Preview
INDEX NO. 804908/2013
(FILED: ERIE COUNTY CLERK 1273172013)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2013
STATE OF NEW YORK : SUPREME COURT
COUNTY OF ERIE
KEVIN MEEGAN
75 Inwood Place, Lower SUMMONS
Buffalo, New York 14209 Served with Complaint
Plaintiff
vs. INDEX NO.
MAIN and CATHEDRAL DEVELOPMENT, LLC
298 Main Street, Suite 222
Buffalo, New York 14202
THE KISSLING INTERESTS, LLC
298 Main Street, Suite 222
Buffalo, New York 14202
BEAUTIFUL HOMES BY THOMAS, INC.
145 Crescent Avenue
Buffalo, New York 14214
TOWER APARTMENTS, INC.
c/o Scott Lacasse
298 Main Street, Suite 210
Buffalo, New York 14202
Defendants
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs
attorney, at the address stated below, a written Answer to the attached Complaint.
If this Summons is served upon you within the State of New York by personal service
you must respond within twenty (20) days after service, not counting the day of service. If
this Summons is not personally delivered to you within the State of New York you must
respond within THIRTY (30) days after service is completed, as provided by law.
If you do not respond to the attached Complaint within the applicable time limitation
stated above a Judgment will be entered against you, by default, for the relief demanded in
the Complaint, without further notice to you.
This action is brought in the County of Erie because of:
i, Plaintiffs residence, or place of business;
a Defendant's residence;
a Designation made by Plaintiff.
DATED: December 31, 2013
. JOSEPH
SARLES, EY and JOSEPH
Attopneéy for Plaintiff
Office, Post ice Address and Telephone
5800 Main Street
Williamsville, New York 14221
(716) 626-5200
STATE OF NEW YORK : SUPREME COURT
COUNTY OF ERIE
KEVIN MEEGAN
Plaintiff COMPLAINT
Vv. INDEX NO.:
MAIN and CATHEDRAL DEVELOPMENT, LLC
THE KISSLING INTERESTS, LLC
BEAUTIFUL HOMES BY THOMAS, INC.
TOWER APARTMENTS, INC.
Defendants
Plaintiff above complaining of the Defendants alleges as follows:
FIRST: That on January 3, 2011, the Defendant, MAIN and CATHEDRAL
DEVELOPMENT, LLC, and/or the Defendant, THE KISSLING INTERESTS, LLC, and/or
the Defendant, BEAUTIFUL HOMES BY THOMAS, INC., and/or the Defendant, TOWER
APARTMENTS, INC., were doing business in the State of New York.
SECOND: That on January 3, 2011, the Defendant, MAIN and CATHEDRAL
DEVELOPMENT, LLC, owned premises located at 298 Main Street, Buffalo, New York.
THIRD: That on or before January 8, 2011, the Defendant, MAIN and
CATHEDRAL DEVELOPMENT, LLC, and/or the Defendant, THE KISSLING
INTERESTS, LLC, and/or the Defendant, BEAUTIFUL HOMES BY THOMAS, INC.,
and/or the Defendant, TOWER APARTMENTS, INC., by and through their agents,
servants and/or employees contracted to oversee and/or performed erection and/or
demolition and/or repairs and/or alterations to the building located at 298 Main Street,
Buffalo, New York.
FOURTH: That on January 8, 2011, the Plaintiff, KEVIN MEEGAN, was an
employee of Bonn Electric Incorporated, and was working on said premises erecting and/or
demolishing and/or repairing and/or altering the building located at 298 Main Street,
Buffalo, New York.
FIFTH: That on January 8, 2011, during the regular course of his duties, the
Plaintiff, KEVIN MEEGAN, was caused to be seriously injured when he was exposed to
and/or was working at an elevated height on a scaffold when he was caused to fall from said
scaffold while working at premises located at 298 Main Street, Buffalo, New York.
SIXTH: That the incident described above was caused by and through the
negligence, carelessness and recklessness of any or all of the Defendants named herein,
their agents, servants and/or employees.
SEVENTH: That additionally, the Defendants named herein, by and through their
agents, servants and/or employees, failed to provide the means for the Plaintiff, KEVIN
MEEGAN, to perform his work as an employee of Bonn Electric Incorporated in a safe
manner and failed to conform with and violated the requirements of the Labor Law of the
State of New York including, but not limited to Labor Law §200, §240 and §241(6).
EIGHTH: That no safety devices were provided to the Plaintiff, KEVIN MEEGAN,
and/or the safety devices provided to the Plaintiff, KEVEN MEEGAN, were inadequate.
NINTH: That the Defendants negligence, carelessness and recklessness and/or
failure to provide the means to the Plaintiff, KEVIN MEEGAN, to perform his work as an
employee of Bonn Electric, Inc. in a safe manner and/or the Defendants violation of the
requirements of the Labor Law of the State of New York proximately caused injury to the
Plaintiff, KEVIN MEEGAN.
TENTH: That as a result of the above, the Plaintiff, KEVIN MEEGAN, was
seriously injured and was caused to suffer general and special damages in an amount that
exceeds the jurisdiction of any inferior court.
ELEVENTH: That this incident is exempt from the provisions of Section 1601 of the
Civil Practice Law and Rules pursuant to Section 1602 of the Civil Practice Law and Rules.
WHEREFORE, the Plaintiff, KEVIN MEEGAN, demands judgment against any or
all of the Defendants named herein in a sum that exceeds the jurisdiction of any inferior
C)
court, plus the costs and disbursements of this action.
GARY A. OSEPH
SARLES, REY and JOSEPH
Attorney fo atiff
Office, Post Q ffice Address and Telephone
5800 Main ‘eet
Williamsville, New York 14221
(716) 626-5200
Preview
INDEX NO. 804908/2013 (FILED: ERIE COUNTY CLERK 1273172013) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2013 STATE OF NEW YORK : SUPREME COURT COUNTY OF ERIE KEVIN MEEGAN 75 Inwood Place, Lower SUMMONS Buffalo, New York 14209 Served with Complaint Plaintiff vs. INDEX NO. MAIN and CATHEDRAL DEVELOPMENT, LLC 298 Main Street, Suite 222 Buffalo, New York 14202 THE KISSLING INTERESTS, LLC 298 Main Street, Suite 222 Buffalo, New York 14202 BEAUTIFUL HOMES BY THOMAS, INC. 145 Crescent Avenue Buffalo, New York 14214 TOWER APARTMENTS, INC. c/o Scott Lacasse 298 Main Street, Suite 210 Buffalo, New York 14202 Defendants TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs attorney, at the address stated below, a written Answer to the attached Complaint. If this Summons is served upon you within the State of New York by personal service you must respond within twenty (20) days after service, not counting the day of service. If this Summons is not personally delivered to you within the State of New York you must respond within THIRTY (30) days after service is completed, as provided by law. If you do not respond to the attached Complaint within the applicable time limitation stated above a Judgment will be entered against you, by default, for the relief demanded in the Complaint, without further notice to you. This action is brought in the County of Erie because of: i, Plaintiffs residence, or place of business; a Defendant's residence; a Designation made by Plaintiff. DATED: December 31, 2013 . JOSEPH SARLES, EY and JOSEPH Attopneéy for Plaintiff Office, Post ice Address and Telephone 5800 Main Street Williamsville, New York 14221 (716) 626-5200 STATE OF NEW YORK : SUPREME COURT COUNTY OF ERIE KEVIN MEEGAN Plaintiff COMPLAINT Vv. INDEX NO.: MAIN and CATHEDRAL DEVELOPMENT, LLC THE KISSLING INTERESTS, LLC BEAUTIFUL HOMES BY THOMAS, INC. TOWER APARTMENTS, INC. Defendants Plaintiff above complaining of the Defendants alleges as follows: FIRST: That on January 3, 2011, the Defendant, MAIN and CATHEDRAL DEVELOPMENT, LLC, and/or the Defendant, THE KISSLING INTERESTS, LLC, and/or the Defendant, BEAUTIFUL HOMES BY THOMAS, INC., and/or the Defendant, TOWER APARTMENTS, INC., were doing business in the State of New York. SECOND: That on January 3, 2011, the Defendant, MAIN and CATHEDRAL DEVELOPMENT, LLC, owned premises located at 298 Main Street, Buffalo, New York. THIRD: That on or before January 8, 2011, the Defendant, MAIN and CATHEDRAL DEVELOPMENT, LLC, and/or the Defendant, THE KISSLING INTERESTS, LLC, and/or the Defendant, BEAUTIFUL HOMES BY THOMAS, INC., and/or the Defendant, TOWER APARTMENTS, INC., by and through their agents, servants and/or employees contracted to oversee and/or performed erection and/or demolition and/or repairs and/or alterations to the building located at 298 Main Street, Buffalo, New York. FOURTH: That on January 8, 2011, the Plaintiff, KEVIN MEEGAN, was an employee of Bonn Electric Incorporated, and was working on said premises erecting and/or demolishing and/or repairing and/or altering the building located at 298 Main Street, Buffalo, New York. FIFTH: That on January 8, 2011, during the regular course of his duties, the Plaintiff, KEVIN MEEGAN, was caused to be seriously injured when he was exposed to and/or was working at an elevated height on a scaffold when he was caused to fall from said scaffold while working at premises located at 298 Main Street, Buffalo, New York. SIXTH: That the incident described above was caused by and through the negligence, carelessness and recklessness of any or all of the Defendants named herein, their agents, servants and/or employees. SEVENTH: That additionally, the Defendants named herein, by and through their agents, servants and/or employees, failed to provide the means for the Plaintiff, KEVIN MEEGAN, to perform his work as an employee of Bonn Electric Incorporated in a safe manner and failed to conform with and violated the requirements of the Labor Law of the State of New York including, but not limited to Labor Law §200, §240 and §241(6). EIGHTH: That no safety devices were provided to the Plaintiff, KEVIN MEEGAN, and/or the safety devices provided to the Plaintiff, KEVEN MEEGAN, were inadequate. NINTH: That the Defendants negligence, carelessness and recklessness and/or failure to provide the means to the Plaintiff, KEVIN MEEGAN, to perform his work as an employee of Bonn Electric, Inc. in a safe manner and/or the Defendants violation of the requirements of the Labor Law of the State of New York proximately caused injury to the Plaintiff, KEVIN MEEGAN. TENTH: That as a result of the above, the Plaintiff, KEVIN MEEGAN, was seriously injured and was caused to suffer general and special damages in an amount that exceeds the jurisdiction of any inferior court. ELEVENTH: That this incident is exempt from the provisions of Section 1601 of the Civil Practice Law and Rules pursuant to Section 1602 of the Civil Practice Law and Rules. WHEREFORE, the Plaintiff, KEVIN MEEGAN, demands judgment against any or all of the Defendants named herein in a sum that exceeds the jurisdiction of any inferior C) court, plus the costs and disbursements of this action. GARY A. OSEPH SARLES, REY and JOSEPH Attorney fo atiff Office, Post Q ffice Address and Telephone 5800 Main ‘eet Williamsville, New York 14221 (716) 626-5200