above, the plaintiff has sustained serious personal injuries in the amount that exceeds the
jurisdictional limits of all lower courts.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST THE DEFENDANT(S), THE
PLAINTIFF RESTATES AND REALLEGES EACH AND EVERY ALLEGATION
"1" - "12"
CONTAINED IN PARAGRAPHS MARKED AND ENUMERATED AS IF
HEREINAFTER SET FORTH IN FULL, AND FURTHER ALLEGES THAT:
13. The defendant violated New York State Labor Law Sections 200, 240(1) and
and the rules and regulations promulgated thereunder sections 12 NYCRR 23-
241(6) including
1.7(d) and 12 NYCRR 23-1.21.
14. By reason of the defendant's statutory violations as stated above, the plaintiff has
sustained serious personal injuries in the amount that exceeds the jurisdictional limits of all
lower courts.
WHEREFORE, the plaintiff demands judgment against the defendant on first and second
causes of action in the amount that exceeds the jurisdictional limits of all the lower counts
together with the costs and disbursements of this action and for such other relief as this Court
may seem just and proper.
Dated: February 26, 2024
Syracuse, NY
Yours, etc.
Robert A. Quattrocci, Esq,
Stanley Law Offices
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
Yours, etc.
Robert A. Quattrocci, Esq.
Stanley Law Offices
215 Burnet Ave.
Syracuse, NY 13203
Our File No. 2203693
TO: Novelis Corporation
c/o Corporation Service Company
80 State St.
Albany, NY 12207
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FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
: ss :
COUNTY ONONDAGA )
I, Robert A. Quattrocci, Esq., an attorney duly admitted to practice before the Courts of
the State of New York, affinn the following to be true under the penalties of perjury:
I am an attorney at Stanley Law Offices, attorneys of record for Benjamin Iannettoni in the
action within. I have read the annexed SUMMONS AND COMPLAINT and know the contents
thereof, and the same are true to my knowledge, except those matters therein which are stated to be
alleged upon information and belief, and as to those matters I believe them to be true. My belief as
to those matters therein not stated upon knowledge is based upon facts, records, and other pertinent
information contained in my files.
This verification is made by me because Benjamin is not presently in the county wherein I
maintain my offices.
DATED: February 27, 2024
Syracuse, New York
Robert A. Quattrocci, Esq.
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Preview
FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF OSWEGO ---------------------------------------------------------------- Date Purchased: BENJAMIN IANNETTONI, SUMMONS Plaintiff Plaintiff designates OSWEGO v. County as the place of trial. NOVELIS CORPORATION, The basis of venue is. Location of incident Defendant 448 County Route 1A Oswego, NY 13126 ----------------------------------------------------------------- To the above named Defendants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs 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: February 26, 2024 Syracuse, NY Robert A. Quattrocci, Esq. Stanley Law Offices 215 Burnet Ave. Syracuse, NY 13203 Our File No. 2203693 TO: Novelis Corporation 448 County Route 1A Oswego, New York 13126 1 of 6 FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO ________________________________________ BENJAMIN IANNETTONI, Index No.: Date Purchased: Plaintiff VERIFIED COMPLAINT V. NOVELIS CORPORATION, Defendant __________________------------------------ Plaintiff, by his attorneys, The Stanley Law Offices, LLP, complaining of the Defendant, respectfully alleges, upon information and belief, as follows: 1. That at all times herein mentioned, the Plaintiff is an individual that resides at 2806 Kendall St. Bldg 210 Apt 305, in the city of Edgewater, in the County of Jefferson, State of Colorado. 2. Upon information and belief, the defendant, Novelis Corporation, is a corporation duly incorporated under the laws of the State of New York, with an office for the transaction of business at 448 County Rte 1A in the City of Oswego, County of Oswego, State of New York. 3. On May 23, 2022, the plaintiff was employed by Black & McDonald and assigned to work at the Novelis facility located at 448 County Rte 1A Oswego, NY. 4. On May 23, 2022, the plaintiff was in the course of his employment when he fell off a ladder that slid from underneath him. 5. Upon infonnation and belief, this action falls within one or more exceptions set forth in C.P.L.R. 1602, more specifically sections (7) 2 of 6 FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANT(S), THE PLAINTIFF RESTATES AND REALLEGES EACH AND EVERY ALLEGATION CONTAINED IN PARAGRAPHS MARKED AND ENUMERATED "1" - "5" AS IF HEREINAFTER SET FORTH IN FULL, AND FURTHER ALLEGES THAT: 6. Upon information and belief and at all times hereinafter mentioned, said accident was caused by the negligence, carelessness and recklessness of the defendant, its employees, agents and/or servants, in their failure to provide reasonable and adequate protection and to furnish, maintain and inspect a safe place to work for the plaintiff at the aforementioned premises, including but not limited to failing to comply with OSHA rules and regulations, failing to provide safe and adequate equipment and working conditions on the worksite. 7. The defendant, its employees, agents and/or servants, were further negligent in their failure to exercise due diligence in supervising, training, apprising and instructing their employees, agents and/or servants in their work and in the safe use of their equipment, thereby creating an unsafe working condition, and in failure to furnish or erect devices which would give proper protection to the plaintiff. 8. The defendant, its employees, agents and/or servants, were further negligent in their failure to provide adequate warning signs, signals and other devices to warn and apprise the plaintiff of the danger existing at the time and place of the aforesaid accident. 9. The defendant, its employees, agents and/or servants, were further negligent in failing to provide supervisory personnel to warn and apprise the plaintiff of the danger existing at the time and place of the aforesaid accident. 10. The defendant, its employees, agents and/or servants, were further negligent in failing to correct the recurrent dangerous conditions which they knew or should have known existed at said work site. 3 of 6 FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 11. The defendant, its employees, agents and/or servants, were further negligent in that they failed to use reasonable and ordinary care under the circumstances. defendants' 12. By reason of the negligence and willful and wanton conduct as stated above, the plaintiff has sustained serious personal injuries in the amount that exceeds the jurisdictional limits of all lower courts. AS AND FOR A SECOND CAUSE OF ACTION AGAINST THE DEFENDANT(S), THE PLAINTIFF RESTATES AND REALLEGES EACH AND EVERY ALLEGATION "1" - "12" CONTAINED IN PARAGRAPHS MARKED AND ENUMERATED AS IF HEREINAFTER SET FORTH IN FULL, AND FURTHER ALLEGES THAT: 13. The defendant violated New York State Labor Law Sections 200, 240(1) and and the rules and regulations promulgated thereunder sections 12 NYCRR 23- 241(6) including 1.7(d) and 12 NYCRR 23-1.21. 14. By reason of the defendant's statutory violations as stated above, the plaintiff has sustained serious personal injuries in the amount that exceeds the jurisdictional limits of all lower courts. WHEREFORE, the plaintiff demands judgment against the defendant on first and second causes of action in the amount that exceeds the jurisdictional limits of all the lower counts together with the costs and disbursements of this action and for such other relief as this Court may seem just and proper. Dated: February 26, 2024 Syracuse, NY Yours, etc. Robert A. Quattrocci, Esq, Stanley Law Offices 4 of 6 FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 Yours, etc. Robert A. Quattrocci, Esq. Stanley Law Offices 215 Burnet Ave. Syracuse, NY 13203 Our File No. 2203693 TO: Novelis Corporation c/o Corporation Service Company 80 State St. Albany, NY 12207 5 of 6 FILED: OSWEGO COUNTY CLERK 02/28/2024 08:14 AM INDEX NO. EFC-2024-0337 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) : ss : COUNTY ONONDAGA ) I, Robert A. Quattrocci, Esq., an attorney duly admitted to practice before the Courts of the State of New York, affinn the following to be true under the penalties of perjury: I am an attorney at Stanley Law Offices, attorneys of record for Benjamin Iannettoni in the action within. I have read the annexed SUMMONS AND COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Benjamin is not presently in the county wherein I maintain my offices. DATED: February 27, 2024 Syracuse, New York Robert A. Quattrocci, Esq. 6 of 6