Preview
FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------------X
UNITED PROPERTY & CASUALTY INSURANCE Index No.:
COMPANY f/k/a INTERBORO INSURANCE COMPANY
as subrogee of SOPHIA TIMO, SUMMONS
Plaintiff, Plaintiff Designates
SUFFOLK COUNTY as
-against- the Place of Trial
The Basis of Venue is
RYAN FURNITURE OF BROOKLYN INC., Place of Occurrence:
717 Lakeway Drive
Defendant. West Babylon, New York
------------------------------------------------------------------------X Plaintiff’s Place of Business:
31 Riverhead Road
Sound Beach, New York 11789
TO THE ABOVE NAMED DEFENDANT:
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 (20) days of the service of this summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York); and in case of your
failure to appear to answer, judgment will be taken against you by default for the relief demanded
in the Complaint.
Dated: New York, New York
March 25, 2024
COZEN O’CONNOR
Attorneys for Plaintiff,
By:_________________________
Kristy Miller, Esq.
3 WTC, 175 Greenwich Street, 55th Floor
New York, New York 10007
(212) 453-3722
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DEFENDANT’S ADDRESS:
RYAN FURNITURE OF BROOKLYN INC.
2475 Flatbush Avenue
Brooklyn, NY 11234
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------------------------------X
UNITED PROPERTY & CASUALTY INSURANCE Index No.:
COMPANY f/k/a INTERBORO INSURANCE COMPANY
as subrogee of SOPHIA TIMO,
COMPLAINT
Plaintiff,
-against-
RYAN FURNITURE OF BROOKLYN INC.,
Defendant.
------------------------------------------------------------------------X
Plaintiff, , United Property & Casualty Insurance Company, f/k/a Interboro Insurance
Company as subrogee of Sophia Timo, by and through its attorneys, Cozen O'Connor,
complaining of the Defendant, Ryan Furniture of Brooklyn Inc., alleges the following upon
information and belief:
THE PARTIES
1. United Property & Casualty Insurance Company, f/k/a Interboro Insurance Company
(hereinafter “Plaintiff” or “UPC”), is a business corporation duly organized and existing under the
laws of the State of New York, with its principal place of business located a t 31 Riverhead Road,
Sound Beach, New York 11789.
2. At all times material hereto, Plaintiff UPC was in the business of providing property and
casualty insurance, and insured certain real and property owned by its insured Sophia Timo (hereinafter
“Plaintiff’s insured” or “Timo”), who owned certain real and personal property located at 717 Lakeway
Drive, West Babylon, New York.
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3. Defendant, Ryan Furniture of Brooklyn Inc. (hereinafter “Ryan”), is a Domestic
business corporation organized and existing under the laws of New York, with a principal place
of business located at 2475 Flatbush Avenue, Brooklyn, New York 11234 and at all times
material herein, Ryan was engaged in the design, manufacture, assembly, sale supply and/or
installation of bedroom furniture and related component parts for the distribution in the United
States.
FACTUAL ALLEGATIONS
4. At all times material hereto, Timo was the owner of real and personal property
located 717 Lakeway Drive, West Babylon, New York (hereinafter “subject premises”).
5. At all times material hereto, Timo was insured by Plaintiff UPC pursuant to the
terms and conditions of its policy of insurance, (“the subject policy”), which policy insured
against, inter alia, property loss and damage, including fire damage to the subject premises.
6. Upon information and belief, prior to February 27, 2022, Timo purchased a bed and
related component parts (hereinafter “subject bed”) from the Defendant Ryan.
7. Upon information and belief, certain component parts incorporated or made part of
the subject bed, was manufactured, distributed and/or supplied by Defendant Ryan.
8. At all times material hereto, prior to February 27, 2022, the subject bed was
installed at the subject premises.
9. On or about On or about February 27, 2022, a fire originated in the bedroom at the
subject premises, as a result of the faulty wiring of the subject bed that contained LED lights
built in the head board, causing a fire to spread throughout the subject premises.
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10. Upon information and belief, the subject fire was directly and proximately caused
by one or more defects in the subject bed, manufactured, designed, assembled, distributed,
supplied, distributed, sold and/or installed by Defendant Ryan.
11. Upon information and belief, the subject fire was directly and proximately caused
by one or more defective manufacture or the improper selection and/or malfunction of the
subject bed or more component parts manufactured, designed, assembled, distributed, supplied,
distributed, sold and/or installed by Defendant, Ryan.
12. As a direct and proximate result of the subject fire, Timo sustained real and
personal property damage, the fair and reasonable value of which is an amount in excess of Four
Hundred Fifty Thousand Dollars ($450,000.00).
13. Plaintiff’s insured subsequently submitted a claim to UPC for reimbursement
pursuant to the subject policy for the full amount of damages she sustained as a result of the
subject fire.
14. Pursuant to the terms and conditions of the subject policy, Plaintiff reimbursed its
insured an amount in excess Four Hundred Fifty Thousand Dollars ($450,000.00).
15. By virtue of the aforesaid losses and payments and pursuant to the terms of the
subject insurance policy, UPC became subrogated, to the full extent of the payments made, to its
insured’s rights of recovery arising out of the subject fire and is entitled to recover the same
amount from Defendant named in this action.
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AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT
NEGLIGENCE
16. Plaintiff incorporates by reference all of the allegations contained in paragraphs one
(1) through Fifteen (15), above, as though more fully set forth at length herein.
17. The subject fire, as well as the consequent severe and substantial damages sustained
to the real and personal property of Timo, was directly and proximately caused by the negligence
per se, carelessness, recklessness, and/or negligent acts and/or omissions of Defendant, Ryan, by
and through its employees, representatives, contractors, sub-contractors and/or agents, in failing
to properly manufacture, distribute, sell, assemble, inspect, maintain and/or install the subject
bed.
18. As a direct and proximate result of the aforesaid acts of negligence per se,
carelessness, recklessness, and/or negligent acts and/or omissions of Defendant, Ryan, by and
through its employees, representatives, contractors, sub-contractors and/or agents, Timo
sustained real and personal property damage, the fair and reasonable value of which is in excess
of Four Hundred Fifty Thousand Dollars ($450,000.00).
19. Plaintiff’s insured subsequently submitted a claim to UPC for reimbursement
pursuant to the subject policy for the full amount of damages she sustained as a result of the
subject fire.
20. Pursuant to the terms and conditions of the subject policy, UPC reimbursed its
insured in an amount in excess of Four Hundred Fifty Thousand Dollars ($450,000.00).
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WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess
of Four Hundred Fifty Thousand Dollars ($450,000.00), together with interest, the costs of this
action, and such other and further relief as the Court may deem just and proper.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT
STRICT PRODUCTS LIABILITY
21. Plaintiff incorporates by reference all of the allegations contained in paragraphs
One (1) through Twenty (20), above, as though more fully set forth at length herein.
22. Upon information and belief, the improperly and/or defectively designed,
manufactured and/or assembled subject bed, assembled, sold and/or distributed by Defendant
Ryan, directly and proximately created a dangerous condition in the subject bed that posed an
unreasonable risk of harm to the subject premises.
23. Upon information and belief, Defendant Ryan knew or reasonably should have
known that the aforementioned improper and/or defective design, manufacture and/or assembly
of the subject bed was unreasonably dangerous and would expose members of the public and
Plaintiff’s insured’s property to an unreasonable risk of harm of damage by failure of the subject
bed.
24. Upon information and belief, the subject bed was designed, manufactured,
assembled, distributed, sold and/or otherwise placed into the stream of commerce by Defendant
Ryan is strictly liable to Plaintiff, under the laws of the State of New York and under the
principles set forth in § 402A of the Restatement of Torts, 2d.
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25. In distributing and/or otherwise placing into the stream of commerce the subject
bed manufactured by Defendant, Ryan proximately caused Plaintiff’s insured’s damages and
should be held strictly liable for the same.
26. As a direct and proximate result of the aforesaid strict liability producing acts and
omissions of Defendant Ryan, the Plaintiff’s insured sustained losses from real and personal
property damage, the fair and reasonable value of which is an amount in excess of Four Hundred
Fifty Thousand Dollars ($450,000.00).
WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess
of Four Hundred Fifty Thousand Dollars ($450,000.00), together with interest, the costs of this
action, and such other and further relief as the Court may deem just and proper.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT
BREACH OF WARRANTY
27. Plaintiff incorporates by reference all of the allegations contained in paragraphs
One (1) through Twenty-Six (26), above, as though more fully set forth at length herein.
28. At all times material hereto, Defendant Ryan impliedly and expressly warranted
that the subject bed was of good and merchantable quality, fit for its particular purpose and free
from defects.
29. Defendant, Ryan designed, manufactured, sold, assembled and/or distributed a
dangerous bed that created a dangerous condition, which exposed Timo and her property to an
unreasonable risk of harm.
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30. As a result of Defendant Ryan’s actions, Defendant Ryan breached its express and
implied warranties, including its warranties of merchantability and fitness for a particular
purpose.
31. As a direct and proximate result of the breach of these warranties by Defendant,
Ryan, its employees, representatives, contractors, sub-contractors and/or agents, Ryan sustained
real and personal property damage, the fair and reasonable value of which is in excess of Four
Hundred Fifty Thousand Dollars ($450,000.00).
32. Plaintiff’s insured subsequently submitted a claim to UPC for reimbursement
pursuant to the subject policy for damages sustained as a result of the subject fire.
33. Pursuant to the terms and conditions of the subject policy, UPC reimbursed Timo in
an amount in excess of the fair and reasonable value of which is in excess of Four Hundred Fifty
Thousand Dollars ($450,000.00).
34. By virtue of the aforesaid payments and pursuant to the terms of the subject
insurance policy, UPC became subrogated, to the full extent of the payments made, to its
insured’s rights of recovery arising out of the subject fire and is entitled to recover the same
amount from Defendant named in this action.
WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess
of the fair and reasonable value of which is in excess of Four Hundred Fifty Thousand Dollars
($450,000.00), together with interest, the costs of this action, and such other and further relief as
the Court may deem just and proper.
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Dated: New York, New York
March 25, 2024
COZEN O’CONNOR
Attorneys for Plaintiff,
By:_________________________
Kristy Miller, Esq.
3 WTC, 175 Greenwich Street, 55th Floor
New York, New York 10007
(212) 453-3722
LEGAL\61571499\1 2407501/00542179
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Preview
FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------------------X UNITED PROPERTY & CASUALTY INSURANCE Index No.: COMPANY f/k/a INTERBORO INSURANCE COMPANY as subrogee of SOPHIA TIMO, SUMMONS Plaintiff, Plaintiff Designates SUFFOLK COUNTY as -against- the Place of Trial The Basis of Venue is RYAN FURNITURE OF BROOKLYN INC., Place of Occurrence: 717 Lakeway Drive Defendant. West Babylon, New York ------------------------------------------------------------------------X Plaintiff’s Place of Business: 31 Riverhead Road Sound Beach, New York 11789 TO THE ABOVE NAMED DEFENDANT: 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 (20) days of the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear to answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: New York, New York March 25, 2024 COZEN O’CONNOR Attorneys for Plaintiff, By:_________________________ Kristy Miller, Esq. 3 WTC, 175 Greenwich Street, 55th Floor New York, New York 10007 (212) 453-3722 1 of 10 FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 DEFENDANT’S ADDRESS: RYAN FURNITURE OF BROOKLYN INC. 2475 Flatbush Avenue Brooklyn, NY 11234 2 of 10 FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------------X UNITED PROPERTY & CASUALTY INSURANCE Index No.: COMPANY f/k/a INTERBORO INSURANCE COMPANY as subrogee of SOPHIA TIMO, COMPLAINT Plaintiff, -against- RYAN FURNITURE OF BROOKLYN INC., Defendant. ------------------------------------------------------------------------X Plaintiff, , United Property & Casualty Insurance Company, f/k/a Interboro Insurance Company as subrogee of Sophia Timo, by and through its attorneys, Cozen O'Connor, complaining of the Defendant, Ryan Furniture of Brooklyn Inc., alleges the following upon information and belief: THE PARTIES 1. United Property & Casualty Insurance Company, f/k/a Interboro Insurance Company (hereinafter “Plaintiff” or “UPC”), is a business corporation duly organized and existing under the laws of the State of New York, with its principal place of business located a t 31 Riverhead Road, Sound Beach, New York 11789. 2. At all times material hereto, Plaintiff UPC was in the business of providing property and casualty insurance, and insured certain real and property owned by its insured Sophia Timo (hereinafter “Plaintiff’s insured” or “Timo”), who owned certain real and personal property located at 717 Lakeway Drive, West Babylon, New York. 3 of 10 FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 3. Defendant, Ryan Furniture of Brooklyn Inc. (hereinafter “Ryan”), is a Domestic business corporation organized and existing under the laws of New York, with a principal place of business located at 2475 Flatbush Avenue, Brooklyn, New York 11234 and at all times material herein, Ryan was engaged in the design, manufacture, assembly, sale supply and/or installation of bedroom furniture and related component parts for the distribution in the United States. FACTUAL ALLEGATIONS 4. At all times material hereto, Timo was the owner of real and personal property located 717 Lakeway Drive, West Babylon, New York (hereinafter “subject premises”). 5. At all times material hereto, Timo was insured by Plaintiff UPC pursuant to the terms and conditions of its policy of insurance, (“the subject policy”), which policy insured against, inter alia, property loss and damage, including fire damage to the subject premises. 6. Upon information and belief, prior to February 27, 2022, Timo purchased a bed and related component parts (hereinafter “subject bed”) from the Defendant Ryan. 7. Upon information and belief, certain component parts incorporated or made part of the subject bed, was manufactured, distributed and/or supplied by Defendant Ryan. 8. At all times material hereto, prior to February 27, 2022, the subject bed was installed at the subject premises. 9. On or about On or about February 27, 2022, a fire originated in the bedroom at the subject premises, as a result of the faulty wiring of the subject bed that contained LED lights built in the head board, causing a fire to spread throughout the subject premises. 4 of 10 FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 10. Upon information and belief, the subject fire was directly and proximately caused by one or more defects in the subject bed, manufactured, designed, assembled, distributed, supplied, distributed, sold and/or installed by Defendant Ryan. 11. Upon information and belief, the subject fire was directly and proximately caused by one or more defective manufacture or the improper selection and/or malfunction of the subject bed or more component parts manufactured, designed, assembled, distributed, supplied, distributed, sold and/or installed by Defendant, Ryan. 12. As a direct and proximate result of the subject fire, Timo sustained real and personal property damage, the fair and reasonable value of which is an amount in excess of Four Hundred Fifty Thousand Dollars ($450,000.00). 13. Plaintiff’s insured subsequently submitted a claim to UPC for reimbursement pursuant to the subject policy for the full amount of damages she sustained as a result of the subject fire. 14. Pursuant to the terms and conditions of the subject policy, Plaintiff reimbursed its insured an amount in excess Four Hundred Fifty Thousand Dollars ($450,000.00). 15. By virtue of the aforesaid losses and payments and pursuant to the terms of the subject insurance policy, UPC became subrogated, to the full extent of the payments made, to its insured’s rights of recovery arising out of the subject fire and is entitled to recover the same amount from Defendant named in this action. 5 of 10 FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT NEGLIGENCE 16. Plaintiff incorporates by reference all of the allegations contained in paragraphs one (1) through Fifteen (15), above, as though more fully set forth at length herein. 17. The subject fire, as well as the consequent severe and substantial damages sustained to the real and personal property of Timo, was directly and proximately caused by the negligence per se, carelessness, recklessness, and/or negligent acts and/or omissions of Defendant, Ryan, by and through its employees, representatives, contractors, sub-contractors and/or agents, in failing to properly manufacture, distribute, sell, assemble, inspect, maintain and/or install the subject bed. 18. As a direct and proximate result of the aforesaid acts of negligence per se, carelessness, recklessness, and/or negligent acts and/or omissions of Defendant, Ryan, by and through its employees, representatives, contractors, sub-contractors and/or agents, Timo sustained real and personal property damage, the fair and reasonable value of which is in excess of Four Hundred Fifty Thousand Dollars ($450,000.00). 19. Plaintiff’s insured subsequently submitted a claim to UPC for reimbursement pursuant to the subject policy for the full amount of damages she sustained as a result of the subject fire. 20. Pursuant to the terms and conditions of the subject policy, UPC reimbursed its insured in an amount in excess of Four Hundred Fifty Thousand Dollars ($450,000.00). 6 of 10 FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Four Hundred Fifty Thousand Dollars ($450,000.00), together with interest, the costs of this action, and such other and further relief as the Court may deem just and proper. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT STRICT PRODUCTS LIABILITY 21. Plaintiff incorporates by reference all of the allegations contained in paragraphs One (1) through Twenty (20), above, as though more fully set forth at length herein. 22. Upon information and belief, the improperly and/or defectively designed, manufactured and/or assembled subject bed, assembled, sold and/or distributed by Defendant Ryan, directly and proximately created a dangerous condition in the subject bed that posed an unreasonable risk of harm to the subject premises. 23. Upon information and belief, Defendant Ryan knew or reasonably should have known that the aforementioned improper and/or defective design, manufacture and/or assembly of the subject bed was unreasonably dangerous and would expose members of the public and Plaintiff’s insured’s property to an unreasonable risk of harm of damage by failure of the subject bed. 24. Upon information and belief, the subject bed was designed, manufactured, assembled, distributed, sold and/or otherwise placed into the stream of commerce by Defendant Ryan is strictly liable to Plaintiff, under the laws of the State of New York and under the principles set forth in § 402A of the Restatement of Torts, 2d. 7 of 10 FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 25. In distributing and/or otherwise placing into the stream of commerce the subject bed manufactured by Defendant, Ryan proximately caused Plaintiff’s insured’s damages and should be held strictly liable for the same. 26. As a direct and proximate result of the aforesaid strict liability producing acts and omissions of Defendant Ryan, the Plaintiff’s insured sustained losses from real and personal property damage, the fair and reasonable value of which is an amount in excess of Four Hundred Fifty Thousand Dollars ($450,000.00). WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Four Hundred Fifty Thousand Dollars ($450,000.00), together with interest, the costs of this action, and such other and further relief as the Court may deem just and proper. AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT BREACH OF WARRANTY 27. Plaintiff incorporates by reference all of the allegations contained in paragraphs One (1) through Twenty-Six (26), above, as though more fully set forth at length herein. 28. At all times material hereto, Defendant Ryan impliedly and expressly warranted that the subject bed was of good and merchantable quality, fit for its particular purpose and free from defects. 29. Defendant, Ryan designed, manufactured, sold, assembled and/or distributed a dangerous bed that created a dangerous condition, which exposed Timo and her property to an unreasonable risk of harm. 8 of 10 FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 30. As a result of Defendant Ryan’s actions, Defendant Ryan breached its express and implied warranties, including its warranties of merchantability and fitness for a particular purpose. 31. As a direct and proximate result of the breach of these warranties by Defendant, Ryan, its employees, representatives, contractors, sub-contractors and/or agents, Ryan sustained real and personal property damage, the fair and reasonable value of which is in excess of Four Hundred Fifty Thousand Dollars ($450,000.00). 32. Plaintiff’s insured subsequently submitted a claim to UPC for reimbursement pursuant to the subject policy for damages sustained as a result of the subject fire. 33. Pursuant to the terms and conditions of the subject policy, UPC reimbursed Timo in an amount in excess of the fair and reasonable value of which is in excess of Four Hundred Fifty Thousand Dollars ($450,000.00). 34. By virtue of the aforesaid payments and pursuant to the terms of the subject insurance policy, UPC became subrogated, to the full extent of the payments made, to its insured’s rights of recovery arising out of the subject fire and is entitled to recover the same amount from Defendant named in this action. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of the fair and reasonable value of which is in excess of Four Hundred Fifty Thousand Dollars ($450,000.00), together with interest, the costs of this action, and such other and further relief as the Court may deem just and proper. 9 of 10 FILED: SUFFOLK COUNTY CLERK 03/25/2024 12:06 PM INDEX NO. 607418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 Dated: New York, New York March 25, 2024 COZEN O’CONNOR Attorneys for Plaintiff, By:_________________________ Kristy Miller, Esq. 3 WTC, 175 Greenwich Street, 55th Floor New York, New York 10007 (212) 453-3722 LEGAL\61571499\1 2407501/00542179 10 of 10