Preview
FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------x Index No.:
GERARD MCDONNELL,
Plaintiff, SUMMONS
Plaintiff designates
-against- New York County
as Place of Trial
RCPI LANDMARK PROPERTIES, L.L.C. and Basis of Venue
JRM CONSTRUCTION MANAGEMENT, LLC, Site of Accident
Defendants.
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TO THE ABOVE NAMED DEFENDANT(S):
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the
complaint in this action and to serve a copy of your answer on the plaintiff, at plaintiff’s
attorneys office, at the address set forth below and to do so within twenty (20) days after 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.
YOU ARE HEREBY NOTIFIED THAT should you fail to appear or answer, a
judgment will be entered against you by default for the relief demanded herein.
The nature of this action is for injuries sustained as a result of the defendant’s negligence
and violation of New York State Labor Law §§ 200, 240, and 241.
The relief sought is Monetary damages.
Dated: New York, NY
March 26, 2024
RUSSO LAW LLP
By: /s/ Matthew Russo
Attorneys for Plaintiff
60 E 42nd Street, Suite 4510
New York, NY 10165
(917) 675 - 6553
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Defendant(s):
RCPI LANDMARK PROPERTIES, L.L.C.: C/O TISHMAN SPEYER PROPERTIES, 45
ROCKEFELLER PLAZA, NEW YORK, NY, UNITED STATES, 10111
JRM CONSTRUCTION MANAGEMENT, LLC: 242 WEST 36TH STREET, 11TH
FLOOR, NEW YORK, NY, UNITED STATES, 10018
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------------x
GERARD MCDONNELL,
Index No.:
Plaintiff,
-against- VERIFIED COMPLAINT
RCPI LANDMARK PROPERTIES, L.L.C. and
JRM CONSTRUCTION MANAGEMENT, LLC,
Defendants.
--------------------------------------------------------------------------x
Plaintiff, GERARD MCDONNELL, by plaintiff’s attorneys, Russo Law LLP, complaining of
the defendants, upon information and belief, alleges:
1. That plaintiff, GERARD MCDONNELL (“MCDONNELL”) at all times relevant herein,
resides in the County of Sussex, State of New York.
AS AND FOR A FIRST CAUSE OF ACTION
2. That, at all times hereinafter mentioned, prior to and on July 13, 2021, defendant, RCPI
LANDMARK PROPERTIES, L.L.C. (“RCPI”), was and still is a foreign limited liability
company existing by virtue of and pursuant to the laws of the State of Delaware with its
principal place of business in New York County, State of New York.
3. That, at all times hereinafter mentioned, prior to and on July 13, 2021, defendant, RCPI was
and still is authorized to conduct business in the State of New York.
4. That, at all times hereinafter mentioned, prior to and on July 13, 2021, defendant, JRM
CONSTRUCTION MANAGEMENT, LLC (“JRM”), was and still is a domestic limited
liability company existing by virtue of and pursuant to the laws of the State of New York with
its principal place of business in New York County, State of New York.
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5. That, at all times hereinafter mentioned, RCPI owned the real property, the buildings and
structures erected thereon located at 50 Rockefeller Plaza, County and State of New York
(“premises”).
6. Upon information and belief, and at all times hereinafter mentioned, defendant, RCPI, by its
agents, servants, employees and/or licensees, operated the premises.
7. Upon information and belief, and all times hereinafter mentioned, defendant, RCPI, by its
agents, servants, employees and/or licensees, managed the premises.
8. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents,
servants, employees and/or licensees, controlled the aforementioned premises.
9. Upon information and belief, and at all times hereinafter mentioned, defendant, RCPI, by its
agents, servants, employees and/or licensees, maintained the aforementioned spremises.
10. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents,
servants, employees and/or licensees, inspected the aforementioned premises.
11. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents,
servants, employees and/or licensees, supervised the aforementioned premises.
12. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents,
servants, employees and/or licensees, managed, controlled, supervised, repaired, maintained,
inspected and made special use of the premises.
13. Upon information and belief, at all times hereafter mentioned, defendant, RCPI, by its agents,
servants, employees and/or licensees, managed, controlled, supervised, repaired, maintained,
inspected and made special use of the premises and real property and kept it in a condition
which was dangerous to all persons lawfully traversing and/or working thereat.
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14. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents,
servants, employees and/or licensees, exercised general supervision, direction and control over
the construction and/or renovation operations being performed at the premises.
15. Upon information and belief, and all times hereinafter mentioned, JRM, by its agents, servants,
and employees was contracted by defendant, RCPI as the general contractor at the premises.
16. Upon information and belief, and all times hereinafter mentioned, JRM, by its agents, servants,
employees was contracted by defendant, RCPI, as the construction and/or renovation manager
at the premises.
17. Upon information and belief, and all times hereinafter mentioned, JRM, by its agents, servants,
employees and/or licensees, and/or subcontractors, performed construction and/or renovation at
the premises.
18. Upon information and belief, at all times hereinafter mentioned, defendant, JRM, by its agents,
servants, employees and/or licensees, exercised general supervision, direction and control over
the construction operations being performed at the premises.
19. Upon information and belief, at all times hereinafter, defendant JRM, by its agents, servants,
employees and/or licensees had a duty to managed control, supervise, repair, maintain and
inspect the premises.
20. Upon information and belief, at all times hereinafter, defendant, JRM, by its agents, servants,
employees and/or licensees had a duty and obligation to keep the premises in a safe condition.
21. Upon information and belief, at all times hereinafter, defendant, JRM, by their agents, servants
and employees had a duty to supervise, direct, control and inspect the work being performed at
the premises.
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22. Upon information and belief, and at all times hereinafter mentioned, defendant, RCPI, by its
agents, servants, employees and/or licensees, exercised general supervision, direction and
control over the construction and/or renovation operations being performed at the premises.
23. Upon information and belief, and at all times hereinafter, defendant, RCPI, did engage various
subcontractors and working trades to perform certain work, labor and services in and about the
site to be constructed and/or renovated and in the area aforesaid and they did enter into written
contracts with them.
24. That at all times hereinafter mentioned, prior to and on or about July 13, 2021, defendant,
RCPI, by its agents, servants, employees and/or licensees, entered into a contract and/or
agreement in which it hired JRM as a contractor to perform work at the premises.
25. That, at all times hereinafter mentioned, JRM had an agreement with defendant, RCPI, herein
to perform work, labor and services at the premises.
26. Upon information and belief, and at all times herein mentioned, JRM, entered into a contract
and/or agreement with defendant, RCPI, to provide on-site safety management and
coordination.
27. Defendants had, or should have had, on the job site various supervising personnel, with regard
to certain safety features and procedures which were then in force and effect and promulgated
by the defendants and others, in their employ, and maintained various safety supervisors,
equipment, materials and agents, servants and employees upon the job site thereat to insure the
safety of those persons who performed work, labor and services on such job site and of the
plaintiff.
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28. Upon information and belief, at all times hereinafter mentioned, defendant, JRM, by its agents,
servants, employees and/or licensees, exercised general supervision, direction and control over
the construction operations being performed at the premises.
29. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents,
servants, employees and/or licensees, exercised general supervision, direction and control over
the construction operations being performed at the premises.
30. Upon information and belief, at all times hereinafter, defendant JRM, by its agents, servants,
employees and/or licensees had a duty to managed control, supervise, repair, maintain and
inspect the premises.
31. Upon information and belief, at all times hereinafter, defendant RCPI, by its agents, servants,
employees and/or licensees had a duty to managed control, supervise, repair, maintain and
inspect the premises.
32. Upon information and belief, at all times hereinafter, defendant, JRM, by its agents, servants,
employees and/or licensees had a duty and obligation to keep the premises in a safe condition.
33. Upon information and belief, at all times hereinafter, defendant, JRM, by their agents, servants
and employees had a duty to supervise, direct, control and inspect the work being performed at
the premises.
34. Upon information and belief, at all times hereinafter, defendant, JRM, by its agents, servants
and/or employees had a duty and obligation to those persons who performed work, labor and
services on such job site thereat to ensure their safety and more particularly plaintiff herein.
35. Upon information and belief, at all times hereinafter, defendant, RCPI, by its agents, servants,
employees and/or licensees had a duty and obligation to keep the premises in a safe condition.
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36. Upon information and belief, at all times hereinafter, defendant, RCPI, by their agents, servants
and employees had a duty to supervise, direct, control and inspect the work being performed at
the premises.
37. Upon information and belief, at all times hereinafter, defendant, RCPI, by its agents, servants
and/or employees had a duty and obligation to those persons who performed work, labor and
services on such job site thereat to ensure their safety and more particularly plaintiff herein.
38. That defendant, JRM, hired COMPLETE CONSTRUCTION CONTRACTING CORP.,
with an office located at 214 W. 29th Street, Room 1201, New York, NY 10001
(“COMPLETE”) to demolish, repair, construct, and/or alter a building on the premises.
39. That defendant, RCPI, hired COMPLETE to demolish, repair, construct, and/or alter a
building on the premises.
40. Upon information and belief, at all times hereinafter mentioned, defendant, JRM, by its agents,
servants, employees and/or licensees, entered into a contract and/or agreement with
COMPLETE as a contractor to perform work at the premises.
41. Upon information and belief, at all times hereafter mentioned, prior to and on July 13, 2021,
COMPLETE, a contracting firm, did enter into an agreement and/or contract with defendant,
JRM.
42. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents,
servants, employees and/or licensees, entered into a contract and/or agreement with
COMPLETE as a contractor to perform work at the premises.
43. Upon information and belief, at all times hereafter mentioned, prior to and on July 13, 2021,
COMPLETE, a contracting firm, did enter into an agreement and/or contract with defendant,
RCPI.
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44. That on July 13, 2021, the plaintiff, MCDONNELL, was employed by COMPLETE in the
capacity of a worker.
45. That on July 13, 2021, the plaintiff, MCDONNELL, was employed by COMPLETE in the
capacity of a carpenter.
46. On July 13, 2021, the plaintiff, MCDONNELL, was working at the premises in the course and
scope of his employment with COMPLETE.
47. That on July 13, 2021, the plaintiff, MCDONNELL, was working on a ladder.
48. That on July 13, 2021, while the plaintiff, MCDONNELL, was working on a ladder when he
was caused to fall from said ladder and sustain serious injuries due to the negligence and
carelessness of the defendants.
49. That, at all times hereinafter mentioned, defendant, RCPI, was statutorily obligated to provide
plaintiff with proper safety equipment.
50. That, at all times hereinafter mentioned, defendant, RCPI, was statutorily obligated to provide
plaintiff with a safe and proper place to work.
51. That, at all times hereinafter mentioned, defendant, JRM, was statutorily obligated to provide
plaintiff with proper safety equipment.
52. That, at all times hereinafter mentioned, defendant, JRM, was statutorily obligated to provide
plaintiff with a safe and proper place to work.
53. Upon information and belief, the aforesaid occurrence was due to the negligence, carelessness,
culpable conduct and recklessness of the defendants, their agents, servants and/or employees in
and about the ownership, maintenance, management, possession and/or control of the premises,
including the building and its interior and exterior areas, walls, appurtenances erected thereon
and affixed thereto; in failing and omitting to keep and maintain each and all of the aforesaid
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places and areas in a reasonably safe, proper, suitable and fit condition for their intended and
foreseeable uses and purposes; in failing and omitting to provide the plaintiff with a safe and
proper place to work; in failing and omitting to furnish devices so constructed, placed, operated,
maintained, managed and controlled so as to give and afford proper protection to the lives and
limbs of persons lawfully upon the premises, including the plaintiff; in failing and omitting to
provide and furnish areas and places for the performance of work, labor and services which
were so constructed, shored, supported, equipped, guarded, arranged, operated and conducted as
to provide adequate protection and safety to persons employed about the premises, including the
plaintiff; in failing to supply plaintiff with a reasonably safe, proper, suitable and fit ladder that
was in good condition; in failing to properly place the ladder; in allowing an unsecured ladder;
in failing to secure the ladder; in failing to insure that the ladder remained stable and erect while
plaintiff was working on it; in failing to provide a ladder with nonskid devices; in failing to
protect plaintiff and others with protection from falling; in failing to correct the hazardous,
unsafe and dangerous condition of the ladder and its instrumentalities; in failing to properly hire
and/or retain competent contractors and personnel to supervise and control, but not limited to,
the work at said premises; in failing to adequately and properly monitor the project for
compliance with all safety related items; in failing to adequately and properly conduct safety
inspections; in failing to comply with and/or ensure compliance with all OSHA regulations, and
common site safety practices; in failing to adequately and properly supervise the work being
done at the premises; in failing to adequately and properly inspect the work being done at the
premises; in failing to adequately and properly safeguard the work area and/or to ensure the that
the area was properly safeguarded; in failing to ensure that the work was adequately and
properly designed, fabricated, erected, supported, braced and maintained; in failing to
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adequately and properly protect the work area and/or to ensure that the work area was
adequately and properly protected; in failing to ensure that adequate and proper fall protection
as provided and in place at the time of the within incident; in failing to provide plaintiff with a
harness, safety belt, tail line or lifeline; in failing to hire or employ representatives familiar with,
trained in and experienced in the scope of work provided for in the contract and/or agreement;
in violating Federal OSHA and New York City Administrative Code, Regulations, Statutes,
Rules, Laws and Ordinances, and including further but not limited to Sections 200, 240 and 241
of the New York State Labor Law. That the aforesaid acts and omissions constitute wanton and
reckless misconduct.
54. Defendant, RCPI, had knowledge and notice of the unsafe, hazardous, dangerous, defective
and/or trap-like condition existing thereat.
55. Defendant, RCPI, had actual notice of the unsafe, hazardous, dangerous, defective and/or trap-
like condition existing thereat.
56. Defendant, RCPI, had constructive notice of the unsafe, hazardous, dangerous, defective and/or
trap-like condition existing thereat.
57. Defendant, RCPI, caused and/or created the unsafe, hazardous, dangerous, defective and/or
trap-like condition existing thereat.
58. Defendant, JRM, had knowledge and notice of the unsafe, hazardous, dangerous, defective
and/or trap-like condition existing thereat.
59. Defendant, JRM, had actual notice of the unsafe, hazardous, dangerous, defective and/or trap-
like condition existing thereat.
60. Defendant, JRM, had constructive notice of the unsafe, hazardous, dangerous, defective and/or
trap-like condition existing thereat.
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61. Defendant, JRM, caused and/or created the unsafe, hazardous, dangerous, defective and/or trap-
like condition existing thereat.
62. By reason of the foregoing, plaintiff, MCDONNELL, suffered severe personal injuries to his
limbs, and body, a severe shock to his nervous system, certain internal injuries, and conscious
pain and suffering.
63. That plaintiff, MCDONNELL, was rendered sick, sore, lame and disabled.
64. That plaintiff, MCDONNELL, suffered injuries both internal and external, pain and mental
anguish.
65. That plaintiff, MCDONNELL, was and will be compelled to spend money and incur
obligations for medical attention and medicine.
66. That the plaintiff, MCDONNELL, upon information and belief, will seek medical care and
attention in the future.
67. That the plaintiff, MCDONNELL, has been and will be unable to attend to his usual
occupation, activities and duties.
68. By reason of the foregoing, plaintiff, MCDONNELL, has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts which otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
69. Plaintiff repeats, reiterates and realleges each and every allegation contained above in
paragraphs "1" through "68," inclusive with the same force and effect as if hereinafter set forth
at length.
70. The foregoing occurrence constituted a breach and violation by said defendants of the aforesaid
provisions of law, including applicable Federal OSHA and New York Administrative Code,
Regulations, Statutes, Rules, Laws and Ordinances then and there prevailing, and including
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further but not limited to Sections 200, 240 and 241 of the New York State Labor Law, as well
as Official Regulations, Rules and Ordinances promulgated there under.
71. That defendants failed to comply with New York State Labor Law §§200, 240 and 241 as well
as the applicable provisions of the United States Occupational Safety and Health, including but
not limited to OSHA Code Sections: a) 1926.451 the New York State Industrial Code and other
applicable laws, rules and regulations.
72. That defendants failed to failed to provide plaintiff with a properly constructed and safe
elevated work platform in violation of Labor Law Section 240(1) of the State of New York;
failed to provide plaintiff with a safe place to work in violation of Labor Law Section 200; and
violated Industrial Code Rule 23, including but not limited to, 23-1.5, 23-1.7, 23-1.21, and thus
failed to provide reasonable and adequate protection to plaintiff in violation of Labor Law
241(6).
73. By reason of the foregoing, defendants are absolutely and strictly liable to plaintiff herein.
74. By reason of the foregoing, plaintiff, MCDONNELL, has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts which otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION
75. Plaintiff repeats, reiterates and realleges each and every allegation contained in Paragraphs of
this Complaint numbered "1" through "74," inclusive with the same force and effect as if
hereinafter set forth at length.
76. By reason of the foregoing, plaintiff, MCDONNELL, was caused to sustain severe physical
pain and mental anguish from the time of this accident until present.
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77. By reason of the foregoing, plaintiff, MCDONNELL, demands judgment for his pain and
suffering in compensatory damages and punitive damages in an amount which exceeds the
jurisdictional limits of all lower courts which otherwise have jurisdiction.
WHEREFORE, plaintiff demands judgment of the defendants, in the First, Second
and Third Causes of Action, together with costs and disbursements of this action.
Dated: New York, NY
March 26, 2024
RUSSO LAW LLP
By: /s/ Matthew Russo
Attorneys for Plaintiff
60 E 42nd Street, Suite 4510
New York, NY 10165
(917) 675 - 6553
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Attorney Verification
I, Matthew Russo, Esq., of Russo Law LLP, hereby state that I am an attorney admitted
to practice in the courts of New York State, and I am an attorney at Russo Law LLP, the
attorneys of record for the plaintiff herein. I have read the annexed Summons and Verified
Complaint, know the contents thereof and the same are true to my knowledge, except those
matters therein which are stated to be alleged on 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, are
based upon the following: all documents, records and papers kept on file in deponent's office.
The reason I make this affirmation instead of plaintiff, GERARD MCDONNELL, is
because said plaintiff resides outside the County wherein I maintain my office.
Dated: New York, NY
March 26, 2024
RUSSO LAW LLP
By: /s/ Matthew Russo
Attorneys for Plaintiff
60 E 42nd Street, Suite 4510
New York, NY 10165
(917) 675 - 6553
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Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
GERARD MCDONNELL,
Plaintiff,
-against-
RCPI LANDMARK PROPERTIES, L.L.C. and JRM CONSTRUCTION MANAGEMENT,
LLC,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
RUSSO LAW LLP
Attorneys for Plaintiff(s)
60 E. 42nd STREET, SUITE 4510
NEW YORK, NEW YORK 10165
(917) 675-6553
To Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE that the within is a true copy of an Order signed by the Hon.
that was entered in the office of the clerk of the within named Court on
NOTICE OF ENTRY
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that an Order of which the within is a true copy will be presented for settlement to
the Hon. one of the judges of the within named Court for signature on
Dated: New York, NY
NOTICE OF SETTLEMENT
---------------------------------------------------------------------------------------------------------------------
RUSSO LAW LLP
Attorneys for Plaintiff(s)
60 E. 42nd STREET, SUITE 4510
NEW YORK, NEW YORK 10165
(917) 675-6553
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Preview
FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x Index No.: GERARD MCDONNELL, Plaintiff, SUMMONS Plaintiff designates -against- New York County as Place of Trial RCPI LANDMARK PROPERTIES, L.L.C. and Basis of Venue JRM CONSTRUCTION MANAGEMENT, LLC, Site of Accident Defendants. -----------------------------------------------------------------x TO THE ABOVE NAMED DEFENDANT(S): PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff, at plaintiff’s attorneys office, at the address set forth below and to do so within twenty (20) days after 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. YOU ARE HEREBY NOTIFIED THAT should you fail to appear or answer, a judgment will be entered against you by default for the relief demanded herein. The nature of this action is for injuries sustained as a result of the defendant’s negligence and violation of New York State Labor Law §§ 200, 240, and 241. The relief sought is Monetary damages. Dated: New York, NY March 26, 2024 RUSSO LAW LLP By: /s/ Matthew Russo Attorneys for Plaintiff 60 E 42nd Street, Suite 4510 New York, NY 10165 (917) 675 - 6553 1 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 Defendant(s): RCPI LANDMARK PROPERTIES, L.L.C.: C/O TISHMAN SPEYER PROPERTIES, 45 ROCKEFELLER PLAZA, NEW YORK, NY, UNITED STATES, 10111 JRM CONSTRUCTION MANAGEMENT, LLC: 242 WEST 36TH STREET, 11TH FLOOR, NEW YORK, NY, UNITED STATES, 10018 2 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------x GERARD MCDONNELL, Index No.: Plaintiff, -against- VERIFIED COMPLAINT RCPI LANDMARK PROPERTIES, L.L.C. and JRM CONSTRUCTION MANAGEMENT, LLC, Defendants. --------------------------------------------------------------------------x Plaintiff, GERARD MCDONNELL, by plaintiff’s attorneys, Russo Law LLP, complaining of the defendants, upon information and belief, alleges: 1. That plaintiff, GERARD MCDONNELL (“MCDONNELL”) at all times relevant herein, resides in the County of Sussex, State of New York. AS AND FOR A FIRST CAUSE OF ACTION 2. That, at all times hereinafter mentioned, prior to and on July 13, 2021, defendant, RCPI LANDMARK PROPERTIES, L.L.C. (“RCPI”), was and still is a foreign limited liability company existing by virtue of and pursuant to the laws of the State of Delaware with its principal place of business in New York County, State of New York. 3. That, at all times hereinafter mentioned, prior to and on July 13, 2021, defendant, RCPI was and still is authorized to conduct business in the State of New York. 4. That, at all times hereinafter mentioned, prior to and on July 13, 2021, defendant, JRM CONSTRUCTION MANAGEMENT, LLC (“JRM”), was and still is a domestic limited liability company existing by virtue of and pursuant to the laws of the State of New York with its principal place of business in New York County, State of New York. 3 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 5. That, at all times hereinafter mentioned, RCPI owned the real property, the buildings and structures erected thereon located at 50 Rockefeller Plaza, County and State of New York (“premises”). 6. Upon information and belief, and at all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, operated the premises. 7. Upon information and belief, and all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, managed the premises. 8. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, controlled the aforementioned premises. 9. Upon information and belief, and at all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, maintained the aforementioned spremises. 10. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, inspected the aforementioned premises. 11. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, supervised the aforementioned premises. 12. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, managed, controlled, supervised, repaired, maintained, inspected and made special use of the premises. 13. Upon information and belief, at all times hereafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, managed, controlled, supervised, repaired, maintained, inspected and made special use of the premises and real property and kept it in a condition which was dangerous to all persons lawfully traversing and/or working thereat. 4 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 14. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, exercised general supervision, direction and control over the construction and/or renovation operations being performed at the premises. 15. Upon information and belief, and all times hereinafter mentioned, JRM, by its agents, servants, and employees was contracted by defendant, RCPI as the general contractor at the premises. 16. Upon information and belief, and all times hereinafter mentioned, JRM, by its agents, servants, employees was contracted by defendant, RCPI, as the construction and/or renovation manager at the premises. 17. Upon information and belief, and all times hereinafter mentioned, JRM, by its agents, servants, employees and/or licensees, and/or subcontractors, performed construction and/or renovation at the premises. 18. Upon information and belief, at all times hereinafter mentioned, defendant, JRM, by its agents, servants, employees and/or licensees, exercised general supervision, direction and control over the construction operations being performed at the premises. 19. Upon information and belief, at all times hereinafter, defendant JRM, by its agents, servants, employees and/or licensees had a duty to managed control, supervise, repair, maintain and inspect the premises. 20. Upon information and belief, at all times hereinafter, defendant, JRM, by its agents, servants, employees and/or licensees had a duty and obligation to keep the premises in a safe condition. 21. Upon information and belief, at all times hereinafter, defendant, JRM, by their agents, servants and employees had a duty to supervise, direct, control and inspect the work being performed at the premises. 5 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 22. Upon information and belief, and at all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, exercised general supervision, direction and control over the construction and/or renovation operations being performed at the premises. 23. Upon information and belief, and at all times hereinafter, defendant, RCPI, did engage various subcontractors and working trades to perform certain work, labor and services in and about the site to be constructed and/or renovated and in the area aforesaid and they did enter into written contracts with them. 24. That at all times hereinafter mentioned, prior to and on or about July 13, 2021, defendant, RCPI, by its agents, servants, employees and/or licensees, entered into a contract and/or agreement in which it hired JRM as a contractor to perform work at the premises. 25. That, at all times hereinafter mentioned, JRM had an agreement with defendant, RCPI, herein to perform work, labor and services at the premises. 26. Upon information and belief, and at all times herein mentioned, JRM, entered into a contract and/or agreement with defendant, RCPI, to provide on-site safety management and coordination. 27. Defendants had, or should have had, on the job site various supervising personnel, with regard to certain safety features and procedures which were then in force and effect and promulgated by the defendants and others, in their employ, and maintained various safety supervisors, equipment, materials and agents, servants and employees upon the job site thereat to insure the safety of those persons who performed work, labor and services on such job site and of the plaintiff. 6 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 28. Upon information and belief, at all times hereinafter mentioned, defendant, JRM, by its agents, servants, employees and/or licensees, exercised general supervision, direction and control over the construction operations being performed at the premises. 29. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, exercised general supervision, direction and control over the construction operations being performed at the premises. 30. Upon information and belief, at all times hereinafter, defendant JRM, by its agents, servants, employees and/or licensees had a duty to managed control, supervise, repair, maintain and inspect the premises. 31. Upon information and belief, at all times hereinafter, defendant RCPI, by its agents, servants, employees and/or licensees had a duty to managed control, supervise, repair, maintain and inspect the premises. 32. Upon information and belief, at all times hereinafter, defendant, JRM, by its agents, servants, employees and/or licensees had a duty and obligation to keep the premises in a safe condition. 33. Upon information and belief, at all times hereinafter, defendant, JRM, by their agents, servants and employees had a duty to supervise, direct, control and inspect the work being performed at the premises. 34. Upon information and belief, at all times hereinafter, defendant, JRM, by its agents, servants and/or employees had a duty and obligation to those persons who performed work, labor and services on such job site thereat to ensure their safety and more particularly plaintiff herein. 35. Upon information and belief, at all times hereinafter, defendant, RCPI, by its agents, servants, employees and/or licensees had a duty and obligation to keep the premises in a safe condition. 7 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 36. Upon information and belief, at all times hereinafter, defendant, RCPI, by their agents, servants and employees had a duty to supervise, direct, control and inspect the work being performed at the premises. 37. Upon information and belief, at all times hereinafter, defendant, RCPI, by its agents, servants and/or employees had a duty and obligation to those persons who performed work, labor and services on such job site thereat to ensure their safety and more particularly plaintiff herein. 38. That defendant, JRM, hired COMPLETE CONSTRUCTION CONTRACTING CORP., with an office located at 214 W. 29th Street, Room 1201, New York, NY 10001 (“COMPLETE”) to demolish, repair, construct, and/or alter a building on the premises. 39. That defendant, RCPI, hired COMPLETE to demolish, repair, construct, and/or alter a building on the premises. 40. Upon information and belief, at all times hereinafter mentioned, defendant, JRM, by its agents, servants, employees and/or licensees, entered into a contract and/or agreement with COMPLETE as a contractor to perform work at the premises. 41. Upon information and belief, at all times hereafter mentioned, prior to and on July 13, 2021, COMPLETE, a contracting firm, did enter into an agreement and/or contract with defendant, JRM. 42. Upon information and belief, at all times hereinafter mentioned, defendant, RCPI, by its agents, servants, employees and/or licensees, entered into a contract and/or agreement with COMPLETE as a contractor to perform work at the premises. 43. Upon information and belief, at all times hereafter mentioned, prior to and on July 13, 2021, COMPLETE, a contracting firm, did enter into an agreement and/or contract with defendant, RCPI. 8 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 44. That on July 13, 2021, the plaintiff, MCDONNELL, was employed by COMPLETE in the capacity of a worker. 45. That on July 13, 2021, the plaintiff, MCDONNELL, was employed by COMPLETE in the capacity of a carpenter. 46. On July 13, 2021, the plaintiff, MCDONNELL, was working at the premises in the course and scope of his employment with COMPLETE. 47. That on July 13, 2021, the plaintiff, MCDONNELL, was working on a ladder. 48. That on July 13, 2021, while the plaintiff, MCDONNELL, was working on a ladder when he was caused to fall from said ladder and sustain serious injuries due to the negligence and carelessness of the defendants. 49. That, at all times hereinafter mentioned, defendant, RCPI, was statutorily obligated to provide plaintiff with proper safety equipment. 50. That, at all times hereinafter mentioned, defendant, RCPI, was statutorily obligated to provide plaintiff with a safe and proper place to work. 51. That, at all times hereinafter mentioned, defendant, JRM, was statutorily obligated to provide plaintiff with proper safety equipment. 52. That, at all times hereinafter mentioned, defendant, JRM, was statutorily obligated to provide plaintiff with a safe and proper place to work. 53. Upon information and belief, the aforesaid occurrence was due to the negligence, carelessness, culpable conduct and recklessness of the defendants, their agents, servants and/or employees in and about the ownership, maintenance, management, possession and/or control of the premises, including the building and its interior and exterior areas, walls, appurtenances erected thereon and affixed thereto; in failing and omitting to keep and maintain each and all of the aforesaid 9 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 places and areas in a reasonably safe, proper, suitable and fit condition for their intended and foreseeable uses and purposes; in failing and omitting to provide the plaintiff with a safe and proper place to work; in failing and omitting to furnish devices so constructed, placed, operated, maintained, managed and controlled so as to give and afford proper protection to the lives and limbs of persons lawfully upon the premises, including the plaintiff; in failing and omitting to provide and furnish areas and places for the performance of work, labor and services which were so constructed, shored, supported, equipped, guarded, arranged, operated and conducted as to provide adequate protection and safety to persons employed about the premises, including the plaintiff; in failing to supply plaintiff with a reasonably safe, proper, suitable and fit ladder that was in good condition; in failing to properly place the ladder; in allowing an unsecured ladder; in failing to secure the ladder; in failing to insure that the ladder remained stable and erect while plaintiff was working on it; in failing to provide a ladder with nonskid devices; in failing to protect plaintiff and others with protection from falling; in failing to correct the hazardous, unsafe and dangerous condition of the ladder and its instrumentalities; in failing to properly hire and/or retain competent contractors and personnel to supervise and control, but not limited to, the work at said premises; in failing to adequately and properly monitor the project for compliance with all safety related items; in failing to adequately and properly conduct safety inspections; in failing to comply with and/or ensure compliance with all OSHA regulations, and common site safety practices; in failing to adequately and properly supervise the work being done at the premises; in failing to adequately and properly inspect the work being done at the premises; in failing to adequately and properly safeguard the work area and/or to ensure the that the area was properly safeguarded; in failing to ensure that the work was adequately and properly designed, fabricated, erected, supported, braced and maintained; in failing to 10 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 adequately and properly protect the work area and/or to ensure that the work area was adequately and properly protected; in failing to ensure that adequate and proper fall protection as provided and in place at the time of the within incident; in failing to provide plaintiff with a harness, safety belt, tail line or lifeline; in failing to hire or employ representatives familiar with, trained in and experienced in the scope of work provided for in the contract and/or agreement; in violating Federal OSHA and New York City Administrative Code, Regulations, Statutes, Rules, Laws and Ordinances, and including further but not limited to Sections 200, 240 and 241 of the New York State Labor Law. That the aforesaid acts and omissions constitute wanton and reckless misconduct. 54. Defendant, RCPI, had knowledge and notice of the unsafe, hazardous, dangerous, defective and/or trap-like condition existing thereat. 55. Defendant, RCPI, had actual notice of the unsafe, hazardous, dangerous, defective and/or trap- like condition existing thereat. 56. Defendant, RCPI, had constructive notice of the unsafe, hazardous, dangerous, defective and/or trap-like condition existing thereat. 57. Defendant, RCPI, caused and/or created the unsafe, hazardous, dangerous, defective and/or trap-like condition existing thereat. 58. Defendant, JRM, had knowledge and notice of the unsafe, hazardous, dangerous, defective and/or trap-like condition existing thereat. 59. Defendant, JRM, had actual notice of the unsafe, hazardous, dangerous, defective and/or trap- like condition existing thereat. 60. Defendant, JRM, had constructive notice of the unsafe, hazardous, dangerous, defective and/or trap-like condition existing thereat. 11 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 61. Defendant, JRM, caused and/or created the unsafe, hazardous, dangerous, defective and/or trap- like condition existing thereat. 62. By reason of the foregoing, plaintiff, MCDONNELL, suffered severe personal injuries to his limbs, and body, a severe shock to his nervous system, certain internal injuries, and conscious pain and suffering. 63. That plaintiff, MCDONNELL, was rendered sick, sore, lame and disabled. 64. That plaintiff, MCDONNELL, suffered injuries both internal and external, pain and mental anguish. 65. That plaintiff, MCDONNELL, was and will be compelled to spend money and incur obligations for medical attention and medicine. 66. That the plaintiff, MCDONNELL, upon information and belief, will seek medical care and attention in the future. 67. That the plaintiff, MCDONNELL, has been and will be unable to attend to his usual occupation, activities and duties. 68. By reason of the foregoing, plaintiff, MCDONNELL, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 69. Plaintiff repeats, reiterates and realleges each and every allegation contained above in paragraphs "1" through "68," inclusive with the same force and effect as if hereinafter set forth at length. 70. The foregoing occurrence constituted a breach and violation by said defendants of the aforesaid provisions of law, including applicable Federal OSHA and New York Administrative Code, Regulations, Statutes, Rules, Laws and Ordinances then and there prevailing, and including 12 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 further but not limited to Sections 200, 240 and 241 of the New York State Labor Law, as well as Official Regulations, Rules and Ordinances promulgated there under. 71. That defendants failed to comply with New York State Labor Law §§200, 240 and 241 as well as the applicable provisions of the United States Occupational Safety and Health, including but not limited to OSHA Code Sections: a) 1926.451 the New York State Industrial Code and other applicable laws, rules and regulations. 72. That defendants failed to failed to provide plaintiff with a properly constructed and safe elevated work platform in violation of Labor Law Section 240(1) of the State of New York; failed to provide plaintiff with a safe place to work in violation of Labor Law Section 200; and violated Industrial Code Rule 23, including but not limited to, 23-1.5, 23-1.7, 23-1.21, and thus failed to provide reasonable and adequate protection to plaintiff in violation of Labor Law 241(6). 73. By reason of the foregoing, defendants are absolutely and strictly liable to plaintiff herein. 74. By reason of the foregoing, plaintiff, MCDONNELL, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION 75. Plaintiff repeats, reiterates and realleges each and every allegation contained in Paragraphs of this Complaint numbered "1" through "74," inclusive with the same force and effect as if hereinafter set forth at length. 76. By reason of the foregoing, plaintiff, MCDONNELL, was caused to sustain severe physical pain and mental anguish from the time of this accident until present. 13 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 77. By reason of the foregoing, plaintiff, MCDONNELL, demands judgment for his pain and suffering in compensatory damages and punitive damages in an amount which exceeds the jurisdictional limits of all lower courts which otherwise have jurisdiction. WHEREFORE, plaintiff demands judgment of the defendants, in the First, Second and Third Causes of Action, together with costs and disbursements of this action. Dated: New York, NY March 26, 2024 RUSSO LAW LLP By: /s/ Matthew Russo Attorneys for Plaintiff 60 E 42nd Street, Suite 4510 New York, NY 10165 (917) 675 - 6553 14 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 Attorney Verification I, Matthew Russo, Esq., of Russo Law LLP, hereby state that I am an attorney admitted to practice in the courts of New York State, and I am an attorney at Russo Law LLP, the attorneys of record for the plaintiff herein. I have read the annexed Summons and Verified Complaint, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on 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, are based upon the following: all documents, records and papers kept on file in deponent's office. The reason I make this affirmation instead of plaintiff, GERARD MCDONNELL, is because said plaintiff resides outside the County wherein I maintain my office. Dated: New York, NY March 26, 2024 RUSSO LAW LLP By: /s/ Matthew Russo Attorneys for Plaintiff 60 E 42nd Street, Suite 4510 New York, NY 10165 (917) 675 - 6553 15 of 16 FILED: NEW YORK COUNTY CLERK 03/26/2024 04:37 PM INDEX NO. 152779/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GERARD MCDONNELL, Plaintiff, -against- RCPI LANDMARK PROPERTIES, L.L.C. and JRM CONSTRUCTION MANAGEMENT, LLC, Defendants. SUMMONS AND VERIFIED COMPLAINT RUSSO LAW LLP Attorneys for Plaintiff(s) 60 E. 42nd STREET, SUITE 4510 NEW YORK, NEW YORK 10165 (917) 675-6553 To Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE that the within is a true copy of an Order signed by the Hon. that was entered in the office of the clerk of the within named Court on NOTICE OF ENTRY --------------------------------------------------------------------------------------------------------------------- that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court for signature on Dated: New York, NY NOTICE OF SETTLEMENT --------------------------------------------------------------------------------------------------------------------- RUSSO LAW LLP Attorneys for Plaintiff(s) 60 E. 42nd STREET, SUITE 4510 NEW YORK, NEW YORK 10165 (917) 675-6553 16 of 16