Preview
FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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CLERMONT INSURANCE COMPANY a/s/o
196 OWNERS CORP., SUMMONS
Plaintiff, Index No.:
-against-
The basis for venue is the
CONSOLIDATED EDISON COMPANY county in which a
OF NEW YORK, INC., substantial part of the
events or omissions giving
Defendant. rise to the claim occurred.
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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 within 20 days after the service of
this summons, exclusive of the day 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: New York, New York
June 13, 2024
SJOQUIST LAW OFFICES
By: Chad E. Sjoquist
Attorneys for Plaintiff
757 Third Avenue, Tenth Floor
New York, New York 10017
(201) 518-2504
To:
Consolidated Edison Company of New York, Inc.
Attn: Law Dep’t – Room 1850-S
4 Irving Place
New York, New York 10003
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FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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CLERMONT INSURANCE COMPANY a/s/o
196 OWNERS CORP., COMPLAINT
Plaintiff, Index No.:
-against-
CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC.,
Defendant.
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Plaintiff Clermont Insurance Company a/s/o 196 Owners Corp., by its
attorneys, Sjoquist Law Offices, as and for a complaint against Defendant Consolidated
Edison Company of New York, Inc., respectfully alleges as follows:
1. That at all times hereinafter mentioned, Plaintiff Clermont Insurance
Company was a foreign corporation duly licensed and authorized to write insurance and
conduct business in the State of New York.
2. That at all times hereinafter mentioned, Plaintiff’s subrogor, 196
Owners Corp. (the “Cooperative”), was a domestic business corporation organized and
existing under the laws of the State of New York.
3. That at all times hereinafter mentioned, the Cooperative owned the
building at 196 East 75th Street (the “Building”) in the County, City and State of New
York.
4. That at all times hereinafter mentioned, Defendant Consolidated
Edison Company of New York, Inc. (“Con Ed”) was a domestic business corporation
organized and existing under the laws of the State of New York.
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FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
5. That on or about February 2, 2022, Con Ed owned a manhole and
other apparatus and equipment underneath the street and/or sidewalk adjacent to or near
the Building.
6. That on or about February 2, 2022, Con Ed had both common law
and statutory duties to properly inspect, maintain, repair, and replace its manhole and other
apparatus and equipment underneath the street and/or sidewalk adjacent to or near the
Building.
7. That on or about February 2, 2022, an explosion, fire, and/or other
adverse event occurred in a manhole or other apparatus and equipment underneath the
street and/or sidewalk adjacent to or near the Building.
8. That the explosion, fire, and/or other adverse event damaged
portions of the Building and its electrical and other equipment.
9. That said damage was caused by Con Ed’s negligence through Con
Ed’s failure to properly inspect, maintain, repair and replace its manhole and other
apparatus and equipment underneath the street and/or sidewalk adjacent to or near the
Building.
10. That Con Ed affirmatively caused the explosion, fire and/or other
adverse event through its activities in the manhole and/or on the other apparatus and
equipment underneath the street and/or sidewalk adjacent to or near the Building.
11. That the doctrine of res ipsa loquitor applies to the damage that the
Building sustained.
12. That the Cooperative was free from negligence and did not
proximately cause the damage to the Building.
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FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
13. That on or about May 30, 2021, Plaintiff issued an insurance policy
to the Cooperative that provided coverage for the damage, including all expenses incurred
as a result of the damage.
14. That the Cooperative submitted a claim to Plaintiff for the damage
and expenses.
15. That Plaintiff reimbursed the Cooperative and otherwise made
payments as a result of the damage and pursuant to its obligation to provide insurance
coverage to the Cooperative.
16. That the Cooperative assigned its right to collect its damages and
losses to Plaintiff.
17. That as a result of its payments and the assignment, Plaintiff became
subrogated to, and became the assignee of, the Cooperative’s rights, claims and causes of
action against Con Ed.
18. That Plaintiff is the real party in interest and is entitled to recover
from Con Ed at least $75,000, including all damages and expenses incurred by Plaintiff
and the Cooperative, the insurance policy deductible, and all legal expenses, costs, fees,
disbursements, and pre-judgment and post-judgment interest
WHEREFORE, Plaintiff Clermont Insurance Company a/s/o 196 Owners
Corp. demands judgment against Consolidated Edison Company of New York, Inc. in an
amount of at least $75,000, plus all legal expenses, costs, fees, disbursements, and pre-
judgment and post-judgment interest.
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FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
Dated: New York, New York
June 11, 2024
SJOQUIST LAW OFFICES
By: Chad E. Sjoquist
Attorneys for Plaintiff
757 Third Avenue, Tenth Floor
New York, New York 10017
(201) 518-2504
To:
Consolidated Edison Company of New York, Inc.
Attn: Law Dep’t – Room 1850-S
4 Irving Place
New York, New York 10003
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FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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CLERMONT INSURANCE COMPANY a/s/o
196 OWNERS CORP.,
Plaintiff,
-against-
CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC.,
Defendant.
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SUMMONS AND COMPLAINT
SJOQUIST LAW OFFICES
Attorneys for Plaintiff
757 Third Avenue, Tenth Floor
New York, New York 10017
(201) 518-2504
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Preview
FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X CLERMONT INSURANCE COMPANY a/s/o 196 OWNERS CORP., SUMMONS Plaintiff, Index No.: -against- The basis for venue is the CONSOLIDATED EDISON COMPANY county in which a OF NEW YORK, INC., substantial part of the events or omissions giving Defendant. rise to the claim occurred. ----------------------------------------------------------------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 within 20 days after the service of this summons, exclusive of the day 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: New York, New York June 13, 2024 SJOQUIST LAW OFFICES By: Chad E. Sjoquist Attorneys for Plaintiff 757 Third Avenue, Tenth Floor New York, New York 10017 (201) 518-2504 To: Consolidated Edison Company of New York, Inc. Attn: Law Dep’t – Room 1850-S 4 Irving Place New York, New York 10003 1 of 6 FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X CLERMONT INSURANCE COMPANY a/s/o 196 OWNERS CORP., COMPLAINT Plaintiff, Index No.: -against- CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant. ----------------------------------------------------------------X Plaintiff Clermont Insurance Company a/s/o 196 Owners Corp., by its attorneys, Sjoquist Law Offices, as and for a complaint against Defendant Consolidated Edison Company of New York, Inc., respectfully alleges as follows: 1. That at all times hereinafter mentioned, Plaintiff Clermont Insurance Company was a foreign corporation duly licensed and authorized to write insurance and conduct business in the State of New York. 2. That at all times hereinafter mentioned, Plaintiff’s subrogor, 196 Owners Corp. (the “Cooperative”), was a domestic business corporation organized and existing under the laws of the State of New York. 3. That at all times hereinafter mentioned, the Cooperative owned the building at 196 East 75th Street (the “Building”) in the County, City and State of New York. 4. That at all times hereinafter mentioned, Defendant Consolidated Edison Company of New York, Inc. (“Con Ed”) was a domestic business corporation organized and existing under the laws of the State of New York. 2 of 6 FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 5. That on or about February 2, 2022, Con Ed owned a manhole and other apparatus and equipment underneath the street and/or sidewalk adjacent to or near the Building. 6. That on or about February 2, 2022, Con Ed had both common law and statutory duties to properly inspect, maintain, repair, and replace its manhole and other apparatus and equipment underneath the street and/or sidewalk adjacent to or near the Building. 7. That on or about February 2, 2022, an explosion, fire, and/or other adverse event occurred in a manhole or other apparatus and equipment underneath the street and/or sidewalk adjacent to or near the Building. 8. That the explosion, fire, and/or other adverse event damaged portions of the Building and its electrical and other equipment. 9. That said damage was caused by Con Ed’s negligence through Con Ed’s failure to properly inspect, maintain, repair and replace its manhole and other apparatus and equipment underneath the street and/or sidewalk adjacent to or near the Building. 10. That Con Ed affirmatively caused the explosion, fire and/or other adverse event through its activities in the manhole and/or on the other apparatus and equipment underneath the street and/or sidewalk adjacent to or near the Building. 11. That the doctrine of res ipsa loquitor applies to the damage that the Building sustained. 12. That the Cooperative was free from negligence and did not proximately cause the damage to the Building. 3 of 6 FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 13. That on or about May 30, 2021, Plaintiff issued an insurance policy to the Cooperative that provided coverage for the damage, including all expenses incurred as a result of the damage. 14. That the Cooperative submitted a claim to Plaintiff for the damage and expenses. 15. That Plaintiff reimbursed the Cooperative and otherwise made payments as a result of the damage and pursuant to its obligation to provide insurance coverage to the Cooperative. 16. That the Cooperative assigned its right to collect its damages and losses to Plaintiff. 17. That as a result of its payments and the assignment, Plaintiff became subrogated to, and became the assignee of, the Cooperative’s rights, claims and causes of action against Con Ed. 18. That Plaintiff is the real party in interest and is entitled to recover from Con Ed at least $75,000, including all damages and expenses incurred by Plaintiff and the Cooperative, the insurance policy deductible, and all legal expenses, costs, fees, disbursements, and pre-judgment and post-judgment interest WHEREFORE, Plaintiff Clermont Insurance Company a/s/o 196 Owners Corp. demands judgment against Consolidated Edison Company of New York, Inc. in an amount of at least $75,000, plus all legal expenses, costs, fees, disbursements, and pre- judgment and post-judgment interest. 4 of 6 FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 Dated: New York, New York June 11, 2024 SJOQUIST LAW OFFICES By: Chad E. Sjoquist Attorneys for Plaintiff 757 Third Avenue, Tenth Floor New York, New York 10017 (201) 518-2504 To: Consolidated Edison Company of New York, Inc. Attn: Law Dep’t – Room 1850-S 4 Irving Place New York, New York 10003 5 of 6 FILED: NEW YORK COUNTY CLERK 06/13/2024 11:32 AM INDEX NO. 652991/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X CLERMONT INSURANCE COMPANY a/s/o 196 OWNERS CORP., Plaintiff, -against- CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant. ----------------------------------------------------------------X SUMMONS AND COMPLAINT SJOQUIST LAW OFFICES Attorneys for Plaintiff 757 Third Avenue, Tenth Floor New York, New York 10017 (201) 518-2504 6 of 6