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FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------------------------------X SUMMONS
KINGSTONE INSURANCE COMPANY
as subrogee of WILLIAM DILGARD Index No.:
and ROSEMARY DILGARD,
The basis of venue is:
Place of occurrence.
Plaintiff,
-against- Plaintiff designates SUFFOLK
COUNTY as the place of trial.
WATTS WATER TECHNOLOGIES, INC.,
Defendant.
----------------------------------------------------------X
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 Attorney(s) within 20 days after the service of this summons, exclusive
of the date of service (or within 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 or answer,
judgment will be taken against you by default for the relief demanded in the complaint.
Dated: Melville, New York
May 29, 2024
Yours, etc.,
/s/ Carl J Princi
The Law Office of Jason Tenenbaum. P.C.
By Carl J. Princi, Esq.
Attorneys for Plaintiff
35 Pinelawn Road, Suite 105E
Melville, New York 11747
(516) 750-0595
File #: 9600-0073
To :
WATTS WATER TECHNOLOGIES, INC.
Corporate Headquarters
815 Chestnut Street
North Andover, MA 01845
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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KINGSTONE INSURANCE COMPANY,
as subrogee of WILLIAM DILGARD
and ROSEMARY DILGARD, COMPLAINT
Plaintiff,
Index No.:
-against-
WATTS WATER TECHNOLOGIES, INC.,
Defendants
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The Plaintiff, by and through its attorneys, THE LAW OFFICE OF JASON
TENENBAUM, P.C., as and for their Complaint against the defendants, alleges the following upon
information and belief:
1. At all times hereinafter mentioned, the plaintiff, KINGSTON INSURANCE
COMPANY, was and still is a domestic corporation organized and existing under the laws of the
State of New York.
2. At all times hereinafter mentioned, the plaintiff, KINGSTON INSURANCE
COMPANY, was and still is authorized to transact business in the State of New York.
3. At all times hereinafter mentioned, the defendant, WATTS WATER
TECHNOLOGIES, INC., was and still is a domestic corporation organized and existing under the
laws of the State of New York.
4. At all times hereinafter mentioned, the defendant, WATTS WATER
TECHNOLOGIES, INC., was and still is a foreign corporation authorized to do business in the
State of New York.
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5. At all times hereinafter mentioned, the defendant, WATTS WATER
TECHNOLOGIES, INC., transacted business in the State of New York.
6. At all times hereinafter mentioned, the defendant, WATTS WATER
TECHNOLOGIES, INC., contracted to supply goods or services in the State of New York.
7. On or about June 11, 2021, plaintiff KINGSTON INSURANCE COMPANY
maintained an insurance policy regarding its subrogees WILLIAM DILGARD and ROSEMARY
DILGARD’s property located at 7 Mill Place, Hampton Bays, Suffolk County, New York, under
policy number HO3034981-08.
8. Prior to June 11, 2021, plaintiff’s subrogees, WILLIAM DILGARD and
ROSEMARY DILGARD, purchased a stainless steel braid-reinforced flexible water supply line
connector for use at the property located at 7 Mill Place, Hampton Bays, Suffolk County, New
York.
9. The stainless steel braid-reinforced flexible water supply line connector purchased
by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was designed by
defendant WATTS WATER TECHNOLOGIES, INC.
10. The stainless steel braid-reinforced flexible water supply line connector purchased
by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was manufactured
by defendant WATTS WATER TECHNOLOGIES, INC.
11. The stainless steel braid-reinforced flexible water supply line connector purchased
by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was assembled by
defendant WATTS WATER TECHNOLOGIES, INC.
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12. The stainless steel braid-reinforced flexible water supply line connector purchased
by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was sold by
defendant WATTS WATER TECHNOLOGIES, INC.
13. The stainless steel braid-reinforced flexible water supply line connector purchased
by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was distributed by
defendant WATTS WATER TECHNOLOGIES, INC.
14. The stainless steel braid-reinforced flexible water supply line connector purchased
by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was warranted by
defendant WATTS WATER TECHNOLOGIES, INC. as safe for its intended use.
15. On or about June 11, 2021, plaintiff’s subrogors, WILLIAM DILGARD and
ROSEMARY DILGARD, utilized the subject stainless steel braid-reinforced flexible water supply
line connector in a bathroom in their home located at 7 Mill Place, Hampton Bays, Suffolk County,
New York.
16. On or about June 11, 2021, plaintiff’s subrogors, WILLIAM DILGARD and
ROSEMARY DILGARD, utilized the subject stainless steel braid-reinforced flexible water supply
line connector in their home located at 7 Mill Place, Hampton Bays, Suffolk County, New York,
as the product was intended.
17. On or about June 11, 2021, plaintiff received notice of a water leak and significant
flooding in the subrogors’ home located at 7 Mill Place, Hampton Bays, Suffolk County, New
York.
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18. The subject water leak originated in the upstairs bathroom and was caused by the
failure of the WATTS WATER TECHNOLOGIES, INC., stainless steel braid-reinforced flexible
water supply line connector, which resulted in damage to the plaintiff’s subrogors’ home located
at 7 Mill Place, Hampton Bays, Suffolk County, New York.
19. As a result of the aforementioned flooding, the plaintiff’s subrogors real and
personal property suffered damages in the amount of at least $291,607.97.
20. Due to the damage sustained at the property located at 7 Mill Place, Hampton Bays,
Suffolk County, New York, an insurance claim was made to the subrogors’ insurance company,
KINGSTONE INSURANCE COMPANY.
21. Plaintiff, KINGSTON INSURANCE COMPANY, assigned claim number
HOP03580NY to the loss that occurred on or about June 11, 2021.
22. Plaintiff, KINGSTONE INSURANCE COMPANY, paid the claim regarding the
damages sustained at their insureds’, WILLIAM DILGARD and ROSEMARY DILGARD’s,
property located at 7 Mill Place, Hampton Bays, Suffolk County, New York.
23. That by virtue of said payment and, in accordance with the provision contained in
its insurance policy, plaintiff, KINGSTONE INSURANCE COMPANY, became subrogated to all
of the subrogors’ rights to recover against defendant, WATTS WATER TECHNOLOGIES, INC.
FIRST CAUSE OF ACTION – NEGLIGENCE
24. Plaintiff repeats and reiterates each and every allegation as if originally set forth
herein in paragraph 1 through 23.
25. That the aforementioned loss that occurred on or about June 11, 2021, was the direct
and proximate result of the negligence of the defendant, WATTS WATER TECHNOLOGIES,
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INC., their agents, servants, and/or employees, in the design, manufacture, building, testing,
distribution, sale and delivery of the aforesaid stainless steel braid-reinforced flexible water supply
line connector, which the defendant knew or should have know was unreasonably dangerous,
defective, and without adequate warning of the dangers and defects associated with it.
26. That the defendant, WATTS WATER TECHNOLOGIES, INC., breached a duty
to subrogors by negligently, carelessly, and improperly designing, manufacturing, building,
testing, selling, delivering, and failing to warn of the dangers, risks and defects with the aforesaid
stainless steel braid-reinforced flexible water supply line connector.
27. That the inefficiencies, inadequacies and/or defects which rendered the aforesaid
stainless steel braid-reinforced flexible water supply line connector unfit for its intended purpose
were unknown to subrogors at the time of the purchase, delivery, use, and/or operation.
28. That the insufficiencies, inadequacies and or defects which rendered the aforesaid
stainless steel braid-reinforced flexible water supply line connector unfit for its intended purpose
were not discoverable by reasonable inspection by subrogors.
29. As a result aforesaid stainless steel braid-reinforced flexible water supply line
connector, subrogors were caused to sustain property damages.
30. That plaintiff reserves the right to plead Res Ipsa Loquitur at the time of trial.
31. That solely and as a result of the negligence of defendant, WATTS WATER
TECHNOLOGIES, INC., plaintiff, pursuant to the provisions of its insurance policy, paid to
subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, the sum of at least $291,607.97,
for the property damages and other related expenses.
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SECOND CAUSE OF ACTION – STRICT PRODUCT LIABILITY
32. Plaintiff repeats and reiterates each and every allegation as if originally set forth
herein in paragraph 1 through 31.
33. The defendant, WATTS WATER TECHNOLOGIES, INC., in the manufacturing,
sale and distribution of the aforesaid stainless steel braid-reinforced flexible water supply line
connector, placed upon the market a product in a defective and unreasonably dangerous condition,
which was not fit for its intended use.
34. At all times hereafter mentioned, the aforesaid stainless steel braid-reinforced
flexible water supply line connector was being used in a manner reasonably foreseeable by the
plaintiff’s subrogors.
35. That the aforesaid stainless steel braid-reinforced flexible water supply line
connector was the direct and proximate cause of plaintiff’s subrogor’s damages to their real and
personal property located at 7 Mill Place, Hampton Bays, Suffolk County, New York.
36. That as a direct and proximate result of the defendant’s actions, plaintiff’s
subrogors suffered damages in the amount of at least $291,607.97, no part of which has been paid
by the defendant, despite demand therefor.
THIRD CAUSE OF ACTION – BREACH OF WARRANTY
37. Plaintiff repeats and reiterates each and every allegation as if originally set forth
herein in paragraph 1 through 36.
38. That at the time and place of the sale and distribution of the aforesaid stainless steel
braid-reinforced flexible water supply line connector, defendant WATTS WATER
TECHNOLOGIES, INC., expressly and by implication warrantied that the aforesaid stainless steel
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braid-reinforced flexible water supply line connector was of merchantable quality and was safe for
the use for which it was intended.
39. That subrogors relied upon the skill and judgment of defendant, WATTS WATER
TECHNOLOGIES, INC., in the manufacturing, building, designing, testing, selling, delivering,
distributing, and/or inspecting the aforesaid stainless steel braid-reinforced flexible water supply
line connector.
40. At all times hereinafter, it was forseeable that subrogors would rely on said
warranty in the acquisition, purchase, and use of the aforesaid stainless steel braid-reinforced
flexible water supply line connector.
41. That at all times hereinafter mentioned, the aforesaid stainless steel braid-reinforced
flexible water supply line connector was not suitable or safe for such use and was defective and
dangerous in the manner hereinabove mentioned, of which defendant, WATTS WATER
TECHNOLOGIES, INC., failed to make subrogors aware.
42. That as a direct and proximate result of the foregoing breach of warranty, defendant,
WATTS WATER TECHNOLOGIES, INC., are liable to plaintiff in the sum of at least
$291,607.97, no part of which has been paid despite due demand thereof.
FOURTH CAUSE OF ACTION – BREACH OF CONTRACT
43. Plaintiff repeats and reiterates each and every allegation as if originally set forth
herein in paragraph 1 through 42.
44. Upon information and belief, defendant WATTS WATER TECHNOLOGIES,
INC., did enter into a contract(s) and/or service agreement(s) with subrogors, in which defendant
agreed to design, build, manufacture, distribute, install and/or supervise the installation, testing,
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inspection, maintenance and/or repair of the aforesaid stainless steel braid-reinforced flexible
water supply line connector used by the subrogors.
45. Defendant, WATTS WATER TECHNOLOGIES, INC., breached said contract(s)
and/or service agreement(s) in that defendant failed to design, build, manufacture, review,
distribute, install and/or supervise the installation, testing, inspection, maintenance and/or repair
of the aforesaid stainless steel braid-reinforced flexible water supply line connector purchased and
used by the subrogors according to the specifications in the contract(s) and/or service
agreement(s).
46. As a result of said breach, on or about June 11, 2021, flooding occurred in the
subrogor’s real property, thereby resulting in the damages sustained by the subrogors.
47. That as a direct result of the foregoing breach of contract, defendant, WATTS
WATER TECHNOLOGIES, INC., are liable to the plaintiff in the sum of $291,607.97, no part of
which has been paid despite due demand therefor.
48. Plaintiff KINGSTONE INSURANCE COMPANY, as subrogee of WILLIAM
DILGARD and ROSEMARY DILGARD, is therefore entitled to recover from the defendants the
full amount of the claim paid on behalf of its insureds, WILLIAM DILGARD and ROSEMARY
DILGARD, regarding the damage sustained on June 11, 2021 at their home located at 7 Mill Place,
Hampton Bays, Suffolk County, New York, in the sum of $291,607.97, plus a $1,000 deductible
paid by subrogors, WILLIAM DILGARD and ROSEMARY DILGARD.
WHEREFORE, the plaintiff KINGSTONE INSURANCE COMPANY, as subrogee of
WILLIAM DILGARD and ROSEMARY DILGARD, demands judgment against the defendant,
WATTS WATER TECHNOLOGIES, INC., in the sum of $292,607.97, with interest thereon from
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June 11, 2021, together with costs and disbursements of this action, and for such other and further
relief as the Court may deem just and proper.
Dated: Melville, New York
May 29, 2024
/s/ Carl J Princi
The Law Office of Jason Tenenbaum. P.C.
By Carl J. Princi, Esq.
Attorneys for Plaintiff
35 Pinelawn Road, Suite 105E
Melville, New York 11747
(516) 750-0595
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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KINGSTONE INSURANCE COMPANY,
as subrogee of WILLIAM DILGARD
and ROSEMARY DILGARD, ATTORNEY VERIFICATION
Plaintiff,
Index No.:
-against-
WATTS WATER TECHNOLOGIES, INC.,
Defendants
----------------------------------------------------------------X
I, the undersigned, an attorney admitted to practice in the courts of New York State, state
that I am associated with the Law Office of Jason Tenenbaum, P.C., the attorney of record for the
Plaintiff in the within action; I have read the foregoing Summons and Verified Complaint, and
contents thereof; the same is true to my own knowledge, except as to the matters therein alleged
to be on information and belief, and as to those matters I believe it to be true. The reason this
verification is made by me and not by Plaintiff is that Plaintiff, do(es) not have offices in the county
wherein deponent has his offices.
The grounds of my belief as to all matters not stated upon my own knowledge are as
follows: Investigation and information received by said deponent in the course of his duties as
attorney for the Plaintiff.
I affirm that the foregoing statements are true, under the penalties of perjury.
Dated: Melville, New York
May 29, 2024
/s/ Carl J Princi
Law Office of Jason Tenenbaum, P.C.
By Carl J. Princi, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.
KINGSTONE INSURANCE COMPANY,
as subrogee of WILLIAM DILGARD
and ROSEMARY DILGARD,
Plaintiff,
-against-
WATTS WATER TECHNOLOGIES, INC.,
Defendant,
SUMMONS AND COMPLAINT
Law Office of
Jason Tenenbaum, P.C.
Attorney for Plaintiff
35 Pinelawn Road
Suite 105E
Melville, NY 11747
(516) 750-0595
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts
of New York State, certifies that, upon information and belief and reasonable inquiry, the
contentions contained in the annexed document are not frivolous.
Dated: 5/29/2024 Signature: /s/ Carl J. Princi
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Preview
FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------X SUMMONS KINGSTONE INSURANCE COMPANY as subrogee of WILLIAM DILGARD Index No.: and ROSEMARY DILGARD, The basis of venue is: Place of occurrence. Plaintiff, -against- Plaintiff designates SUFFOLK COUNTY as the place of trial. WATTS WATER TECHNOLOGIES, INC., Defendant. ----------------------------------------------------------X 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 Attorney(s) within 20 days after the service of this summons, exclusive of the date of service (or within 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 or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Melville, New York May 29, 2024 Yours, etc., /s/ Carl J Princi The Law Office of Jason Tenenbaum. P.C. By Carl J. Princi, Esq. Attorneys for Plaintiff 35 Pinelawn Road, Suite 105E Melville, New York 11747 (516) 750-0595 File #: 9600-0073 To : WATTS WATER TECHNOLOGIES, INC. Corporate Headquarters 815 Chestnut Street North Andover, MA 01845 1 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------X KINGSTONE INSURANCE COMPANY, as subrogee of WILLIAM DILGARD and ROSEMARY DILGARD, COMPLAINT Plaintiff, Index No.: -against- WATTS WATER TECHNOLOGIES, INC., Defendants ----------------------------------------------------------------X The Plaintiff, by and through its attorneys, THE LAW OFFICE OF JASON TENENBAUM, P.C., as and for their Complaint against the defendants, alleges the following upon information and belief: 1. At all times hereinafter mentioned, the plaintiff, KINGSTON INSURANCE COMPANY, was and still is a domestic corporation organized and existing under the laws of the State of New York. 2. At all times hereinafter mentioned, the plaintiff, KINGSTON INSURANCE COMPANY, was and still is authorized to transact business in the State of New York. 3. At all times hereinafter mentioned, the defendant, WATTS WATER TECHNOLOGIES, INC., was and still is a domestic corporation organized and existing under the laws of the State of New York. 4. At all times hereinafter mentioned, the defendant, WATTS WATER TECHNOLOGIES, INC., was and still is a foreign corporation authorized to do business in the State of New York. 2 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 5. At all times hereinafter mentioned, the defendant, WATTS WATER TECHNOLOGIES, INC., transacted business in the State of New York. 6. At all times hereinafter mentioned, the defendant, WATTS WATER TECHNOLOGIES, INC., contracted to supply goods or services in the State of New York. 7. On or about June 11, 2021, plaintiff KINGSTON INSURANCE COMPANY maintained an insurance policy regarding its subrogees WILLIAM DILGARD and ROSEMARY DILGARD’s property located at 7 Mill Place, Hampton Bays, Suffolk County, New York, under policy number HO3034981-08. 8. Prior to June 11, 2021, plaintiff’s subrogees, WILLIAM DILGARD and ROSEMARY DILGARD, purchased a stainless steel braid-reinforced flexible water supply line connector for use at the property located at 7 Mill Place, Hampton Bays, Suffolk County, New York. 9. The stainless steel braid-reinforced flexible water supply line connector purchased by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was designed by defendant WATTS WATER TECHNOLOGIES, INC. 10. The stainless steel braid-reinforced flexible water supply line connector purchased by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was manufactured by defendant WATTS WATER TECHNOLOGIES, INC. 11. The stainless steel braid-reinforced flexible water supply line connector purchased by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was assembled by defendant WATTS WATER TECHNOLOGIES, INC. 3 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 12. The stainless steel braid-reinforced flexible water supply line connector purchased by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was sold by defendant WATTS WATER TECHNOLOGIES, INC. 13. The stainless steel braid-reinforced flexible water supply line connector purchased by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was distributed by defendant WATTS WATER TECHNOLOGIES, INC. 14. The stainless steel braid-reinforced flexible water supply line connector purchased by plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, was warranted by defendant WATTS WATER TECHNOLOGIES, INC. as safe for its intended use. 15. On or about June 11, 2021, plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, utilized the subject stainless steel braid-reinforced flexible water supply line connector in a bathroom in their home located at 7 Mill Place, Hampton Bays, Suffolk County, New York. 16. On or about June 11, 2021, plaintiff’s subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, utilized the subject stainless steel braid-reinforced flexible water supply line connector in their home located at 7 Mill Place, Hampton Bays, Suffolk County, New York, as the product was intended. 17. On or about June 11, 2021, plaintiff received notice of a water leak and significant flooding in the subrogors’ home located at 7 Mill Place, Hampton Bays, Suffolk County, New York. 4 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 18. The subject water leak originated in the upstairs bathroom and was caused by the failure of the WATTS WATER TECHNOLOGIES, INC., stainless steel braid-reinforced flexible water supply line connector, which resulted in damage to the plaintiff’s subrogors’ home located at 7 Mill Place, Hampton Bays, Suffolk County, New York. 19. As a result of the aforementioned flooding, the plaintiff’s subrogors real and personal property suffered damages in the amount of at least $291,607.97. 20. Due to the damage sustained at the property located at 7 Mill Place, Hampton Bays, Suffolk County, New York, an insurance claim was made to the subrogors’ insurance company, KINGSTONE INSURANCE COMPANY. 21. Plaintiff, KINGSTON INSURANCE COMPANY, assigned claim number HOP03580NY to the loss that occurred on or about June 11, 2021. 22. Plaintiff, KINGSTONE INSURANCE COMPANY, paid the claim regarding the damages sustained at their insureds’, WILLIAM DILGARD and ROSEMARY DILGARD’s, property located at 7 Mill Place, Hampton Bays, Suffolk County, New York. 23. That by virtue of said payment and, in accordance with the provision contained in its insurance policy, plaintiff, KINGSTONE INSURANCE COMPANY, became subrogated to all of the subrogors’ rights to recover against defendant, WATTS WATER TECHNOLOGIES, INC. FIRST CAUSE OF ACTION – NEGLIGENCE 24. Plaintiff repeats and reiterates each and every allegation as if originally set forth herein in paragraph 1 through 23. 25. That the aforementioned loss that occurred on or about June 11, 2021, was the direct and proximate result of the negligence of the defendant, WATTS WATER TECHNOLOGIES, 5 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 INC., their agents, servants, and/or employees, in the design, manufacture, building, testing, distribution, sale and delivery of the aforesaid stainless steel braid-reinforced flexible water supply line connector, which the defendant knew or should have know was unreasonably dangerous, defective, and without adequate warning of the dangers and defects associated with it. 26. That the defendant, WATTS WATER TECHNOLOGIES, INC., breached a duty to subrogors by negligently, carelessly, and improperly designing, manufacturing, building, testing, selling, delivering, and failing to warn of the dangers, risks and defects with the aforesaid stainless steel braid-reinforced flexible water supply line connector. 27. That the inefficiencies, inadequacies and/or defects which rendered the aforesaid stainless steel braid-reinforced flexible water supply line connector unfit for its intended purpose were unknown to subrogors at the time of the purchase, delivery, use, and/or operation. 28. That the insufficiencies, inadequacies and or defects which rendered the aforesaid stainless steel braid-reinforced flexible water supply line connector unfit for its intended purpose were not discoverable by reasonable inspection by subrogors. 29. As a result aforesaid stainless steel braid-reinforced flexible water supply line connector, subrogors were caused to sustain property damages. 30. That plaintiff reserves the right to plead Res Ipsa Loquitur at the time of trial. 31. That solely and as a result of the negligence of defendant, WATTS WATER TECHNOLOGIES, INC., plaintiff, pursuant to the provisions of its insurance policy, paid to subrogors, WILLIAM DILGARD and ROSEMARY DILGARD, the sum of at least $291,607.97, for the property damages and other related expenses. 6 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SECOND CAUSE OF ACTION – STRICT PRODUCT LIABILITY 32. Plaintiff repeats and reiterates each and every allegation as if originally set forth herein in paragraph 1 through 31. 33. The defendant, WATTS WATER TECHNOLOGIES, INC., in the manufacturing, sale and distribution of the aforesaid stainless steel braid-reinforced flexible water supply line connector, placed upon the market a product in a defective and unreasonably dangerous condition, which was not fit for its intended use. 34. At all times hereafter mentioned, the aforesaid stainless steel braid-reinforced flexible water supply line connector was being used in a manner reasonably foreseeable by the plaintiff’s subrogors. 35. That the aforesaid stainless steel braid-reinforced flexible water supply line connector was the direct and proximate cause of plaintiff’s subrogor’s damages to their real and personal property located at 7 Mill Place, Hampton Bays, Suffolk County, New York. 36. That as a direct and proximate result of the defendant’s actions, plaintiff’s subrogors suffered damages in the amount of at least $291,607.97, no part of which has been paid by the defendant, despite demand therefor. THIRD CAUSE OF ACTION – BREACH OF WARRANTY 37. Plaintiff repeats and reiterates each and every allegation as if originally set forth herein in paragraph 1 through 36. 38. That at the time and place of the sale and distribution of the aforesaid stainless steel braid-reinforced flexible water supply line connector, defendant WATTS WATER TECHNOLOGIES, INC., expressly and by implication warrantied that the aforesaid stainless steel 7 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 braid-reinforced flexible water supply line connector was of merchantable quality and was safe for the use for which it was intended. 39. That subrogors relied upon the skill and judgment of defendant, WATTS WATER TECHNOLOGIES, INC., in the manufacturing, building, designing, testing, selling, delivering, distributing, and/or inspecting the aforesaid stainless steel braid-reinforced flexible water supply line connector. 40. At all times hereinafter, it was forseeable that subrogors would rely on said warranty in the acquisition, purchase, and use of the aforesaid stainless steel braid-reinforced flexible water supply line connector. 41. That at all times hereinafter mentioned, the aforesaid stainless steel braid-reinforced flexible water supply line connector was not suitable or safe for such use and was defective and dangerous in the manner hereinabove mentioned, of which defendant, WATTS WATER TECHNOLOGIES, INC., failed to make subrogors aware. 42. That as a direct and proximate result of the foregoing breach of warranty, defendant, WATTS WATER TECHNOLOGIES, INC., are liable to plaintiff in the sum of at least $291,607.97, no part of which has been paid despite due demand thereof. FOURTH CAUSE OF ACTION – BREACH OF CONTRACT 43. Plaintiff repeats and reiterates each and every allegation as if originally set forth herein in paragraph 1 through 42. 44. Upon information and belief, defendant WATTS WATER TECHNOLOGIES, INC., did enter into a contract(s) and/or service agreement(s) with subrogors, in which defendant agreed to design, build, manufacture, distribute, install and/or supervise the installation, testing, 8 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 inspection, maintenance and/or repair of the aforesaid stainless steel braid-reinforced flexible water supply line connector used by the subrogors. 45. Defendant, WATTS WATER TECHNOLOGIES, INC., breached said contract(s) and/or service agreement(s) in that defendant failed to design, build, manufacture, review, distribute, install and/or supervise the installation, testing, inspection, maintenance and/or repair of the aforesaid stainless steel braid-reinforced flexible water supply line connector purchased and used by the subrogors according to the specifications in the contract(s) and/or service agreement(s). 46. As a result of said breach, on or about June 11, 2021, flooding occurred in the subrogor’s real property, thereby resulting in the damages sustained by the subrogors. 47. That as a direct result of the foregoing breach of contract, defendant, WATTS WATER TECHNOLOGIES, INC., are liable to the plaintiff in the sum of $291,607.97, no part of which has been paid despite due demand therefor. 48. Plaintiff KINGSTONE INSURANCE COMPANY, as subrogee of WILLIAM DILGARD and ROSEMARY DILGARD, is therefore entitled to recover from the defendants the full amount of the claim paid on behalf of its insureds, WILLIAM DILGARD and ROSEMARY DILGARD, regarding the damage sustained on June 11, 2021 at their home located at 7 Mill Place, Hampton Bays, Suffolk County, New York, in the sum of $291,607.97, plus a $1,000 deductible paid by subrogors, WILLIAM DILGARD and ROSEMARY DILGARD. WHEREFORE, the plaintiff KINGSTONE INSURANCE COMPANY, as subrogee of WILLIAM DILGARD and ROSEMARY DILGARD, demands judgment against the defendant, WATTS WATER TECHNOLOGIES, INC., in the sum of $292,607.97, with interest thereon from 9 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 June 11, 2021, together with costs and disbursements of this action, and for such other and further relief as the Court may deem just and proper. Dated: Melville, New York May 29, 2024 /s/ Carl J Princi The Law Office of Jason Tenenbaum. P.C. By Carl J. Princi, Esq. Attorneys for Plaintiff 35 Pinelawn Road, Suite 105E Melville, New York 11747 (516) 750-0595 10 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------X KINGSTONE INSURANCE COMPANY, as subrogee of WILLIAM DILGARD and ROSEMARY DILGARD, ATTORNEY VERIFICATION Plaintiff, Index No.: -against- WATTS WATER TECHNOLOGIES, INC., Defendants ----------------------------------------------------------------X I, the undersigned, an attorney admitted to practice in the courts of New York State, state that I am associated with the Law Office of Jason Tenenbaum, P.C., the attorney of record for the Plaintiff in the within action; I have read the foregoing Summons and Verified Complaint, and contents thereof; the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not by Plaintiff is that Plaintiff, do(es) not have offices in the county wherein deponent has his offices. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Investigation and information received by said deponent in the course of his duties as attorney for the Plaintiff. I affirm that the foregoing statements are true, under the penalties of perjury. Dated: Melville, New York May 29, 2024 /s/ Carl J Princi Law Office of Jason Tenenbaum, P.C. By Carl J. Princi, Esq. 11 of 12 FILED: SUFFOLK COUNTY CLERK 06/04/2024 12:46 PM INDEX NO. 613665/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No. KINGSTONE INSURANCE COMPANY, as subrogee of WILLIAM DILGARD and ROSEMARY DILGARD, Plaintiff, -against- WATTS WATER TECHNOLOGIES, INC., Defendant, SUMMONS AND COMPLAINT Law Office of Jason Tenenbaum, P.C. Attorney for Plaintiff 35 Pinelawn Road Suite 105E Melville, NY 11747 (516) 750-0595 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: 5/29/2024 Signature: /s/ Carl J. Princi 12 of 12