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FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFNEWYORK
_______________..____________________________________..____________....._____Ç
JAMELLPICKERSGILL, SUMMONS
Plaintiff(s), Index No.:
-against- Date filed:
CRUZ& COMPANY,INC., THEMETROPOLITAN
E.E.
TRANSPORTATION AUTHORITY,NEWYORKCITY
TRANSIT AUTHORITYand THE CITY OFNEWYORK,
Defendant(s).
_________________..............._________.._____..____________________________Ç
TOTHEABOVENAMEDDEFENDANT(s):
YOUAREHEREBYSUMMONED
to appear in this action by serving a notice of
appearance on plaintiff s attorneys 20 days after service of this summons, exclusive of the
within
day of service, or within 30 days after service is complete if this summons is not personally
delivered to you within the State of New York. In case of your failure to answer, Judgment will
be taken against you by default for the relief demandedin the Complaint.
The basis of venue is the location of the occurrence pursuant to CPLR§504(3).
The location of the occurrence is the BJ2 tunnel within the underground Emergency Vent
Plant under Forsyth Street between Delancy Street and Rivington Street, County of New York.
Dated: Queens, NewYork
June 4, 2024
Yours, etc.,
ANDRE . PALMER,ESQ.
SCOTT ÅRON& ASSOCIATES,P.C.
Attorne for Plaintiff(s)
JAMELLPICKERSGILL
159-45 Cross Bay Boulevard
Howard Beach, New York 11414
(718) 738-9800
File No.: 23-16434
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OFTHESTATEOFNEWYORK
SUPREMECOURT
COUNTYOFNEWYORK
_____________..______.._____..__..____________________Ç
JAMELLPICKERSGILL,
VERIFIED
Plaintiff(s), COMPLAINT
-against- Index No.:
CRUZ& COMPANY,INC., THEMETROPOLITAN
E.E.
TRANSPORTATION AUTHORITY,NEWYORKCITY
TRANSIT AUTHORITYand THE CITY OFNEWYORK,
Defendant(s).
......_______..______________________..--..__........______..........----X
Plaintiff, by his attorney, SCOTTBARON& ASSOCIATES,P.C., as and for a cause of
action, complaining of the defendants herein, respectfully show(s) to this Court and alleges upon
information and belief as follows:
l. That at the time ofthe commencementofthis action, JAMELLPICKERSGILL, was
a resident of Queens County, State of NewYork.
2. That this action falls within one or more of the exemptions set forth in CPLR1602.
AS ANDFORFIRST CAUSEOFACTION
ONBEHALFOFPLAINTIFF
3. That on September 16, 2023, and at all times herein mentioned, defendant E.E.
CRUZ& COMPANY,INC. was a domestic corporation duly organized and existing under and by
virtue of the laws ofthe State ofNew York.
4. That on September 16, 2023, and at all times herein mentioned, defendant E.E.
CRUZ& COMPANY,INC. was a partnership duly organized and existing under and by virtue of
the laws ofthe State of NewYork.
5. That on September 16, 2023, and at all times herein mentioned, defendant E.E.
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CRUZ& COMPANY,INC. was a domestic limited liability company duly organized and
existing under and by virtue of the laws of the State of NewYork.
6. That on September 16, 2023, and at all times herein mentioned, the principal place
of business of defendant E.E. CRUZ& COMPANY,INC. was in the County of Queens, State
of NewYork.
7. That on September 16, 2023, and at all times herein mentioned, defendant
E.E. CRUZ& COMPANY,INC. was a domestic corporation duly organized and existing
under and by virtue of the laws of the State of NewYork.
8. That on September 16, 2023, and at all times herein mentioned, defendant
E.E. CRUZ& COMPANY,INC. was a partnership duly organized and existing under and
by virtue of the laws of the State of New York.
9. That on September 16, 2023, and at all times hereinafter mentioned, the
defendant METROPOLITANTRANSPORTATION
AUTHORITYwas and is a Public
Authority organized pursuant to, and existing under, the Laws of the State of New York.
10. That on September 16, 2023, and at all times herein mentioned, there existed a
premises located at Forsyth Vent Plant, track BJ2, County of NewYork, State of New York.
11. That on September 16, 2023, and at all times herein mentioned, defendant
METROPOLITANTRANSPORTATION
AUTHORITYwas and still is a domestic municipal
corporation.
12. That prior hereto on December 1, 2023, and within the time prescribed by law, a
sworn Notice of Claim stating, among other things, the time when and place where the injuries
and damages were sustained, together with plaintiffs demands for adjustment thereof was duly
served on the claimants behalf on the METROPOLITANTRANSPORTATION
AUTHORITY
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and that thereafter said METROPOLITANTRANSPORTATION
AUTHORITYrefused or
neglected for more than thirty (30) days and up to the commencement of this action to make any
adjustment or payment thereof, and that thereafter, and within the time provided by law, this
action was commenced.
13. That a hearing of the plaintiff was held on March 11, 2024, pursuant to §50-h of
the General Municipal Law, Public Authorities Law §l744(4) and Education Law §2562(2) by
defendant METROPOLITANTRANSPORTATION
AUTHORITY.
14. That on September 16, 2023, and at all times hereinafter mentioned, the
defendant NEWYORKCITY TRANSITAUTHORITYwas and is a Public Authority
organized pursuant to, and existing under, the Laws of the State ofNew York.
15. That on September 16, 2023, and at all times herein mentioned, there existed a
premises located at Forsyth Vent Plant, track BJ2, County ofNew York, State ofNew York.
16. That on September 16, 2023, and at all times herein mentioned, defendant NEW
YORKCITY TRANSITAUTHORITYwas and still is a domestic municipal corporation,
17. That prior hereto on December 1, 2023, and within the time prescribed by law, a
sworn Notice of Claim stating, among other things, the time when and place where the injuries
and damages were sustained, together with plaintiffs demands for adjustment thereof was duly
served on the claimants behalf on the NEWYORKCITY TRANSITAUTHORITYand that
thereafter said NEWYORKCITY TRANSITAUTHORITYrefused or neglected for more than
thirty (30) days and up to the commencement of this action to make any adjustment or payment
thereof, and that thereafiter, and within the time provided by law, this action was commenced.
18. That at the time of the commencement of this action, more than ninety (90) days
have elapsed since the date of service of said Notice of Claim, and the defendant NEWYORK
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CITY TRANSITAUTHORITYhas failed and/or neglected to request a hearing of the plaintiff
pursuant to §50-h of the General Municipal Law.
19. That on September 16, 2023, and at all times herein mentioned, there existed a
premises located at Forsyth Vent Plant, track BJ2, County ofNew York, State of New York.
20. That on September 16, 2023, and at all times herein mentioned, defendant THE
CITY OFNEWYORKwas and still is a domestic municipal corporation.
21. That prior hereto on December 1, 2023, and within the time prescribed by law, a
sworn Notice of Claim stating, among other things, the time when and place where the injuries
and damages were sustained, together with plaintiff s demands for adjustment thereof was duly
served on the claimant's behalf on THE CITY OFNEWYORKand that thereafter said THE
CITY OFNEWYORKrefused or neglected for more than thirty (30) days and up to the
commencement of this action to make any adjustment or payment thereof, and that thereafter,
and within the time provided by law, this action was commenced.
22. That at the time of the commencement of this action, more than ninety (90) days
have elapsed since the date of service of said Notice of Claim, and the defendant THE CITY OF
NEWYORKhas failed and/or neglected to request a hearing of the plaintiff pursuant to §50-h of
the General Municipal Law.
23. That on September 16, 2023, and at all times herein mentioned, the premises
located at Forsyth Vent Plant, track BJ2, County of New York, State of New York was in the
process of construction.
24. That on September 16, 2023, and at all times herein mentioned, the premises
located at Forsyth Vent Plant, track BJ2, County of New York, State of New York was in the
process of renovation.
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25. That on September 16, 2023, and at all times herein mentioned, the premises
located at Forsyth Vent Plant, track BJ2, County of NewYork, State of NewYork was in the
process of reconstruction.
26. That on September 16, 2023, and at all times herein mentioned, defendant
METROPOLITANTRANSPORTATION
AUTHORITYwas the owner of the
aforementioned premises.
27. That on September 16, 2023, and at all times herein mentioned, defendant
NEWYORKCITY TRANSITAUTHORITYwas the owner of the aforementioned
premises.
28. That on September 16, 2023, and at all times herein mentioned, defendant
THECITY OFNEWYORKwas the owner of the aforementioned premises.
29. That on September 16, 2023, and at all times herein mentioned, defendant
E.E. CRUZ& COMPANY,INC., was the construction manager in charge of the work then
and there in progress at the aforementioned location.
30. That on September 16, 2023, and at all times herein mentioned, defendant E.E.
CRUZ& COMPANY,INC., was acting as the agent of the owner of the aforesaid premises.
31. That on September 16, 2023, and at all times herein mentioned, defendant E.E.
CRUZ& COMPANY,INC., was the general contractor in charge of the work then and there
in progress at the aforementioned location.
32. That on September 16, 2023, and at all times herein mentioned, plaintiff
JAMELLPICKERSGILL was lawfully engaged in his employment at the aforesaid location.
33. That on September 16, 2023, while plaintiff JAMELLPICKERSGILL was
lawfully engaged in his employment on the construction, reconstruction and/or renovation of
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the aforementioned premises he was caused to sustain severe and permanent personal injuries
through the negligence of the defendants in the construction, renovation and reconstruction of
the aforementioned premises.
34. That the aforementioned occurrence and the results thereof, including the
injuries sustained by the plaintiff, were caused by and due to the joint, concurrent and several
negligence of the defendants, their agents, servants, employees and/or licensees in failing to
provide the plaintiff with a safe place to work and in failing to provide plaintiff with adequate
and proper equipment to perform the work he was assigned to perform; in providing plaintiff
with defective and/or malfunctioning equipment with which to conduct his work; in causing
and/or permitting unsafe conditions to exist at the aforesaid construction site which
constituted a danger, nuisance and menace to the safety of the plaintiff; in causing and/or
permitting hazardous and dangerous conditions to exist in violation of law; in failing to take
the necessary steps and measures to protect the life of the plaintiff; in causing the plaintiff to
work and to be employed in a hazardous place under dangerous circumstances without the
benefit of adequate and appropriate protection for his safety and welfare; in failing to
construct, shore, equip, place, guard, arrange and maintain the construction site at the
aforesaid premises so as to give proper protection to the plaintiff, all in reckless disregard to
the rights of the plaintiff and in violation of applicable laws, statutes and ordinances,
including, but not limited to, the Labor Law of the State of New York; and in being otherwise
reckless, careless and negligent in operating, equipping, arranging, guarding, constructing and
maintaining the workplace.
35. By reason of the aforementioned plaintiff has been and will continue to be
unable to attend to his usual pursuits, has required, and will continue to require, hospital and
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medical attention in an attempt to cure himself/herself of said injuries; has been and will
continue to be required to expend money in said attempts; has sustained and continues to sustain
pecuniary loss by reason of same, all to plaintiffs damage in an amount that exceeds the
jurisdictional limits of all lower courts which otherwise would have jurisdiction.
AS ANDFORA SECOND
CAUSEOFACTION
ONBEHALFOFPLAINTIFF
36. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in
"1" "35"
paragraphs through with the same force and effect as though fully set forth at length
herein.
37. That on September 16, 2023, there existed, in full force and effect, within
the State of New York, Section 200 of the Labor Law of the State of New York.
38. That on September 16, 2023, and at all times referred to herein, the
defendant E.E. CRUZ& COMPANY,INC. supervised and controlled the work being
performed at the Forsyth Vent Plant, track BJ2 worksite.
39, That on September 16, 2023, and at all times referred to herein, defendant
E.E. CRUZ& COMPANY,INC. supervised and controlled the work being performed by
plaintiff at the Forsyth Vent Plant, track BJ2 worksite.
40. That on September 16, 2023, and at all times referred to herein, the
defendant METROPOLITANTRANSPORTATION
AUTHORITYsupervised and
controlled the work being performed at the Forsyth Vent Plant, track BJ2 worksite.
41. That on September 16, 2023, and at all times referred to herein, defendant
METROPOLITANTRANSPORTATION
AUTHORITYsupervised and controlled the
work being performed by plaintiff at the Forsyth Vent Plant, track BJ2 worksite.
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42. That on September 16, 2023, and at all times referred to herein, the
defendant NEWYORKCITY TRANSIT AUTHORITYsupervised and controlled the
work being performed at the Forsyth Vent Plant, track BJ2 worksite.
43. That on September 16, 2023, and at all times referred to herein, defendant
NEWYORKCITY TRANSITAUTHORITYsupervised and controlled the work being
performed by plaintiff at the Forsyth Vent Plant, track BJ2 worksite.
44. That on September 16, 2023, and at all times referred to herein, the
defendant THECITY OFNEWYORKsupervised and controlled the work being
performed at the Forsyth Vent Plant, track BJ2 worksite.
45. That on September 16, 2023, and at all times referred to herein, defendant
THE CITY OFNEWYORKsupervised and controlled the work being performed by
plaintiff at the Forsyth Vent Plant, track BJ2 worksite.
46. That by reason of the negligence of the defendants as aforesaid in failing
to provide plaintiff with a safe place to work, the said defendants violated Section 200 of
the Labor Law of the State of New York.
47. That by failing to provide plaintiff with a safe place to work in violation
of Labor Law Section 200, defendants, individually and collectively, caused plaintiff to
sustain personal injuries.
48. That by reason of the foregoing, the plaintiff has been damagedin a sum
which exceeds the jurisdictional limits of all lower courts which otherwise would have
jurisdiction.
AS ANDFORA THIRD CAUSEOFACTION
ONBEHALFOFPLAINTIFF
49. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in
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"1" "48"
pamgraphs through with the same force and effect as though fully set forth at length
herein.
50. That on September 16, 2023, there existed, in full force and effect, within the
State of NewYork, Rule 23 of the Industrial Code of the State of New York.
51. That on September 16, 2023, and at all times hereinafter referenced, Rule 23
of the Industrial Code of the State of New York provided, inter alia, specific rules related to
the safety of workers.
52. That on September 16, 2023, and at all times hereinafter referenced, Rule 23
of the Industrial Code of the State of New York provided, inter alia, specific rules and
regulations related to equipment provided to workers at worksites within the State of New
York.
53. That on September 16, 2023, and at all times hereinafter referenced, the
defendants suffered and permitted the plaintiff to use machinery or equipment which was not
in good repair and in safe working condition.
54. That on September 16, 2023, and at all times hereinafter mentioned, the
defendants provided plaintiff to use machinery or equipment which was not in good repair
and in safe working condition.
55. That by reason of the negligence of the defendants as aforesaid, the said
defendants violated sections of Rule 23 of the Industrial Code of the State of NewYork.
56, That on September 16, 2023 due to the machinery or equipment plaintiff
was using at the time not being in good repair and safe working condition, plaintiff
sustained personal injury
57. That on September 16, 2023, there existed, in full force and effect, within the
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State of NewYork, Section 241(6) of the Labor Law of the State of New York.
58. That by reason of the negligence of the defendants as aforesaid, the said
defendants violated Section 241(6) of the Labor Law of the State of New York.
59. That by reason of the foregoing, the plaintiff has been damaged in a sum which
exceeds the jurisdictional limits of all lower courts which otherwise would have jurisdiction.
WHEREFORE, Plaintiff JAMELL PICKERSGILL demands Judgment against all
defendants herein on each and every cause of action in an amount exceeding the jurisdictional
limits of all lower courts which otherwise would have jurisdiction, together with the costs and
disbursements of this action.
Dated: Queens, NewYork
June 4, 2024
Yours, etc.
ANDRE . PALMER,ESQ.
SCOTT ARON& ASSOCIATES,P.C.
Attorneys for Plaintiff(s)
JAMELLPICKERSGILL
159-45 Cross Bay Boulevard
Howard Beach, NY 11414
(718) 738-9800
Our File No.: 23-16434
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INDIVIDUAL VERIFICATION
STATE OF NEW YORK )
SS:
COUNTY OF WESTCHESTER)
JAMELL PICKERSGILL, being duly sworn, deposes and says, that deponent is the plaintiff in
the within action; that deponent has read the foregoing VERIFIED COMPLAINT and knows the
contents hereof; that the same is true to deponent's own knowledge, except as to the matters therein
stated to be alleged upon information and belief, and that as to those matters deponent believes them
to be true.
_________________________________________
JAMELL PICKERSGILL
Sworn to before me this
4th day of June 2024
Rafae/4 Villor
NOTARY PUBLIC
RAFAELA VILLAR
Public
Notary fortheState
ofNewYork
Qualified
inWestchester
County
MyCommission Expires
Apr.2,2027
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Document Ref: EKT32-S4FW5-FRD6S-L34MX Page 1 of 3
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File No.: 23-16434
Index No.:
SUPREMECOURTOFTHE STATEOFNEWYORK
COUNTYOFNEWYORK
JAMELLPICKERSGILL,
Plaintiff(s),
-against-
CRUZ& COMPANY,INC., THEMETROPOLITAN
E.E.
TRANSPORTATIONAUTHORITY, NEW YORKCITY
TRANSITAUTHORITYand THECITY OFNEWYORK,
Defendant(s).
SUMMONS
WITH VERIFIED COMPLAINT
DREAR. PALMER,ESQ.,
SC BARON
& ASSOCIATES,P.C.
Attorney for Plaintiff(s)
159-45 Cross Bay Boulevard
Howard Beach, NewYork 11414
(718) 738-9800
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Preview
FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFNEWYORK _______________..____________________________________..____________....._____Ç JAMELLPICKERSGILL, SUMMONS Plaintiff(s), Index No.: -against- Date filed: CRUZ& COMPANY,INC., THEMETROPOLITAN E.E. TRANSPORTATION AUTHORITY,NEWYORKCITY TRANSIT AUTHORITYand THE CITY OFNEWYORK, Defendant(s). _________________..............._________.._____..____________________________Ç TOTHEABOVENAMEDDEFENDANT(s): YOUAREHEREBYSUMMONED to appear in this action by serving a notice of appearance on plaintiff s attorneys 20 days after service of this summons, exclusive of the within day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken against you by default for the relief demandedin the Complaint. The basis of venue is the location of the occurrence pursuant to CPLR§504(3). The location of the occurrence is the BJ2 tunnel within the underground Emergency Vent Plant under Forsyth Street between Delancy Street and Rivington Street, County of New York. Dated: Queens, NewYork June 4, 2024 Yours, etc., ANDRE . PALMER,ESQ. SCOTT ÅRON& ASSOCIATES,P.C. Attorne for Plaintiff(s) JAMELLPICKERSGILL 159-45 Cross Bay Boulevard Howard Beach, New York 11414 (718) 738-9800 File No.: 23-16434 1 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 OFTHESTATEOFNEWYORK SUPREMECOURT COUNTYOFNEWYORK _____________..______.._____..__..____________________Ç JAMELLPICKERSGILL, VERIFIED Plaintiff(s), COMPLAINT -against- Index No.: CRUZ& COMPANY,INC., THEMETROPOLITAN E.E. TRANSPORTATION AUTHORITY,NEWYORKCITY TRANSIT AUTHORITYand THE CITY OFNEWYORK, Defendant(s). ......_______..______________________..--..__........______..........----X Plaintiff, by his attorney, SCOTTBARON& ASSOCIATES,P.C., as and for a cause of action, complaining of the defendants herein, respectfully show(s) to this Court and alleges upon information and belief as follows: l. That at the time ofthe commencementofthis action, JAMELLPICKERSGILL, was a resident of Queens County, State of NewYork. 2. That this action falls within one or more of the exemptions set forth in CPLR1602. AS ANDFORFIRST CAUSEOFACTION ONBEHALFOFPLAINTIFF 3. That on September 16, 2023, and at all times herein mentioned, defendant E.E. CRUZ& COMPANY,INC. was a domestic corporation duly organized and existing under and by virtue of the laws ofthe State ofNew York. 4. That on September 16, 2023, and at all times herein mentioned, defendant E.E. CRUZ& COMPANY,INC. was a partnership duly organized and existing under and by virtue of the laws ofthe State of NewYork. 5. That on September 16, 2023, and at all times herein mentioned, defendant E.E. 2 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 CRUZ& COMPANY,INC. was a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of NewYork. 6. That on September 16, 2023, and at all times herein mentioned, the principal place of business of defendant E.E. CRUZ& COMPANY,INC. was in the County of Queens, State of NewYork. 7. That on September 16, 2023, and at all times herein mentioned, defendant E.E. CRUZ& COMPANY,INC. was a domestic corporation duly organized and existing under and by virtue of the laws of the State of NewYork. 8. That on September 16, 2023, and at all times herein mentioned, defendant E.E. CRUZ& COMPANY,INC. was a partnership duly organized and existing under and by virtue of the laws of the State of New York. 9. That on September 16, 2023, and at all times hereinafter mentioned, the defendant METROPOLITANTRANSPORTATION AUTHORITYwas and is a Public Authority organized pursuant to, and existing under, the Laws of the State of New York. 10. That on September 16, 2023, and at all times herein mentioned, there existed a premises located at Forsyth Vent Plant, track BJ2, County of NewYork, State of New York. 11. That on September 16, 2023, and at all times herein mentioned, defendant METROPOLITANTRANSPORTATION AUTHORITYwas and still is a domestic municipal corporation. 12. That prior hereto on December 1, 2023, and within the time prescribed by law, a sworn Notice of Claim stating, among other things, the time when and place where the injuries and damages were sustained, together with plaintiffs demands for adjustment thereof was duly served on the claimants behalf on the METROPOLITANTRANSPORTATION AUTHORITY 3 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 and that thereafter said METROPOLITANTRANSPORTATION AUTHORITYrefused or neglected for more than thirty (30) days and up to the commencement of this action to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 13. That a hearing of the plaintiff was held on March 11, 2024, pursuant to §50-h of the General Municipal Law, Public Authorities Law §l744(4) and Education Law §2562(2) by defendant METROPOLITANTRANSPORTATION AUTHORITY. 14. That on September 16, 2023, and at all times hereinafter mentioned, the defendant NEWYORKCITY TRANSITAUTHORITYwas and is a Public Authority organized pursuant to, and existing under, the Laws of the State ofNew York. 15. That on September 16, 2023, and at all times herein mentioned, there existed a premises located at Forsyth Vent Plant, track BJ2, County ofNew York, State ofNew York. 16. That on September 16, 2023, and at all times herein mentioned, defendant NEW YORKCITY TRANSITAUTHORITYwas and still is a domestic municipal corporation, 17. That prior hereto on December 1, 2023, and within the time prescribed by law, a sworn Notice of Claim stating, among other things, the time when and place where the injuries and damages were sustained, together with plaintiffs demands for adjustment thereof was duly served on the claimants behalf on the NEWYORKCITY TRANSITAUTHORITYand that thereafter said NEWYORKCITY TRANSITAUTHORITYrefused or neglected for more than thirty (30) days and up to the commencement of this action to make any adjustment or payment thereof, and that thereafiter, and within the time provided by law, this action was commenced. 18. That at the time of the commencement of this action, more than ninety (90) days have elapsed since the date of service of said Notice of Claim, and the defendant NEWYORK 4 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 CITY TRANSITAUTHORITYhas failed and/or neglected to request a hearing of the plaintiff pursuant to §50-h of the General Municipal Law. 19. That on September 16, 2023, and at all times herein mentioned, there existed a premises located at Forsyth Vent Plant, track BJ2, County ofNew York, State of New York. 20. That on September 16, 2023, and at all times herein mentioned, defendant THE CITY OFNEWYORKwas and still is a domestic municipal corporation. 21. That prior hereto on December 1, 2023, and within the time prescribed by law, a sworn Notice of Claim stating, among other things, the time when and place where the injuries and damages were sustained, together with plaintiff s demands for adjustment thereof was duly served on the claimant's behalf on THE CITY OFNEWYORKand that thereafter said THE CITY OFNEWYORKrefused or neglected for more than thirty (30) days and up to the commencement of this action to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 22. That at the time of the commencement of this action, more than ninety (90) days have elapsed since the date of service of said Notice of Claim, and the defendant THE CITY OF NEWYORKhas failed and/or neglected to request a hearing of the plaintiff pursuant to §50-h of the General Municipal Law. 23. That on September 16, 2023, and at all times herein mentioned, the premises located at Forsyth Vent Plant, track BJ2, County of New York, State of New York was in the process of construction. 24. That on September 16, 2023, and at all times herein mentioned, the premises located at Forsyth Vent Plant, track BJ2, County of New York, State of New York was in the process of renovation. 5 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 25. That on September 16, 2023, and at all times herein mentioned, the premises located at Forsyth Vent Plant, track BJ2, County of NewYork, State of NewYork was in the process of reconstruction. 26. That on September 16, 2023, and at all times herein mentioned, defendant METROPOLITANTRANSPORTATION AUTHORITYwas the owner of the aforementioned premises. 27. That on September 16, 2023, and at all times herein mentioned, defendant NEWYORKCITY TRANSITAUTHORITYwas the owner of the aforementioned premises. 28. That on September 16, 2023, and at all times herein mentioned, defendant THECITY OFNEWYORKwas the owner of the aforementioned premises. 29. That on September 16, 2023, and at all times herein mentioned, defendant E.E. CRUZ& COMPANY,INC., was the construction manager in charge of the work then and there in progress at the aforementioned location. 30. That on September 16, 2023, and at all times herein mentioned, defendant E.E. CRUZ& COMPANY,INC., was acting as the agent of the owner of the aforesaid premises. 31. That on September 16, 2023, and at all times herein mentioned, defendant E.E. CRUZ& COMPANY,INC., was the general contractor in charge of the work then and there in progress at the aforementioned location. 32. That on September 16, 2023, and at all times herein mentioned, plaintiff JAMELLPICKERSGILL was lawfully engaged in his employment at the aforesaid location. 33. That on September 16, 2023, while plaintiff JAMELLPICKERSGILL was lawfully engaged in his employment on the construction, reconstruction and/or renovation of 6 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 the aforementioned premises he was caused to sustain severe and permanent personal injuries through the negligence of the defendants in the construction, renovation and reconstruction of the aforementioned premises. 34. That the aforementioned occurrence and the results thereof, including the injuries sustained by the plaintiff, were caused by and due to the joint, concurrent and several negligence of the defendants, their agents, servants, employees and/or licensees in failing to provide the plaintiff with a safe place to work and in failing to provide plaintiff with adequate and proper equipment to perform the work he was assigned to perform; in providing plaintiff with defective and/or malfunctioning equipment with which to conduct his work; in causing and/or permitting unsafe conditions to exist at the aforesaid construction site which constituted a danger, nuisance and menace to the safety of the plaintiff; in causing and/or permitting hazardous and dangerous conditions to exist in violation of law; in failing to take the necessary steps and measures to protect the life of the plaintiff; in causing the plaintiff to work and to be employed in a hazardous place under dangerous circumstances without the benefit of adequate and appropriate protection for his safety and welfare; in failing to construct, shore, equip, place, guard, arrange and maintain the construction site at the aforesaid premises so as to give proper protection to the plaintiff, all in reckless disregard to the rights of the plaintiff and in violation of applicable laws, statutes and ordinances, including, but not limited to, the Labor Law of the State of New York; and in being otherwise reckless, careless and negligent in operating, equipping, arranging, guarding, constructing and maintaining the workplace. 35. By reason of the aforementioned plaintiff has been and will continue to be unable to attend to his usual pursuits, has required, and will continue to require, hospital and 7 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 medical attention in an attempt to cure himself/herself of said injuries; has been and will continue to be required to expend money in said attempts; has sustained and continues to sustain pecuniary loss by reason of same, all to plaintiffs damage in an amount that exceeds the jurisdictional limits of all lower courts which otherwise would have jurisdiction. AS ANDFORA SECOND CAUSEOFACTION ONBEHALFOFPLAINTIFF 36. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in "1" "35" paragraphs through with the same force and effect as though fully set forth at length herein. 37. That on September 16, 2023, there existed, in full force and effect, within the State of New York, Section 200 of the Labor Law of the State of New York. 38. That on September 16, 2023, and at all times referred to herein, the defendant E.E. CRUZ& COMPANY,INC. supervised and controlled the work being performed at the Forsyth Vent Plant, track BJ2 worksite. 39, That on September 16, 2023, and at all times referred to herein, defendant E.E. CRUZ& COMPANY,INC. supervised and controlled the work being performed by plaintiff at the Forsyth Vent Plant, track BJ2 worksite. 40. That on September 16, 2023, and at all times referred to herein, the defendant METROPOLITANTRANSPORTATION AUTHORITYsupervised and controlled the work being performed at the Forsyth Vent Plant, track BJ2 worksite. 41. That on September 16, 2023, and at all times referred to herein, defendant METROPOLITANTRANSPORTATION AUTHORITYsupervised and controlled the work being performed by plaintiff at the Forsyth Vent Plant, track BJ2 worksite. 8 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 42. That on September 16, 2023, and at all times referred to herein, the defendant NEWYORKCITY TRANSIT AUTHORITYsupervised and controlled the work being performed at the Forsyth Vent Plant, track BJ2 worksite. 43. That on September 16, 2023, and at all times referred to herein, defendant NEWYORKCITY TRANSITAUTHORITYsupervised and controlled the work being performed by plaintiff at the Forsyth Vent Plant, track BJ2 worksite. 44. That on September 16, 2023, and at all times referred to herein, the defendant THECITY OFNEWYORKsupervised and controlled the work being performed at the Forsyth Vent Plant, track BJ2 worksite. 45. That on September 16, 2023, and at all times referred to herein, defendant THE CITY OFNEWYORKsupervised and controlled the work being performed by plaintiff at the Forsyth Vent Plant, track BJ2 worksite. 46. That by reason of the negligence of the defendants as aforesaid in failing to provide plaintiff with a safe place to work, the said defendants violated Section 200 of the Labor Law of the State of New York. 47. That by failing to provide plaintiff with a safe place to work in violation of Labor Law Section 200, defendants, individually and collectively, caused plaintiff to sustain personal injuries. 48. That by reason of the foregoing, the plaintiff has been damagedin a sum which exceeds the jurisdictional limits of all lower courts which otherwise would have jurisdiction. AS ANDFORA THIRD CAUSEOFACTION ONBEHALFOFPLAINTIFF 49. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in 9 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 "1" "48" pamgraphs through with the same force and effect as though fully set forth at length herein. 50. That on September 16, 2023, there existed, in full force and effect, within the State of NewYork, Rule 23 of the Industrial Code of the State of New York. 51. That on September 16, 2023, and at all times hereinafter referenced, Rule 23 of the Industrial Code of the State of New York provided, inter alia, specific rules related to the safety of workers. 52. That on September 16, 2023, and at all times hereinafter referenced, Rule 23 of the Industrial Code of the State of New York provided, inter alia, specific rules and regulations related to equipment provided to workers at worksites within the State of New York. 53. That on September 16, 2023, and at all times hereinafter referenced, the defendants suffered and permitted the plaintiff to use machinery or equipment which was not in good repair and in safe working condition. 54. That on September 16, 2023, and at all times hereinafter mentioned, the defendants provided plaintiff to use machinery or equipment which was not in good repair and in safe working condition. 55. That by reason of the negligence of the defendants as aforesaid, the said defendants violated sections of Rule 23 of the Industrial Code of the State of NewYork. 56, That on September 16, 2023 due to the machinery or equipment plaintiff was using at the time not being in good repair and safe working condition, plaintiff sustained personal injury 57. That on September 16, 2023, there existed, in full force and effect, within the 10 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 State of NewYork, Section 241(6) of the Labor Law of the State of New York. 58. That by reason of the negligence of the defendants as aforesaid, the said defendants violated Section 241(6) of the Labor Law of the State of New York. 59. That by reason of the foregoing, the plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which otherwise would have jurisdiction. WHEREFORE, Plaintiff JAMELL PICKERSGILL demands Judgment against all defendants herein on each and every cause of action in an amount exceeding the jurisdictional limits of all lower courts which otherwise would have jurisdiction, together with the costs and disbursements of this action. Dated: Queens, NewYork June 4, 2024 Yours, etc. ANDRE . PALMER,ESQ. SCOTT ARON& ASSOCIATES,P.C. Attorneys for Plaintiff(s) JAMELLPICKERSGILL 159-45 Cross Bay Boulevard Howard Beach, NY 11414 (718) 738-9800 Our File No.: 23-16434 11 of 13 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 INDIVIDUAL VERIFICATION STATE OF NEW YORK ) SS: COUNTY OF WESTCHESTER) JAMELL PICKERSGILL, being duly sworn, deposes and says, that deponent is the plaintiff in the within action; that deponent has read the foregoing VERIFIED COMPLAINT and knows the contents hereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes them to be true. _________________________________________ JAMELL PICKERSGILL Sworn to before me this 4th day of June 2024 Rafae/4 Villor NOTARY PUBLIC RAFAELA VILLAR Public Notary fortheState ofNewYork Qualified inWestchester County MyCommission Expires Apr.2,2027 12 of 13 Document Ref: EKT32-S4FW5-FRD6S-L34MX Page 1 of 3 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:55 PM INDEX NO. 155444/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 File No.: 23-16434 Index No.: SUPREMECOURTOFTHE STATEOFNEWYORK COUNTYOFNEWYORK JAMELLPICKERSGILL, Plaintiff(s), -against- CRUZ& COMPANY,INC., THEMETROPOLITAN E.E. TRANSPORTATIONAUTHORITY, NEW YORKCITY TRANSITAUTHORITYand THECITY OFNEWYORK, Defendant(s). SUMMONS WITH VERIFIED COMPLAINT DREAR. PALMER,ESQ., SC BARON & ASSOCIATES,P.C. Attorney for Plaintiff(s) 159-45 Cross Bay Boulevard Howard Beach, NewYork 11414 (718) 738-9800 13 of 13