Preview
FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOSE YONEL FERNANDEZ CAMPOS, Date Filed
SUMMONS
Plaintiff,
-against- Plaintiff designates New
York county as place of
164 4 LLC, Trial.
Defendant(s). Basis of Venue: Defendants
Address
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TO THE ABOVE-NAME DEFENDANTS:
You are hereby summoned to answer the complaint in this action, and to serve a copy
of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the plaintiff’s attorneys within twenty days after service of this summons,
exclusive of the of the day of service, where service is made by delivery upon you personally
within the state, or, within 30 days after completion of service where service is made in any other
manner. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
Dated: New York, New York
June 11, 2024
JR WYATT LAW PLLC
____________________
Simon A. Befikadu, Esq.
Attorneys for Plaintiff
JOSE YONEL FERNANDEZ CAMPOS
295 Madison Avenue 27th Floor
New York, NY 10017
212-557-2776
TO: 164 4 LLC
C/O C T CORPORATION SYSTEM
28 LIBERTY STREET, NEW YORK, NY, 10005
[Serve via NYS Department of State]
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------------X Index No.:
JOSE YONEL FERNANDEZ CAMPOS ,
Plaintiff,
-against-
VERIFIED
164 4 LLC, COMPLAINT
Defendant(s).
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Plaintiff, JOSE YONEL FERNANDEZ CAMPOS , by his attorneys JR WYATT LAW
PLLC, complaining respectfully alleges, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF
1. That this action falls within one of more of the exceptions set forth in CPLR §503 (a).
2. Plaintiff is a resident of the County of Kings, State of New York.
3. That this action falls within one or more of the exceptions set forth in CPLR §1602.
4. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164 4 LLC,
was and still is a foreign limited liability company duly organized and existing under and by the
virtue of the laws of the State of New York.
5. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164 4 LLC,
was and still is a foreign corporation duly authorized to conduct business in the State of New York.
6. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164 4 LLC,
was and still is a foreign limited liability partnership duly organized and existing under and by
virtue of the laws of the State of New York.
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7. That on or about May 31, 2024, Defendant 164 4 LLC, was and still is a domestic
corporation duly organized and existing under and by the virtue of the laws of the State of New
York.
8. That on or about May 31, 2024, Defendant 164 4 LLC, was and still is a domestic limited
liability company duly organized and existing under and by the virtue of the laws of the State of
New York.
9. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164 4 LLC,
was and still is a domestic limited liability partnership duly organized and existing under and by
virtue of the laws of the State of New York.
10. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164
4 LLC, maintained a principal place of business in the county and state of New York.
11. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164
4 LLC, owned a building, premises, and lot located at Block 420 and Lot 37 commonly known as
164, 4th Avenue, Brooklyn, New York (said building, lot and premises being hereinafter referred
to as the “Premises”), which was under construction.
12. That at all times mentioned herein, Defendant 164 4 LLC was the lessor of the
Premises at 164, 4th Avenue, Brooklyn, New York.
13. That at all times mentioned herein, Defendant 164 4 LLC was the lessee of 164,
4th Avenue, Brooklyn, New York
14. That at all times mentioned herein, Defendant 164 4 LLC was the possessor of the
premises at 164, 4th Avenue, Brooklyn, New York
15. That at all times mentioned herein, Defendant 164 4 LLC operated the Premises at
164, 4th Avenue, Brooklyn, New York.
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16. That at all times mentioned herein, Defendant 164 4 LLC controlled the Premises
at 164 4th Avenue, Brooklyn, New York.
17. That at all times mentioned herein, Defendant 164 4 LLC maintained and/or
repaired the Premises at 164 4th Avenue, Brooklyn, New York.
18. That at all times mentioned herein, Defendant 164 4 LLC managed the Premises at
164 4th Avenue, Brooklyn, New York.
19. That at all times mentioned herein, Defendant 164 4 LLC constructed the Premises
at 164 4th Avenue, Brooklyn, New York.
20. That at all times mentioned herein, Defendant 164 4 LLC controlled the manner
and method of the work being performed at the Premises at 164 4th Avenue, Brooklyn, New York.
21. That at all times mentioned herein, Defendant 164 4 LLC was acting as the general
contractor to provide certain work, labor, services and materials with respect to certain work,
repairs, construction and renovations to be conducted at the premises at 164 4th Avenue, Brooklyn,
New York.
22. That at all times mentioned herein, Defendant 164 4 LLC was acting as the general
contractor pursuant to a contract to provide certain work, labor, services and material with respect
to certain work repairs at the premises at 164 4th Avenue, Brooklyn, New York.
23. That at all times mentioned herein, Defendant 164 4 LLC was acting as the
construction manager to provide certain work, labor, services and material with respect to certain
work, repairs, construction and renovations to be conducted at the premises at 164 4th Avenue,
Brooklyn, New York.
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24. That at all times mentioned herein, Defendant 164 4 LLC was acting as the
construction manager pursuant to a contract to provide certain work, labor, services and material
with respect to certain work repairs at the premises at 164 4th Avenue, Brooklyn, New York.
25. That at all times mentioned herein, Defendant 164 4 LLC was acting as the general
contractor, constructions manager and/or a contractor providing certain work, labor, services
constructions and renovations at the Premises at 164 4th Avenue, Brooklyn, New York.
26. That at all times mentioned herein, Defendant 164 4 LLC entered into an agreement
and/or contract with a non-party, to act as a general contractor and perform, work, labor and/or
services on the Premises at 164 4th Avenue, Brooklyn, New York.
27. That at all times mentioned, and on, May 31, 2024, Defendant 164 4 LLC, its
employees, servants and/or agents had the non-delegable duty to see that the work site at the
premises, was kept reasonably safe and free of dangers and hazards to those workers lawfully there
at, specifically plaintiff.
28. That at all times mentioned, and on, May 31, 2024, Defendant 164 4 LLC, its
employees, servants and/or agents had the duty to provide workers lawfully at the subject worksite,
including plaintiff, with a safe place to work.
29. That at all times mentioned, and on, May 31, 2024, Defendant 164 4 LLC, its
employees, servants and/or agents had the duty to provide proper and safe equipment to workers
lawfully at the subject work site and more particularly, plaintiff herein.
30. That at all times mentioned herein, Defendants 164 4 LLC (herein after referred to
as Ownership Defendant) whether individually and/or jointly, by itself/themselves, and/or by
its/their agents or assigns, had engaged a non-party by contract to perform certain contracting,
general contracting, construction management, work, construction, demolition, labor, altering,
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installation, painting, pointing, framing, lathing, concrete work, superstructure construction and/or
repairs upon and/or relating to the premises of the Building at 164 4th Avenue, Brooklyn, New
York.
31. That at all times mentioned herein, in connection with the contracting, general
contracting, construction management, work, construction, demolition, labor, altering, installation,
painting, pointing, framing, lathing, concrete work, superstructure construction and/or repairs
upon and/or relating to the premises of the Building described herein, and further pursuant to its
aforementioned contract and/or agreement with the ownership defendant, whether individually or
jointly and/or otherwise pursuant to authority delegated to it by the ownership defendants, 164 4
LLC, whether individually or jointly, whether by itself or by its agents or assigns, had engaged,
ARTIMUS LLC as a subcontractor to perform certain contracting, general contracting,
construction management, work, construction, demolition, labor, altering, installation, painting,
pointing, framing, lathing, concrete work, superstructure construction and/or repairs upon and/or
relating to the premises of the building and other contracts, engagement and/or agreements
described herein.
32. At all times mentioned herein, Plaintiff JOSE YONEL FERNANDEZ CAMPOS
was an employee of ARTIMUS LLC and was hired pursuant to the aforementioned contracts and
agreements to perform construction labor/work relating to the construction of the building located
at the at premises of 164 4th Avenue, Brooklyn, New York.
33. On or about May 31, 2024 (the “Accident Date), Plaintiff JOSE YONEL
FERNANDEZ CAMPOS , was on or about the premises of the Building in the course of his
employment for ARTIMUS LLC when he was caused to be injured while he was working on, at,
about, near, and/or within the construction site performing construction, rehabilitation, and/or
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demolition work when he was caused to fall and be injured when the ladder he was working on
shifted and he fell from an elevated height which resulted in him suffering serious and permanent
personal injuries (said incident being hereinafter referred to as the “Accident.”
34. That the plaintiff’s work at the time and place of the aforesaid accident required
plaintiff to work at an elevation.
35. That the ladder upon which plaintiff was caused, suffered and/or permitted to work
was in dangerous, defective condition at the time of the aforesaid accident
AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF
36. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the
First Cause of Action, with the same force and effect as though fully set forth therein.
37. That on the accident date, there existed in full force and effect, within the State of
New York, Section 200 (1) of the Labor Law of the State of New York.
38. The Defendant was on prior actual and/or constructive notice of the
dangerous/defective conditions existing at the time of plaintiff’s accident.
39. The Defendant directed, supervised, and/or controlled plaintiff’s work at the time
of plaintiff’s accident.
40. That the accident was caused by the carelessness, recklessness and/or negligence
of the defendants and their agents, servants, assigns, employees, managers and/or contractors, in
connection with their ownership, operation, control, management, work, construction, demolition,
labor, altering, maintenance, contracting, general contracting and/or repairs of, upon and/or
relating to the premises of the building; in depriving the plaintiff of a safe place to work; in that
the plaintiff was injured when, he was working on, at, about, near, and/or within the construction
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site performing construction, rehabilitation, and/or demolition work when he was struck by an
object that fell from an elevated height.
41. The defendant 164 4 LLC, were negligent in that they failed to provide proper
protection and equipment and maintain safety devices at the aforementioned premises; in suffering,
causing and/or permitting and allowing the aforementioned premises to include its aforesaid
building structure to be altered, erected, repaired, demolished and/or otherwise constructed without
providing the proper means to conform with the requirements of the Labor Law of the State of
New York; failed to properly control, direct and/or supervise the plaintiff with proper safety
devices placed so as to afford proper protection to the plaintiff lawfully working thereat; failed to
inspect the work areas on the date of the accident and prior thereto to see that said work area
contained proper and approved safety devices and working area; failed to inspect the work areas
on the date of the accident and prior thereto; in that they failed to provide Plaintiff with a safe place
to work; failed to provide the Plaintiff with a hazard-free work place; failed to provide the proper,
appropriate and safe hoisting devices so fixed, chosen, secured and/or maintained and braced so
as to prevent objects from falling upon the Plaintiff; failed to provide the Plaintiff with proper and
approved safety devices so placed, fixed and/or secured so as to afford proper protection to the
Plaintiff working thereat; failed to prevent equipment from falling onto the Plaintiff; failed to
provide a proper hoisting system with safety devices such as an anti-safe fall device, limit control
switch, hanging cage, floor call system and rack and automatic gear lubrication system; failed to
provide proper safety devices such as a catch platform, netting and/or scaffold to prevent objects
from falling from an elevated height onto Plaintiff; failed to properly control, direct and/or
supervise the Plaintiff with proper safety devices placed so as to afford proper protection to the
Plaintiff lawfully working thereat; failed to inspect the work areas on the date of the accident and
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prior thereto to see that said work area contained proper and approved safety devices and working
area; failed to inspect the work areas on the date of the accident and prior thereto to see that said
hoisting mechanism was safe and proper; failed to perform proper inspections of the work site to
see and remedy the dangerous and defective conditions existing upon said work site; failed to
properly supervise the work at the premises and/or the work of other defendants; failed to adopt
proper safety measures and/or enforce adherence to proper safety measures or rules; and directed
the Plaintiff to perform work at the premises in an improper and dangerous manner; failed to
properly supervise the work at the premises and/or the work of other contractors; failed to adopt
proper safety measures and/or enforce adherence to proper safety measures or rules; directed the
plaintiff to perform work at the premises in an improper and dangerous manner; in failing to adopt
a secure plan of safety wherein workers could safely perform their assigned duties upon said
premises, in directing and/or permitting plaintiff to engage in work without providing for and
enabling such work to be performed and done in safe manner for the prevention of accidents and
for the protection of persons engaged in such work; in failing and/or failing to properly provide
safe and/or adequate safety devices and/or equipment for the plaintiff's use as provided for by the
statutes, ordinances, rules, and regulations and codes; in suffering, permitting, and/or allowing the
aforementioned construction material and work area and surrounding construction area to be and
remain in a dangerous, defective, and otherwise negligent and careless condition; in failing to
properly equip the aforementioned surrounding construction area and/or portions thereof with
proper and/or suitable safety devices or safety equipment pursuant to the applicable sections of the
laws of the State of New York; in suffering, permitting and/or allowing work to be performed in a
unsafe and dangerous manner; failing to keep the said premises to remain without the safe and
adequate supervision and/or direction as required by the statutes, ordinances, rules and regulations
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and codes of the State of New York; in negligently failing to hire and/or otherwise provide proper
and/or suitable personnel for the circumstances then and there existing upon defendants' premises
and/or construction site; in suffering, permitting, and/or allowing the aforesaid construction
material and work area and/or construction site to be and/or remain in a defective, dangerous, and
negligent condition; in negligently and/or improperly directing, supervising and/or otherwise
failing to properly oversee the aforesaid work on defendants' premises and/or construction site; all
which the defendants, their agents, servants and/or employees knew or in the exercise of reasonable
care should have known; in negligently and/or carelessly constructing, placing, building and/or
erecting the aforementioned work area at the construction site; in failing to properly train,
supervising and/or otherwise directing the work required to be performed upon defendants'
aforementioned premises; in suffering, permitting and/or allowing sub-contractors and/or
workmen to work without proper or adequate inspection as to the maintenance, care, control, use,
and supervision of the aforesaid work area and/or construction site; in suffering, permitting, and
allowing said work area to be maintained and/or utilized in an improper, unsafe, illegal, and/or
otherwise dangerous, careless and reckless manner; in suffering, permitting, and allowing said
construction material and work area to be erected, maintained and/or used in violation of the
statutes, rules, codes and/or ordinances made and provided therefore; in negligently and/or
carelessly removing the aforesaid safety equipment; in failing and/or failing to properly warn
and/or apprise of the dangerous conditions; in failing and/or failing to properly post signs, rope
and/or otherwise cordon the aforementioned dangerous and hazardous condition; in failing to
properly and/or adequately maintain and repair said construction material and work area; in
suffering, causing and/or permitting defendants' aforementioned premises to include the aforesaid
construction material and work area to be and/or remain in a dirty, filthy, unsafe, unsecured and/or
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debris-ridden condition to include suffering, causing and/or permitting certain equipment and/or
material to be and/or remain in a dangerous and/or hazardous condition on defendants' aforesaid
surrounding construction site so as to create a hazardous and dangerous condition for the
aforementioned workers to include this plaintiff. Plaintiff further claims that the aforementioned
condition constituted a nuisance; in negligently and/or carelessly building, constructing and/or
otherwise assembling and/or maintaining the aforementioned construction material and work area
and/or premises; in violating rules of the Boards of Standards and Appeals, the Administrative
Code of the State of New York and the rules of the Occupational Safety and Health Administration
as they pertain to construction; in failing to obey the applicable statutes, ordinances, rules and
regulations
42. That by reason of the negligence of defendants as foresaid, defendants violated
Section 200(1) of the Labor Law of the State of New York.
43. That by reason of the foregoing, plaintiff has been damaged in a sum which exceeds
the jurisdictional limits of all lower Court which would otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF
44. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the
First and Second Cause of Action, with the same force and effect as though fully set forth therein.
45. That on the accident date, there existed in full force and effect, within the State of
New York, Section 240 of the Labor Law of the State of New York.
46. That by reason of the negligence of the Defendants, 164 4 LLC, defendants violated
Section 240 of the Labor Law of the State of New York.
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47. That by reason of the foregoing, plaintiff, JOSE YONEL FERNANDEZ
CAMPOS, has been damaged in an amount that exceeds the jurisdictional limits of all courts that
would otherwise have Jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF
48. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the
First and Second Cause of Action, with the same force and effect as though fully set forth therein.
49. That on the accident date, there existed in full force and effect, within the State of
New York, Section 241 (6) of the Labor Law of the State of New York.
50. That the accident was caused by the carelessness, recklessness and/or negligence
of the defendants and their agents, servants, assigns, employees, managers and/or contractors, in
connection with their ownership, operation, control, management, work, construction, demolition,
labor, altering, maintenance, contracting, general contracting and/or repairs of, upon and/or
relating to the premises of the building; in depriving the plaintiff of a safe place to work; in
violating Section 241(6) of the New York Labor Law.
51. The by reason of the foregoing, plaintiff has been damaged in a sum which exceeds
the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.
AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF
52. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the
First Second and Third Cause of Action, with the same force and effect as though fully set forth
therein.
53. That on the accident date, there existed in full force and effect, within the State of
New York, the various rules and regulations of the Board of Standards and Appeals more
commonly known as Rule 23 of the Industrial Code of the State of New York.
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54. That by reason of the acts and or omissions of defendants as aforesaid, defendants
violated sections of Rule 23 of the Industrial Code of the State of New York, including but not
limited to Sections 23-1.21(b); 23-1.21(b)(3); 23-1.21(b)(4); and 23-1.21(b)(4)(iii).
55. The accident resulted in severe, personal and permanent injuries to said plaintiff as
a result of the negligence, carelessness, recklessness, gross negligence and/or violation of statute
of the defendant of 164 4 LLC their agents, servants: employees, licensees, and/or assigns in the
ownership, operation, maintenance, repair, construction, management, inspection and control of
the premises, and those acting under its direction, behest, permission and control in the ownership,
operation, designing, creating, management, maintenance, contracting, subcontracting,
supervision, authorizing use and control of the premises located as described above.
56. Plaintiff herein contributed in any manner whatsoever to the occurrence of the
Accident and/or damages caused thereby.
57. As a result of the defendants’ carelessness, recklessness and/or negligence in
causing the accident, Plaintiff JOSE YONEL FERNANDEZ CAMPOS has sustained serious
personal injuries, both physical and psychological, of a permanent and extremely painful and
debilitating nature in connection with which he has suffered, still suffers and may in the future
continue to suffer great pain; and for which he was compelled to seek medical care, attention and
treatment in an effort to be cured and for which he may in the future be so required; and for which
he was compelled to expend large sums of money in an effort to obtain said medical care, attention
and treatment in an effort to be cured of said injuries and may in the future be so required; and
from which he was disabled from attending to his usual duties and activities and may in the future
be so disabled; and from which he was confined to his bed, home and hospital for a period of time
and may in the future be so confined.
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58. By reason of the foregoing, Plaintiff JOSE YONEL FERNANDEZ CAMPOS
has sustained damages exceeding the jurisdictional limits of all lower courts that would otherwise
have jurisdiction.
59. Plaintiff JOSE YONEL FERNANDEZ CAMPOS demands judgment against the
defendants herein in the sum of TEN MILLION ($10,000,000.00) DOLLARS, together with the
interest costs and disbursements of this action.
WHEREFORE, Plaintiff JOSE YONEL FERNANDEZ CAMPOS demands judgement
against all defendants on each and every cause of action alleged in this VERIFIED COMPLAINT
in a sum exceeding the jurisdictional limits of all lower Courts which would otherwise have
jurisdiction, together with the costs and disbursements relating to this action.
Dated: New York, New York
June 11, 2024
JR WYATT LAW PLLC
_____________________
Simon A. Befikadu, Esq.
Attorneys for Plaintiff
JOSE YONEL FERNANDEZ CAMPOS
295 Madison Avenue, 27th Floor
New York, New York 10017
Tel. (212) 557-2776
Fax (646) 349-2776
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ATTORNEY’S VERIFICATION
Simon A. Befikadu, an attorney duly admitted to practice before the Courts of the State of
New York, affirms the following to be true under the penalties of perjury: I am an attorney at JR
Wyatt Law, PLLC, attorneys of record for Plaintiff, JOSE YONEL FERNANDEZ CAMPOS in
the action within. I have read the annexed Summons and Complaint and know the contents
thereof, and the same are true to my knowledge, except those matters therein which are stated to
be alleged upon information and belief, and as to those matters, I believe them to be true. My
belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and
other pertinent information contained in my files.
The reason I make this affirmation instead of the plaintiff JOSE YONEL FERNANDEZ
CAMPOS , is because said plaintiff does not reside in the County of NEW YORK, where your
affirmant’s law office is located.
Dated: New York, New York
June 11, 2024
____________________
Simon A. Befikadu, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOSE YONEL FERNANDEZ CAMPOS ,
Plaintiff,
-against-
164 4 LLC,
Defendants.
______________________________________________________________________________
INDEX NO.:
SUMMONS AND VERIFIED COMPLAINT
______________________________________________________________________________
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 contentious contained in the annexed document are not frivolous.
Dated: New York, New York
June 11, 2024
_______________________
By: Simon A. Befikadu, Esq.
JR WYATT LAW, PLLC
Attorneys for Plaintiff
295 Madison Avenue, 27th Floor
New York, NY 10017
Telephone: (212) 557-2776
Facsimile: (646) 349-2776
______________________________________________________________________________
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Preview
FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X Index No.: JOSE YONEL FERNANDEZ CAMPOS, Date Filed SUMMONS Plaintiff, -against- Plaintiff designates New York county as place of 164 4 LLC, Trial. Defendant(s). Basis of Venue: Defendants Address -------------------------------------------------------------------------X TO THE ABOVE-NAME DEFENDANTS: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff’s attorneys within twenty days after service of this summons, exclusive of the of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York June 11, 2024 JR WYATT LAW PLLC ____________________ Simon A. Befikadu, Esq. Attorneys for Plaintiff JOSE YONEL FERNANDEZ CAMPOS 295 Madison Avenue 27th Floor New York, NY 10017 212-557-2776 TO: 164 4 LLC C/O C T CORPORATION SYSTEM 28 LIBERTY STREET, NEW YORK, NY, 10005 [Serve via NYS Department of State] 1 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X Index No.: JOSE YONEL FERNANDEZ CAMPOS , Plaintiff, -against- VERIFIED 164 4 LLC, COMPLAINT Defendant(s). -------------------------------------------------------------------------X Plaintiff, JOSE YONEL FERNANDEZ CAMPOS , by his attorneys JR WYATT LAW PLLC, complaining respectfully alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF 1. That this action falls within one of more of the exceptions set forth in CPLR §503 (a). 2. Plaintiff is a resident of the County of Kings, State of New York. 3. That this action falls within one or more of the exceptions set forth in CPLR §1602. 4. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164 4 LLC, was and still is a foreign limited liability company duly organized and existing under and by the virtue of the laws of the State of New York. 5. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164 4 LLC, was and still is a foreign corporation duly authorized to conduct business in the State of New York. 6. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164 4 LLC, was and still is a foreign limited liability partnership duly organized and existing under and by virtue of the laws of the State of New York. 2 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 7. That on or about May 31, 2024, Defendant 164 4 LLC, was and still is a domestic corporation duly organized and existing under and by the virtue of the laws of the State of New York. 8. That on or about May 31, 2024, Defendant 164 4 LLC, was and still is a domestic limited liability company duly organized and existing under and by the virtue of the laws of the State of New York. 9. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164 4 LLC, was and still is a domestic limited liability partnership duly organized and existing under and by virtue of the laws of the State of New York. 10. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164 4 LLC, maintained a principal place of business in the county and state of New York. 11. That on or about May 31, 2024, and at all times herein mentioned, Defendant 164 4 LLC, owned a building, premises, and lot located at Block 420 and Lot 37 commonly known as 164, 4th Avenue, Brooklyn, New York (said building, lot and premises being hereinafter referred to as the “Premises”), which was under construction. 12. That at all times mentioned herein, Defendant 164 4 LLC was the lessor of the Premises at 164, 4th Avenue, Brooklyn, New York. 13. That at all times mentioned herein, Defendant 164 4 LLC was the lessee of 164, 4th Avenue, Brooklyn, New York 14. That at all times mentioned herein, Defendant 164 4 LLC was the possessor of the premises at 164, 4th Avenue, Brooklyn, New York 15. That at all times mentioned herein, Defendant 164 4 LLC operated the Premises at 164, 4th Avenue, Brooklyn, New York. 3 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 16. That at all times mentioned herein, Defendant 164 4 LLC controlled the Premises at 164 4th Avenue, Brooklyn, New York. 17. That at all times mentioned herein, Defendant 164 4 LLC maintained and/or repaired the Premises at 164 4th Avenue, Brooklyn, New York. 18. That at all times mentioned herein, Defendant 164 4 LLC managed the Premises at 164 4th Avenue, Brooklyn, New York. 19. That at all times mentioned herein, Defendant 164 4 LLC constructed the Premises at 164 4th Avenue, Brooklyn, New York. 20. That at all times mentioned herein, Defendant 164 4 LLC controlled the manner and method of the work being performed at the Premises at 164 4th Avenue, Brooklyn, New York. 21. That at all times mentioned herein, Defendant 164 4 LLC was acting as the general contractor to provide certain work, labor, services and materials with respect to certain work, repairs, construction and renovations to be conducted at the premises at 164 4th Avenue, Brooklyn, New York. 22. That at all times mentioned herein, Defendant 164 4 LLC was acting as the general contractor pursuant to a contract to provide certain work, labor, services and material with respect to certain work repairs at the premises at 164 4th Avenue, Brooklyn, New York. 23. That at all times mentioned herein, Defendant 164 4 LLC was acting as the construction manager to provide certain work, labor, services and material with respect to certain work, repairs, construction and renovations to be conducted at the premises at 164 4th Avenue, Brooklyn, New York. 4 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 24. That at all times mentioned herein, Defendant 164 4 LLC was acting as the construction manager pursuant to a contract to provide certain work, labor, services and material with respect to certain work repairs at the premises at 164 4th Avenue, Brooklyn, New York. 25. That at all times mentioned herein, Defendant 164 4 LLC was acting as the general contractor, constructions manager and/or a contractor providing certain work, labor, services constructions and renovations at the Premises at 164 4th Avenue, Brooklyn, New York. 26. That at all times mentioned herein, Defendant 164 4 LLC entered into an agreement and/or contract with a non-party, to act as a general contractor and perform, work, labor and/or services on the Premises at 164 4th Avenue, Brooklyn, New York. 27. That at all times mentioned, and on, May 31, 2024, Defendant 164 4 LLC, its employees, servants and/or agents had the non-delegable duty to see that the work site at the premises, was kept reasonably safe and free of dangers and hazards to those workers lawfully there at, specifically plaintiff. 28. That at all times mentioned, and on, May 31, 2024, Defendant 164 4 LLC, its employees, servants and/or agents had the duty to provide workers lawfully at the subject worksite, including plaintiff, with a safe place to work. 29. That at all times mentioned, and on, May 31, 2024, Defendant 164 4 LLC, its employees, servants and/or agents had the duty to provide proper and safe equipment to workers lawfully at the subject work site and more particularly, plaintiff herein. 30. That at all times mentioned herein, Defendants 164 4 LLC (herein after referred to as Ownership Defendant) whether individually and/or jointly, by itself/themselves, and/or by its/their agents or assigns, had engaged a non-party by contract to perform certain contracting, general contracting, construction management, work, construction, demolition, labor, altering, 5 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 installation, painting, pointing, framing, lathing, concrete work, superstructure construction and/or repairs upon and/or relating to the premises of the Building at 164 4th Avenue, Brooklyn, New York. 31. That at all times mentioned herein, in connection with the contracting, general contracting, construction management, work, construction, demolition, labor, altering, installation, painting, pointing, framing, lathing, concrete work, superstructure construction and/or repairs upon and/or relating to the premises of the Building described herein, and further pursuant to its aforementioned contract and/or agreement with the ownership defendant, whether individually or jointly and/or otherwise pursuant to authority delegated to it by the ownership defendants, 164 4 LLC, whether individually or jointly, whether by itself or by its agents or assigns, had engaged, ARTIMUS LLC as a subcontractor to perform certain contracting, general contracting, construction management, work, construction, demolition, labor, altering, installation, painting, pointing, framing, lathing, concrete work, superstructure construction and/or repairs upon and/or relating to the premises of the building and other contracts, engagement and/or agreements described herein. 32. At all times mentioned herein, Plaintiff JOSE YONEL FERNANDEZ CAMPOS was an employee of ARTIMUS LLC and was hired pursuant to the aforementioned contracts and agreements to perform construction labor/work relating to the construction of the building located at the at premises of 164 4th Avenue, Brooklyn, New York. 33. On or about May 31, 2024 (the “Accident Date), Plaintiff JOSE YONEL FERNANDEZ CAMPOS , was on or about the premises of the Building in the course of his employment for ARTIMUS LLC when he was caused to be injured while he was working on, at, about, near, and/or within the construction site performing construction, rehabilitation, and/or 6 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 demolition work when he was caused to fall and be injured when the ladder he was working on shifted and he fell from an elevated height which resulted in him suffering serious and permanent personal injuries (said incident being hereinafter referred to as the “Accident.” 34. That the plaintiff’s work at the time and place of the aforesaid accident required plaintiff to work at an elevation. 35. That the ladder upon which plaintiff was caused, suffered and/or permitted to work was in dangerous, defective condition at the time of the aforesaid accident AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF 36. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the First Cause of Action, with the same force and effect as though fully set forth therein. 37. That on the accident date, there existed in full force and effect, within the State of New York, Section 200 (1) of the Labor Law of the State of New York. 38. The Defendant was on prior actual and/or constructive notice of the dangerous/defective conditions existing at the time of plaintiff’s accident. 39. The Defendant directed, supervised, and/or controlled plaintiff’s work at the time of plaintiff’s accident. 40. That the accident was caused by the carelessness, recklessness and/or negligence of the defendants and their agents, servants, assigns, employees, managers and/or contractors, in connection with their ownership, operation, control, management, work, construction, demolition, labor, altering, maintenance, contracting, general contracting and/or repairs of, upon and/or relating to the premises of the building; in depriving the plaintiff of a safe place to work; in that the plaintiff was injured when, he was working on, at, about, near, and/or within the construction 7 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 site performing construction, rehabilitation, and/or demolition work when he was struck by an object that fell from an elevated height. 41. The defendant 164 4 LLC, were negligent in that they failed to provide proper protection and equipment and maintain safety devices at the aforementioned premises; in suffering, causing and/or permitting and allowing the aforementioned premises to include its aforesaid building structure to be altered, erected, repaired, demolished and/or otherwise constructed without providing the proper means to conform with the requirements of the Labor Law of the State of New York; failed to properly control, direct and/or supervise the plaintiff with proper safety devices placed so as to afford proper protection to the plaintiff lawfully working thereat; failed to inspect the work areas on the date of the accident and prior thereto to see that said work area contained proper and approved safety devices and working area; failed to inspect the work areas on the date of the accident and prior thereto; in that they failed to provide Plaintiff with a safe place to work; failed to provide the Plaintiff with a hazard-free work place; failed to provide the proper, appropriate and safe hoisting devices so fixed, chosen, secured and/or maintained and braced so as to prevent objects from falling upon the Plaintiff; failed to provide the Plaintiff with proper and approved safety devices so placed, fixed and/or secured so as to afford proper protection to the Plaintiff working thereat; failed to prevent equipment from falling onto the Plaintiff; failed to provide a proper hoisting system with safety devices such as an anti-safe fall device, limit control switch, hanging cage, floor call system and rack and automatic gear lubrication system; failed to provide proper safety devices such as a catch platform, netting and/or scaffold to prevent objects from falling from an elevated height onto Plaintiff; failed to properly control, direct and/or supervise the Plaintiff with proper safety devices placed so as to afford proper protection to the Plaintiff lawfully working thereat; failed to inspect the work areas on the date of the accident and 8 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 prior thereto to see that said work area contained proper and approved safety devices and working area; failed to inspect the work areas on the date of the accident and prior thereto to see that said hoisting mechanism was safe and proper; failed to perform proper inspections of the work site to see and remedy the dangerous and defective conditions existing upon said work site; failed to properly supervise the work at the premises and/or the work of other defendants; failed to adopt proper safety measures and/or enforce adherence to proper safety measures or rules; and directed the Plaintiff to perform work at the premises in an improper and dangerous manner; failed to properly supervise the work at the premises and/or the work of other contractors; failed to adopt proper safety measures and/or enforce adherence to proper safety measures or rules; directed the plaintiff to perform work at the premises in an improper and dangerous manner; in failing to adopt a secure plan of safety wherein workers could safely perform their assigned duties upon said premises, in directing and/or permitting plaintiff to engage in work without providing for and enabling such work to be performed and done in safe manner for the prevention of accidents and for the protection of persons engaged in such work; in failing and/or failing to properly provide safe and/or adequate safety devices and/or equipment for the plaintiff's use as provided for by the statutes, ordinances, rules, and regulations and codes; in suffering, permitting, and/or allowing the aforementioned construction material and work area and surrounding construction area to be and remain in a dangerous, defective, and otherwise negligent and careless condition; in failing to properly equip the aforementioned surrounding construction area and/or portions thereof with proper and/or suitable safety devices or safety equipment pursuant to the applicable sections of the laws of the State of New York; in suffering, permitting and/or allowing work to be performed in a unsafe and dangerous manner; failing to keep the said premises to remain without the safe and adequate supervision and/or direction as required by the statutes, ordinances, rules and regulations 9 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 and codes of the State of New York; in negligently failing to hire and/or otherwise provide proper and/or suitable personnel for the circumstances then and there existing upon defendants' premises and/or construction site; in suffering, permitting, and/or allowing the aforesaid construction material and work area and/or construction site to be and/or remain in a defective, dangerous, and negligent condition; in negligently and/or improperly directing, supervising and/or otherwise failing to properly oversee the aforesaid work on defendants' premises and/or construction site; all which the defendants, their agents, servants and/or employees knew or in the exercise of reasonable care should have known; in negligently and/or carelessly constructing, placing, building and/or erecting the aforementioned work area at the construction site; in failing to properly train, supervising and/or otherwise directing the work required to be performed upon defendants' aforementioned premises; in suffering, permitting and/or allowing sub-contractors and/or workmen to work without proper or adequate inspection as to the maintenance, care, control, use, and supervision of the aforesaid work area and/or construction site; in suffering, permitting, and allowing said work area to be maintained and/or utilized in an improper, unsafe, illegal, and/or otherwise dangerous, careless and reckless manner; in suffering, permitting, and allowing said construction material and work area to be erected, maintained and/or used in violation of the statutes, rules, codes and/or ordinances made and provided therefore; in negligently and/or carelessly removing the aforesaid safety equipment; in failing and/or failing to properly warn and/or apprise of the dangerous conditions; in failing and/or failing to properly post signs, rope and/or otherwise cordon the aforementioned dangerous and hazardous condition; in failing to properly and/or adequately maintain and repair said construction material and work area; in suffering, causing and/or permitting defendants' aforementioned premises to include the aforesaid construction material and work area to be and/or remain in a dirty, filthy, unsafe, unsecured and/or 10 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 debris-ridden condition to include suffering, causing and/or permitting certain equipment and/or material to be and/or remain in a dangerous and/or hazardous condition on defendants' aforesaid surrounding construction site so as to create a hazardous and dangerous condition for the aforementioned workers to include this plaintiff. Plaintiff further claims that the aforementioned condition constituted a nuisance; in negligently and/or carelessly building, constructing and/or otherwise assembling and/or maintaining the aforementioned construction material and work area and/or premises; in violating rules of the Boards of Standards and Appeals, the Administrative Code of the State of New York and the rules of the Occupational Safety and Health Administration as they pertain to construction; in failing to obey the applicable statutes, ordinances, rules and regulations 42. That by reason of the negligence of defendants as foresaid, defendants violated Section 200(1) of the Labor Law of the State of New York. 43. That by reason of the foregoing, plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower Court which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF 44. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the First and Second Cause of Action, with the same force and effect as though fully set forth therein. 45. That on the accident date, there existed in full force and effect, within the State of New York, Section 240 of the Labor Law of the State of New York. 46. That by reason of the negligence of the Defendants, 164 4 LLC, defendants violated Section 240 of the Labor Law of the State of New York. 11 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 47. That by reason of the foregoing, plaintiff, JOSE YONEL FERNANDEZ CAMPOS, has been damaged in an amount that exceeds the jurisdictional limits of all courts that would otherwise have Jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 48. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the First and Second Cause of Action, with the same force and effect as though fully set forth therein. 49. That on the accident date, there existed in full force and effect, within the State of New York, Section 241 (6) of the Labor Law of the State of New York. 50. That the accident was caused by the carelessness, recklessness and/or negligence of the defendants and their agents, servants, assigns, employees, managers and/or contractors, in connection with their ownership, operation, control, management, work, construction, demolition, labor, altering, maintenance, contracting, general contracting and/or repairs of, upon and/or relating to the premises of the building; in depriving the plaintiff of a safe place to work; in violating Section 241(6) of the New York Labor Law. 51. The by reason of the foregoing, plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction. AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 52. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the First Second and Third Cause of Action, with the same force and effect as though fully set forth therein. 53. That on the accident date, there existed in full force and effect, within the State of New York, the various rules and regulations of the Board of Standards and Appeals more commonly known as Rule 23 of the Industrial Code of the State of New York. 12 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 54. That by reason of the acts and or omissions of defendants as aforesaid, defendants violated sections of Rule 23 of the Industrial Code of the State of New York, including but not limited to Sections 23-1.21(b); 23-1.21(b)(3); 23-1.21(b)(4); and 23-1.21(b)(4)(iii). 55. The accident resulted in severe, personal and permanent injuries to said plaintiff as a result of the negligence, carelessness, recklessness, gross negligence and/or violation of statute of the defendant of 164 4 LLC their agents, servants: employees, licensees, and/or assigns in the ownership, operation, maintenance, repair, construction, management, inspection and control of the premises, and those acting under its direction, behest, permission and control in the ownership, operation, designing, creating, management, maintenance, contracting, subcontracting, supervision, authorizing use and control of the premises located as described above. 56. Plaintiff herein contributed in any manner whatsoever to the occurrence of the Accident and/or damages caused thereby. 57. As a result of the defendants’ carelessness, recklessness and/or negligence in causing the accident, Plaintiff JOSE YONEL FERNANDEZ CAMPOS has sustained serious personal injuries, both physical and psychological, of a permanent and extremely painful and debilitating nature in connection with which he has suffered, still suffers and may in the future continue to suffer great pain; and for which he was compelled to seek medical care, attention and treatment in an effort to be cured and for which he may in the future be so required; and for which he was compelled to expend large sums of money in an effort to obtain said medical care, attention and treatment in an effort to be cured of said injuries and may in the future be so required; and from which he was disabled from attending to his usual duties and activities and may in the future be so disabled; and from which he was confined to his bed, home and hospital for a period of time and may in the future be so confined. 13 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 58. By reason of the foregoing, Plaintiff JOSE YONEL FERNANDEZ CAMPOS has sustained damages exceeding the jurisdictional limits of all lower courts that would otherwise have jurisdiction. 59. Plaintiff JOSE YONEL FERNANDEZ CAMPOS demands judgment against the defendants herein in the sum of TEN MILLION ($10,000,000.00) DOLLARS, together with the interest costs and disbursements of this action. WHEREFORE, Plaintiff JOSE YONEL FERNANDEZ CAMPOS demands judgement against all defendants on each and every cause of action alleged in this VERIFIED COMPLAINT in a sum exceeding the jurisdictional limits of all lower Courts which would otherwise have jurisdiction, together with the costs and disbursements relating to this action. Dated: New York, New York June 11, 2024 JR WYATT LAW PLLC _____________________ Simon A. Befikadu, Esq. Attorneys for Plaintiff JOSE YONEL FERNANDEZ CAMPOS 295 Madison Avenue, 27th Floor New York, New York 10017 Tel. (212) 557-2776 Fax (646) 349-2776 14 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 ATTORNEY’S VERIFICATION Simon A. Befikadu, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at JR Wyatt Law, PLLC, attorneys of record for Plaintiff, JOSE YONEL FERNANDEZ CAMPOS in the action within. I have read the annexed Summons and Complaint and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason I make this affirmation instead of the plaintiff JOSE YONEL FERNANDEZ CAMPOS , is because said plaintiff does not reside in the County of NEW YORK, where your affirmant’s law office is located. Dated: New York, New York June 11, 2024 ____________________ Simon A. Befikadu, Esq. 15 of 16 FILED: NEW YORK COUNTY CLERK 06/11/2024 04:38 PM INDEX NO. 155389/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSE YONEL FERNANDEZ CAMPOS , Plaintiff, -against- 164 4 LLC, Defendants. ______________________________________________________________________________ INDEX NO.: SUMMONS AND VERIFIED COMPLAINT ______________________________________________________________________________ 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 contentious contained in the annexed document are not frivolous. Dated: New York, New York June 11, 2024 _______________________ By: Simon A. Befikadu, Esq. JR WYATT LAW, PLLC Attorneys for Plaintiff 295 Madison Avenue, 27th Floor New York, NY 10017 Telephone: (212) 557-2776 Facsimile: (646) 349-2776 ______________________________________________________________________________ 16 of 16