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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----- --------------------------------------------X
KIMBERLY ARCIERO, Index No.:
Plaintiff,
-against- VERIFIED
COMPLAINT
THE PORT AUTHORITY OF NEW YORK and NEW
JERSEY, SKANSKA USA BUILDING INC.,
SKANSKA USA CIVIL, WALSH CONSTRUCTION
COMPANY and WALSH CONSTRUCTION
COMPANY II, LLC, each of the foregoing individually
and d/b/a SKANSKA WALSH, J.V.,
Defendants.
---- ------------------------------------X
Plaintiff, by his attorneys, ARYE, LUSTIG & SASSOWER, P.C., as and for her
Verified Complaint herein, respectfully sets forth and alleges as follows, upon information
and belief:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
1. That at all times hereinafter mentioned, defendant THE PORT AUTHORITY
OF NEW YORK & NEW JERSEY (hereinafter referred to as "PORT AUTHORITY") was
a public authority organized and existing under and by virtue of the laws of the State of New
York.
2. That at all times hereinafter mentioned, defendant PORT AUTHORITY was
a public authority duly organized and existing under and by virtue of the laws of the State of
New York and the State of New Jersey.
3. That at all times hereinafter mentioned, defendant PORT AUTHORITY was
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a body, corporate and politic, created by contract between the State of New York and the
State of New Jersey, with the consent of the Congress of the United States of America.
4. That prior to the institution of this action, a Notice of Claim and Notice of
Intention to Sue were duly served upon defendant PORT AUTHORITY, and this action was
not commenced until the expiration of sixty (60) days after such claim was presented, and
defendant PORT AUTHORITY has neglected and/or refused to make adjustment or
payment, and this action was commenced within one (1) year after the cause of action
accrued herein.
5. That at all times hereinafter mentioned, defendant SKANSKA USA
BUILDING INC. (hereinafter referred to as "SKANSKA") was a domestic corporation
duly organized and existing under and by virtue of the laws of the State of New York.
6. That at all times hereinafter mentioned, defendant SKANSKA was a
foreign corporation duly organized and existing under and by virtue of the laws of a
foreign State.
7. That at all times hereinafter mentioned, defendant SKANSKA was a
foreign corporation licensed to do and/or transact business within the State of New York.
8. That at all times hereinafter mentioned, defendant SKANSKA USA CIVIL
(hereinafter referred to as "SKANSKA CIVIL") was a domestic corporation duly
organized and existing under and by virtue of the laws of the State of New York.
9. That at all times hereinafter mentioned, defendant SKANSKA CIVIL was
a foreign corporation duly organized and existing under and by virtue of the laws of
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a foreign State.
10. That at all times hereinafter mentioned, defendant SKANSKA CIVIL was
a foreign corporation licensed to do and/or transact business within the State of New York.
11. That at alltimes hereinafter mentioned, defendant WALSHCONSTRUCTION
COMPANY (hereinafter referred to as "WALSH") was a domestic corporation duly
organized and existing under and by virtue of the laws of the State of New York.
12. That at all times hereinafter mentioned, defendant WALSH was a foreign
corporation duly organized and existing under and by virtue of the laws of a foreign
State.
13. That at all times hereinafter mentioned, defendant WALSH was a foreign
corporation licensed to do and/or transact business within the State of New York.
14. That at alltimes hereinafter mentioned, defendant WALSHCONSTRUCTION
COMPANY II, LLC (hereinafter referred to as "WALSHII") was a domestic limited liability
company duly oi·ganized and existing under and by virtue of the laws of the State of New
York.
15. That at all times hereinafter mentioned, defendant WALSH II was a foreign
limited liability company duly organized and existing under and by virtue of the laws of a
foreign State.
16. That at all times hereinafter mentioned, defendant WALSH II was licensed
to do and/or transact business within the State of New York.
17. That at all times hereinafter mentioned, defendants SKANSKA, SKANSKA
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CIVIL, WALSH and WALSH II were members of a joint venture known and
designated as "SKANSKA WALSH, J.V.".
18. That at all times hereinafter mentioned, defendants SKANSKA and
WALSH were members of a joint venture known and designated as "SKANSKA
WALSH, J.V.".
19. That at all times hereinafter mentioned, defendants SKANSKA and
WALSH II were members of a joint venture known and designated as "SKANSKA
WALSH, J.V.".
20. That at all times hereinafter mentioned, defendants SKANSKA CIVIL and
WALSH were members of a joint venture known and designated as "SKANSKA
WALSH, J.V.".
21. That at all times hereinafter mentioned, defendants SKANSKA CIVIL and
WALSH II were members of a joint venture known and designated as "SKANSKA
WALSH, J.V.".
22. Tliat at all times hereinafter mentioned, defendant SKANSKA WALSH,
J.V. was a joint venture, duly organized and existing under and by virtue of the laws
of the State of New York.
23. That at all times hereinafter mentioned, defendant SKANSKA WALSH,
J.V. was a joint venture, duly organized and existing under and by virtue of laws of
a foreign State.
24. That at all times hereinafter mentioned, defendant SKANSKA WALSH,
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J.V. was a joint venture licensed to and/or transact business within the State of New
York.
25. That at all times herein mentioned, defendant PORT AUTHORITY owned the
premises known and designated as LaGuardia Airport in the County of Queens, City and
State of New York
26 That at all times hereinafter mentioned, defendant PORT AUTHORITY was
doing, conducting and/or transacting business at the aforesaid premises.
27. That at all times hereinafter mentioned, defendant PORT AUTHORITY, by
and through its agents, servants and/or employees, operated the aforesaid premises.
28. That at all times hereinafter mentioned, defendant PORT AUTHORITY, by
and through its agents, servants and/or employees, managed the aforesaid premises.
29. That at all times hereinafter mentioned, defendant PORT AUTHORITY, by
and through its agents, servants and/or employees, maintained the aforesaid premises.
30. That at all times hereinafter mentioned, defendant PORT AUTHORITY, by
and through its agents, servants and/or employees, controlled and supervised the aforesaid
premises.
17ª'
31. That on the day of May 2018, and for some time prior thereto, defendant
PORT AUTHORITY, by and through its agents, servants and/or employees, was actually
engaged in the performance of certain construction work in and about the aforesaid premises.
32. That at all times hereinafter mentioned, defendant PORT AUTHORITY was
the general contractor with respect to certain construction work in and about the aforesaid
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premises.
33. That at all times hereinafter mentioned, defendant PORT AUTHORITY was
the construction manager with respect to certain construction work in and about the aforesaid
premises.
34. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V.
was conducting and/or transacting business at the aforesaid premises.
35. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V.,
by and through its agents, servants and/or employees, operated the aforesaid premises.
36. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V.,
by and through its agents, servants and/or employees, managed the aforesaid premises.
37. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V.,
by and through its agents, servants and/or employees, maintained the aforesaid premises.
38. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V.,
by and through itsagents, servants and/or employees, controlled and supervised the aforesaid
premises.
17"'
39. That on the day of May 2018, and for some time prior thereto,
defendant SKANSKA WALSH, J.V., by and through its agents, servants and/or
employees, was actually engaged in the performance of certain construction work in and
about the aforesaid premises.
40. That at all times hereinafter mentioned, defendant SKANSKA WALSH,
J.V. was the general contractor with respect to certain construction work in and about
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the aforesaid premises.
41. That at all times hereinafter mentioned, defendant SKANSKA WALSH,
J.V. was the construction manager with respect to certain construction work in and about the
aforesaid premises.
17th
42. That prior to the day of May 2018, defendant PORT AUTHORITY
entered into a contract with defendant SKANSKA WALSH, J.V. with respect to the
performance of certain construction work in and about the aforesaid premises.
17th
43. That prior to the day of May 2018, defendant PORT AUTHORITY
entered into a contract with defendant SKANSKA with respect to the performance of certain
construction work in and about the aforesaid premises.
17th
44. That prior to the day of May 2018, defendant PORT AUTHORITY
entered into a contract with defendant SKANSKA CIVIL with respect to the performance
of certain construction work in and about the aforesaid premises.
17th
45. That prior to the day of May 2018, defendant PORT AUTHORITY
entered into a contract with defendant WALSH with respect to the performance of certain
construction work in and about the aforesaid premises.
17th
46. That prior to the day of May 2018, defendant PORT AUTHORITY
entered into a contract with defendant WALSH II with respect to the performance of certain
construction work in and about the aforesaid premises.
47. That prior to the 17th day of May 2018, defendant PORT AUTHORITY
entered into a contract with B&G Electrical Contractors of NY (hereinafter referred to as
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"B&G") with respect to the performance of certain construction work in and about the
aforesaid premises.
17*
48. That prior to the day of May 2018, defendant SKANSKA WALSH, J.V.
entered into a contract with B&G with respect to the performance of certain construction
work in and about the aforesaid premises.
49. That at all times hereinafter mentioned, defendants, and each of them, were
under a duty to operate, control, supervise, manage and maintain the aforesaid premises and
construction site in a safe, proper and lawful fashion, so that no persons lawfully present
thereon would be caused to sustain personal injuries.
50. That at all times hereinafter mentioned, the defendants, and each ofthem, were
under a duty to operate, control, supervise, manage and maintain the aforesaid premises and
construction site, in a safe, proper and lawful fashion, so that no persons working upon said
construction site and premises would be caused to sustain personal injuries.
51. That at all times hereinafter mentioned, the defendants, and each ofthem, were
under a duty to operate, control, supervise, manage and maintain the tools, equipment and
apparatus used at the aforesaid construction site and premises, in a safe, proper and lawful
fashion, so that no persons lawfully thereupon would be caused to sustain personal injuries.
52. That at all times hereinafter mentioned, the defendants, and each ofthem, were
under a duty to operate, control, supervise, manage and maintain the tools, equipment and
apparatus used at the aforesaid construction site and premises in a safe, proper and lawful
fashion, so that no persons working upon said construction site and premises would be
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caused to sustain personal injuries.
53. That at alltimes hereinafter mentioned, the defendants, and each of them were
under a duty to provide for and/or insure the provision of safe, suitable and adequate tools,
equipment and apparatus for use by persons who were working upon the aforesaid
construction site and premises.
54. That at alltimes hereinafter mentioned, the defendants, and each of them, were
under a duty to operate, control, supervise, manage and maintain the construction work being
performed at the aforesaid premises and construction site in a safe, proper and lawful
fashion, so that no persons lawfully thereupon would be caused to sustain personal injuries.
55. That at all times hereinafter mentioned, the defendants, and each ofthem, were
under a duty to operate, control, supervise, manage and maintain the construction work being
performed at the aforesaid premises and construction site in a safe, proper and lawful
fashion, so that no persons working thereupon would be caused to sustain personal injuries.
56. That at all times hereinafter mentioned, plaintiff was employed by B&G.
57. That at all times hereinafter mentioned, plaintiff was lawfully and properly
upon the aforesaid premises and construction site.
58. That at all times hereinafter mentioned, plaintiff was lawfully and properly
upon the aforesaid premises and construction site during the course and scope of her
employment.
17th
59. That on the day of May 2018, plaintiff was engaged in her work
upon said premises and construction site as an employee of B&G.
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17th
60. That on the day of May 2018, and for an unreasonably long period
of time prior thereto, there existed a dangerous and defective condition upon said
premises and construction site.
17th
61. That on the day of May 2018, while the plaintiff was lawfully and
properly upon the aforesaid premises and construction site, during the course and scope
of her employment, she was caused to be injured by reason of said dangerous and
defective condition.
62. That by reason of the aforesaid, the plaintiff was caused to sustain serious,
severe and painful personal injuries, as well as a serious and severe shock to her brain and
nervous system.
63. That the aforesaid occurrence was caused solely and wholly, through and by
reason of the negligence of the defendants, and each of them, by and through theirrespective
agents, servants and/or employees in their respective ownership, operation, control, care,
custody, charge, supervision, management and maintenance of the aforesaid premises and
construction site, and in their respective ownership, operation, control, supervision,
management and maintenance of the construction equipment, and/or work being performed
thereat; in causing, creating, permitting and/or allowing a dangerous, hazardous, defective
and unsafe condition upon said premises and construction site; in directing, causing, allowing
and/or permitting workers to improperly use a wire pulling machine; in directing, causing,
allowing and/or permitting a pulley that was used for the wire pull that was inadequate for
the force of the wire pull being exerted upon it,to be inadequately and improperly mounted
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to a wall at a height of approximately 4½ feet above the floor of the mezzanine level; in
causing, allowing and permitting a wire pull that involved exerting great force on the
wire/rope that had to be pulled from three floors below to be performed without providing
proper safety devices to protect the workers in the vicinity of the job from the foreseeable
dangers, risks, and hazards that arose due to the resistance and force related to gravity that
were an integral part of the job; in causing, permitting and/or allowing a wire pulling
machine to be improperly used by workers at the job site, including the plaintiff herein; in
failing to provide this plaintiff with a safe and lawful place to work; in failing and neglecting
to adequately, properly, sufficiently and lawfully instruct the workers with respect to the
aforesaid wire pulling machine being used at the time of the incident complaint of; in
causing, permitting and allowing a defective and/or inadequate wire pulling machine to be
used on the premises and construction site; in causing, allowing and permitting a defective
and/or inadequate pulley to be used on the premises and construction site; in causing,
allowing and permitting a pulley to be improperly and/or inadequately mounted on a wall of
the premises and construction site; in causing, allowing and permitting the pulley that was
mounted on the wall to breakaway from the wall and fall to the ground and strike the
plaintiff; in failing and neglecting to adequately, properly, sufficiently and lawfully inspect
and supervise the aforesaid work being performed at the time of the incident complained of;
in failing to warn plaintiff as to the dangerous and unsafe nature of the conditions of the
aforesaid premises and construction site; in causing, permitting and/or allowing the aforesaid
dangerous, defective, hazardous and unsafe conditions, and in causing, allowing and/or
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permitting the same to exist and remain for an unreasonably long period of time prior to the
accident, when the defendants, and each of them, by and through their respective agents,
servants and/or employees, knew or should have known of the existence of same, and a
reasonable inspection of said wire pulling machine would have revealed the existence of said
dangerous, defective and unsafe conditions, and actual notice was given to the defendants,
by and through their respective agents, servants and/or employees prior to this accident; in
failing to give the plaintiff herein any notice or warning of the said conditions by signs,
barricades or otherwise; in causing, creating, permitting and/or allowing a nuisance and/or
trap-like condition to be, continue and remain upon the said premises and construction site;
in failing to inspect the said premises and construction site so as to ascertain the dangerous
conditions thereat, and more particularly, the conditions hereinabove referred to; in failing
to rectify and/or remedy the conditions hereinabove referred to; in failing to hire adequate,
competent and/or sufficiently trained personnel to manage, operate, control, maintain and/or
inspect the aforesaid premises and construction site; in failing and neglecting to take the
necessary and requisite steps to protect the safety of persons lawfully present and working
upon the said premises, and more particularly, the plaintiff herein; in failing to take the
necessary and requisite steps to repair, rectify, correct and/or otherwise remedy the aforesaid
dangerous, hazardous and defective conditions; in failing to conform to the requirements of
the Labor Law of the State of New York; in violating those statutes, rules, regulations, laws
and/or ordinances in such cases made and provided, including the Labor Law of the State of
New York, and the rules and regulations of the Board of Standards and Appeals and/or
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Occupational and Safety Health Administration, all of which this Court will take judicial
notice of at the time of the trial of this action; in causing the plaintiff to sustain personal
injuries; in failing to take the necessary and requisite steps to prevent this foreseeable
occurrence, although the defendants, and each of them, had due notice and knowledge of the
conditions complained of; and in otherwise being careless and negligent in the ownership,
operation, management, maintenance, control and supervision of the said premises and
construction site.
64. That the aforesaid occurrence and plaintiff's resulting injuries were caused
wholly and solely through and by reason of the negligence of the defendants, and each of
them, by and through their agents, servants and/or employees, with no negligence on the part
of the plaintiff contributing thereto.
65. That this action falls within one or more of the exceptions set forth in CPLR
1602.
66. That by reason of the aforesaid, plaintiff was caused to sustain serious, severe
and painful personal injuries, some of which are permanent and lasting in their nature; was
caused to be rendered sick, sore, lame and disabled; was caused to suffer great pain and
anguish and may in the future continue to so suffer; was caused to incur medical expenses
and seek medical care, attention and treatment in an effort to cure herself of her said injuries;
was caused to be incapacitated from her usual duties, activities and employment and may in
the future continue to be so incapacitated; and has been damaged in an amount that exceeds
the monetary jurisdictional limits of any and all lower courts which would otherwise have
jurisdiction herein, in an amount to be determined upon the trial of this action.
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AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
67. Plaintiff repeats, reiterates and realleges each and every allegation contained
in the First Cause of Action with the same force and effect as though more fully set forth at
length herein.
68. That the foregoing acts and omissions constituted a violation of §240(1) of the
Labor Law of the State of New York.
69. That by reason of the aforesaid, the plaintiff was caused to sustain serious,
severe and painful personal injuries, some of which are permanent and lasting in nature;
was caused to be rendered sick, sore, lame and disabled; was caused to suffer great
pain and anguish and will in the future continue to so suffer; was caused to incur
medical expenses and to seek medical care and treatment in an effort to cure herself
of her said injuries; was caused to be incapacitated from her usual duties, activities and
employment, and will, in the future, continue to be so incapacitated; and has been
damaged in an amount that exceeds the monetary jurisdictional limits of any and all
lower courts which would otherwise have jurisdiction herein, in an amount to be
determined upon the trial of this action.
AS AND FOR A THIRD CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
70. Plaintiff repeats, reiterates and realleges each and every allegation contained
in the First and Second Causes of Action with the same force and effect as though more fully
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set forth at length herein.
71. Thatthe foregoing acts and omissions constituted a violation of §241(6) of the
Labor Law of the State of New York.
72. Thatby reason of the aforesaid, the plaintiff was caused to sustain serious,
severe and painful personal injuries, some of which are permanent and lasting in nature;
was caused to be rendered sick, sore, lame and disabled; was caused to suffer great
pain and anguish and will in the future continue to so suffer; was caused to incur
medical expenses and to seek medical care and treatment in an effort to cure herself
of her said injuries; was caused to be incapacitated from her usual duties, activities and
employment, and will, in the future, continue to be so incapacitated; and has been
damaged in an amount that exceeds the monetary jurisdictional limits of any and all
lower courts which would otherwise have jurisdiction herein, in an amount to be
determined upon the trial of this action.
AS AND FOR A FOURTH CAUSEOF ACTION
ON BEHALF OF PLAINTIFF
73. Plaintiff repeats, reiterates and realleges each and every allegation
contained in the First, Second and Third Causes of Action with the same force and
effect as though more fully set forth at length herein.
74. That the foregoing acts and omissions constituted a violation of §200 of
the Labor Law of the State of New York and the rules and regulations promulgated
thereunder.
75. That by reason of the aforesaid, the plaintiff was caused to sustain serious,
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severe and painful personal injuries, some of which are permanent and lasting in nature;
was caused to be rendered sick, sore, lame and disabled; was caused to suffer great
pain and anguish and will in the future continue to so suffer; was caused to incur
medical expenses and to seek medical care and treatment in an effort to cure herself
of her said injuries; was caused to be incapacitated from her usual duties, activities and
employment, and will, in the future, continue to be so incapacitated; and has been
damaged in an amount that exceeds the monetary jurisdictional limits of any and all
lower courts which would otherwise have jurisdiction herein, in an amount to be
determined upon the trial of this action.
WHEREFORE, plaintiff demands judgment against the defendants, and each
of them, in the First Cause of Action in an amount that exceeds the monetary
jurisdictional limits of any and all lower courts which would otherwise have jurisdiction
herein, in an amount to be determined upon the trial of this action; in the Second
Cause of Action in an amount that exceeds the monetary jurisdictional limits of any
and all lower courts which would otherwise have jurisdiction herein, in an amount to
be determined upon the trial of this action; in the Third Cause of Action in an amount
that exceeds the monetary jurisdictional limits of any and all lower courts which would
otherwise have jurisdiction herein, in an amount to be determined upon the trial of this
action; and in the Fourth Cause of Action in an amount that exceeds the monetary
jurisdictional limits of any and all lower courts which would otherwise have jurisdiction
herein, in an amount to be determined upon the trial of this action; and all of the
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foregoing together with costs, interest and disbursements.
Dated: New York, New York
January 15, 2019
Yours, etc.,
ARYE, LUSTIG & SASSOWER, P.C.
Attorneys for Plaintiff
20 Vesey Street
New York, New York 10007
(212) 732-4992
ROBERT M. FIALA
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FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----- --------------------------------------------X KIMBERLY ARCIERO, Index No.: Plaintiff, -against- VERIFIED COMPLAINT THE PORT AUTHORITY OF NEW YORK and NEW JERSEY, SKANSKA USA BUILDING INC., SKANSKA USA CIVIL, WALSH CONSTRUCTION COMPANY and WALSH CONSTRUCTION COMPANY II, LLC, each of the foregoing individually and d/b/a SKANSKA WALSH, J.V., Defendants. ---- ------------------------------------X Plaintiff, by his attorneys, ARYE, LUSTIG & SASSOWER, P.C., as and for her Verified Complaint herein, respectfully sets forth and alleges as follows, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF 1. That at all times hereinafter mentioned, defendant THE PORT AUTHORITY OF NEW YORK & NEW JERSEY (hereinafter referred to as "PORT AUTHORITY") was a public authority organized and existing under and by virtue of the laws of the State of New York. 2. That at all times hereinafter mentioned, defendant PORT AUTHORITY was a public authority duly organized and existing under and by virtue of the laws of the State of New York and the State of New Jersey. 3. That at all times hereinafter mentioned, defendant PORT AUTHORITY was 1 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 a body, corporate and politic, created by contract between the State of New York and the State of New Jersey, with the consent of the Congress of the United States of America. 4. That prior to the institution of this action, a Notice of Claim and Notice of Intention to Sue were duly served upon defendant PORT AUTHORITY, and this action was not commenced until the expiration of sixty (60) days after such claim was presented, and defendant PORT AUTHORITY has neglected and/or refused to make adjustment or payment, and this action was commenced within one (1) year after the cause of action accrued herein. 5. That at all times hereinafter mentioned, defendant SKANSKA USA BUILDING INC. (hereinafter referred to as "SKANSKA") was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 6. That at all times hereinafter mentioned, defendant SKANSKA was a foreign corporation duly organized and existing under and by virtue of the laws of a foreign State. 7. That at all times hereinafter mentioned, defendant SKANSKA was a foreign corporation licensed to do and/or transact business within the State of New York. 8. That at all times hereinafter mentioned, defendant SKANSKA USA CIVIL (hereinafter referred to as "SKANSKA CIVIL") was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 9. That at all times hereinafter mentioned, defendant SKANSKA CIVIL was a foreign corporation duly organized and existing under and by virtue of the laws of 2 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 a foreign State. 10. That at all times hereinafter mentioned, defendant SKANSKA CIVIL was a foreign corporation licensed to do and/or transact business within the State of New York. 11. That at alltimes hereinafter mentioned, defendant WALSHCONSTRUCTION COMPANY (hereinafter referred to as "WALSH") was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 12. That at all times hereinafter mentioned, defendant WALSH was a foreign corporation duly organized and existing under and by virtue of the laws of a foreign State. 13. That at all times hereinafter mentioned, defendant WALSH was a foreign corporation licensed to do and/or transact business within the State of New York. 14. That at alltimes hereinafter mentioned, defendant WALSHCONSTRUCTION COMPANY II, LLC (hereinafter referred to as "WALSHII") was a domestic limited liability company duly oi·ganized and existing under and by virtue of the laws of the State of New York. 15. That at all times hereinafter mentioned, defendant WALSH II was a foreign limited liability company duly organized and existing under and by virtue of the laws of a foreign State. 16. That at all times hereinafter mentioned, defendant WALSH II was licensed to do and/or transact business within the State of New York. 17. That at all times hereinafter mentioned, defendants SKANSKA, SKANSKA 3 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 CIVIL, WALSH and WALSH II were members of a joint venture known and designated as "SKANSKA WALSH, J.V.". 18. That at all times hereinafter mentioned, defendants SKANSKA and WALSH were members of a joint venture known and designated as "SKANSKA WALSH, J.V.". 19. That at all times hereinafter mentioned, defendants SKANSKA and WALSH II were members of a joint venture known and designated as "SKANSKA WALSH, J.V.". 20. That at all times hereinafter mentioned, defendants SKANSKA CIVIL and WALSH were members of a joint venture known and designated as "SKANSKA WALSH, J.V.". 21. That at all times hereinafter mentioned, defendants SKANSKA CIVIL and WALSH II were members of a joint venture known and designated as "SKANSKA WALSH, J.V.". 22. Tliat at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V. was a joint venture, duly organized and existing under and by virtue of the laws of the State of New York. 23. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V. was a joint venture, duly organized and existing under and by virtue of laws of a foreign State. 24. That at all times hereinafter mentioned, defendant SKANSKA WALSH, 4 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 J.V. was a joint venture licensed to and/or transact business within the State of New York. 25. That at all times herein mentioned, defendant PORT AUTHORITY owned the premises known and designated as LaGuardia Airport in the County of Queens, City and State of New York 26 That at all times hereinafter mentioned, defendant PORT AUTHORITY was doing, conducting and/or transacting business at the aforesaid premises. 27. That at all times hereinafter mentioned, defendant PORT AUTHORITY, by and through its agents, servants and/or employees, operated the aforesaid premises. 28. That at all times hereinafter mentioned, defendant PORT AUTHORITY, by and through its agents, servants and/or employees, managed the aforesaid premises. 29. That at all times hereinafter mentioned, defendant PORT AUTHORITY, by and through its agents, servants and/or employees, maintained the aforesaid premises. 30. That at all times hereinafter mentioned, defendant PORT AUTHORITY, by and through its agents, servants and/or employees, controlled and supervised the aforesaid premises. 17ª' 31. That on the day of May 2018, and for some time prior thereto, defendant PORT AUTHORITY, by and through its agents, servants and/or employees, was actually engaged in the performance of certain construction work in and about the aforesaid premises. 32. That at all times hereinafter mentioned, defendant PORT AUTHORITY was the general contractor with respect to certain construction work in and about the aforesaid 5 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 premises. 33. That at all times hereinafter mentioned, defendant PORT AUTHORITY was the construction manager with respect to certain construction work in and about the aforesaid premises. 34. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V. was conducting and/or transacting business at the aforesaid premises. 35. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V., by and through its agents, servants and/or employees, operated the aforesaid premises. 36. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V., by and through its agents, servants and/or employees, managed the aforesaid premises. 37. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V., by and through its agents, servants and/or employees, maintained the aforesaid premises. 38. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V., by and through itsagents, servants and/or employees, controlled and supervised the aforesaid premises. 17"' 39. That on the day of May 2018, and for some time prior thereto, defendant SKANSKA WALSH, J.V., by and through its agents, servants and/or employees, was actually engaged in the performance of certain construction work in and about the aforesaid premises. 40. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V. was the general contractor with respect to certain construction work in and about 6 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 the aforesaid premises. 41. That at all times hereinafter mentioned, defendant SKANSKA WALSH, J.V. was the construction manager with respect to certain construction work in and about the aforesaid premises. 17th 42. That prior to the day of May 2018, defendant PORT AUTHORITY entered into a contract with defendant SKANSKA WALSH, J.V. with respect to the performance of certain construction work in and about the aforesaid premises. 17th 43. That prior to the day of May 2018, defendant PORT AUTHORITY entered into a contract with defendant SKANSKA with respect to the performance of certain construction work in and about the aforesaid premises. 17th 44. That prior to the day of May 2018, defendant PORT AUTHORITY entered into a contract with defendant SKANSKA CIVIL with respect to the performance of certain construction work in and about the aforesaid premises. 17th 45. That prior to the day of May 2018, defendant PORT AUTHORITY entered into a contract with defendant WALSH with respect to the performance of certain construction work in and about the aforesaid premises. 17th 46. That prior to the day of May 2018, defendant PORT AUTHORITY entered into a contract with defendant WALSH II with respect to the performance of certain construction work in and about the aforesaid premises. 47. That prior to the 17th day of May 2018, defendant PORT AUTHORITY entered into a contract with B&G Electrical Contractors of NY (hereinafter referred to as 7 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 "B&G") with respect to the performance of certain construction work in and about the aforesaid premises. 17* 48. That prior to the day of May 2018, defendant SKANSKA WALSH, J.V. entered into a contract with B&G with respect to the performance of certain construction work in and about the aforesaid premises. 49. That at all times hereinafter mentioned, defendants, and each of them, were under a duty to operate, control, supervise, manage and maintain the aforesaid premises and construction site in a safe, proper and lawful fashion, so that no persons lawfully present thereon would be caused to sustain personal injuries. 50. That at all times hereinafter mentioned, the defendants, and each ofthem, were under a duty to operate, control, supervise, manage and maintain the aforesaid premises and construction site, in a safe, proper and lawful fashion, so that no persons working upon said construction site and premises would be caused to sustain personal injuries. 51. That at all times hereinafter mentioned, the defendants, and each ofthem, were under a duty to operate, control, supervise, manage and maintain the tools, equipment and apparatus used at the aforesaid construction site and premises, in a safe, proper and lawful fashion, so that no persons lawfully thereupon would be caused to sustain personal injuries. 52. That at all times hereinafter mentioned, the defendants, and each ofthem, were under a duty to operate, control, supervise, manage and maintain the tools, equipment and apparatus used at the aforesaid construction site and premises in a safe, proper and lawful fashion, so that no persons working upon said construction site and premises would be 8 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 caused to sustain personal injuries. 53. That at alltimes hereinafter mentioned, the defendants, and each of them were under a duty to provide for and/or insure the provision of safe, suitable and adequate tools, equipment and apparatus for use by persons who were working upon the aforesaid construction site and premises. 54. That at alltimes hereinafter mentioned, the defendants, and each of them, were under a duty to operate, control, supervise, manage and maintain the construction work being performed at the aforesaid premises and construction site in a safe, proper and lawful fashion, so that no persons lawfully thereupon would be caused to sustain personal injuries. 55. That at all times hereinafter mentioned, the defendants, and each ofthem, were under a duty to operate, control, supervise, manage and maintain the construction work being performed at the aforesaid premises and construction site in a safe, proper and lawful fashion, so that no persons working thereupon would be caused to sustain personal injuries. 56. That at all times hereinafter mentioned, plaintiff was employed by B&G. 57. That at all times hereinafter mentioned, plaintiff was lawfully and properly upon the aforesaid premises and construction site. 58. That at all times hereinafter mentioned, plaintiff was lawfully and properly upon the aforesaid premises and construction site during the course and scope of her employment. 17th 59. That on the day of May 2018, plaintiff was engaged in her work upon said premises and construction site as an employee of B&G. 9 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 17th 60. That on the day of May 2018, and for an unreasonably long period of time prior thereto, there existed a dangerous and defective condition upon said premises and construction site. 17th 61. That on the day of May 2018, while the plaintiff was lawfully and properly upon the aforesaid premises and construction site, during the course and scope of her employment, she was caused to be injured by reason of said dangerous and defective condition. 62. That by reason of the aforesaid, the plaintiff was caused to sustain serious, severe and painful personal injuries, as well as a serious and severe shock to her brain and nervous system. 63. That the aforesaid occurrence was caused solely and wholly, through and by reason of the negligence of the defendants, and each of them, by and through theirrespective agents, servants and/or employees in their respective ownership, operation, control, care, custody, charge, supervision, management and maintenance of the aforesaid premises and construction site, and in their respective ownership, operation, control, supervision, management and maintenance of the construction equipment, and/or work being performed thereat; in causing, creating, permitting and/or allowing a dangerous, hazardous, defective and unsafe condition upon said premises and construction site; in directing, causing, allowing and/or permitting workers to improperly use a wire pulling machine; in directing, causing, allowing and/or permitting a pulley that was used for the wire pull that was inadequate for the force of the wire pull being exerted upon it,to be inadequately and improperly mounted 10 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 to a wall at a height of approximately 4½ feet above the floor of the mezzanine level; in causing, allowing and permitting a wire pull that involved exerting great force on the wire/rope that had to be pulled from three floors below to be performed without providing proper safety devices to protect the workers in the vicinity of the job from the foreseeable dangers, risks, and hazards that arose due to the resistance and force related to gravity that were an integral part of the job; in causing, permitting and/or allowing a wire pulling machine to be improperly used by workers at the job site, including the plaintiff herein; in failing to provide this plaintiff with a safe and lawful place to work; in failing and neglecting to adequately, properly, sufficiently and lawfully instruct the workers with respect to the aforesaid wire pulling machine being used at the time of the incident complaint of; in causing, permitting and allowing a defective and/or inadequate wire pulling machine to be used on the premises and construction site; in causing, allowing and permitting a defective and/or inadequate pulley to be used on the premises and construction site; in causing, allowing and permitting a pulley to be improperly and/or inadequately mounted on a wall of the premises and construction site; in causing, allowing and permitting the pulley that was mounted on the wall to breakaway from the wall and fall to the ground and strike the plaintiff; in failing and neglecting to adequately, properly, sufficiently and lawfully inspect and supervise the aforesaid work being performed at the time of the incident complained of; in failing to warn plaintiff as to the dangerous and unsafe nature of the conditions of the aforesaid premises and construction site; in causing, permitting and/or allowing the aforesaid dangerous, defective, hazardous and unsafe conditions, and in causing, allowing and/or 11 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 permitting the same to exist and remain for an unreasonably long period of time prior to the accident, when the defendants, and each of them, by and through their respective agents, servants and/or employees, knew or should have known of the existence of same, and a reasonable inspection of said wire pulling machine would have revealed the existence of said dangerous, defective and unsafe conditions, and actual notice was given to the defendants, by and through their respective agents, servants and/or employees prior to this accident; in failing to give the plaintiff herein any notice or warning of the said conditions by signs, barricades or otherwise; in causing, creating, permitting and/or allowing a nuisance and/or trap-like condition to be, continue and remain upon the said premises and construction site; in failing to inspect the said premises and construction site so as to ascertain the dangerous conditions thereat, and more particularly, the conditions hereinabove referred to; in failing to rectify and/or remedy the conditions hereinabove referred to; in failing to hire adequate, competent and/or sufficiently trained personnel to manage, operate, control, maintain and/or inspect the aforesaid premises and construction site; in failing and neglecting to take the necessary and requisite steps to protect the safety of persons lawfully present and working upon the said premises, and more particularly, the plaintiff herein; in failing to take the necessary and requisite steps to repair, rectify, correct and/or otherwise remedy the aforesaid dangerous, hazardous and defective conditions; in failing to conform to the requirements of the Labor Law of the State of New York; in violating those statutes, rules, regulations, laws and/or ordinances in such cases made and provided, including the Labor Law of the State of New York, and the rules and regulations of the Board of Standards and Appeals and/or 12 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 Occupational and Safety Health Administration, all of which this Court will take judicial notice of at the time of the trial of this action; in causing the plaintiff to sustain personal injuries; in failing to take the necessary and requisite steps to prevent this foreseeable occurrence, although the defendants, and each of them, had due notice and knowledge of the conditions complained of; and in otherwise being careless and negligent in the ownership, operation, management, maintenance, control and supervision of the said premises and construction site. 64. That the aforesaid occurrence and plaintiff's resulting injuries were caused wholly and solely through and by reason of the negligence of the defendants, and each of them, by and through their agents, servants and/or employees, with no negligence on the part of the plaintiff contributing thereto. 65. That this action falls within one or more of the exceptions set forth in CPLR 1602. 66. That by reason of the aforesaid, plaintiff was caused to sustain serious, severe and painful personal injuries, some of which are permanent and lasting in their nature; was caused to be rendered sick, sore, lame and disabled; was caused to suffer great pain and anguish and may in the future continue to so suffer; was caused to incur medical expenses and seek medical care, attention and treatment in an effort to cure herself of her said injuries; was caused to be incapacitated from her usual duties, activities and employment and may in the future continue to be so incapacitated; and has been damaged in an amount that exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, in an amount to be determined upon the trial of this action. 13 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF 67. Plaintiff repeats, reiterates and realleges each and every allegation contained in the First Cause of Action with the same force and effect as though more fully set forth at length herein. 68. That the foregoing acts and omissions constituted a violation of §240(1) of the Labor Law of the State of New York. 69. That by reason of the aforesaid, the plaintiff was caused to sustain serious, severe and painful personal injuries, some of which are permanent and lasting in nature; was caused to be rendered sick, sore, lame and disabled; was caused to suffer great pain and anguish and will in the future continue to so suffer; was caused to incur medical expenses and to seek medical care and treatment in an effort to cure herself of her said injuries; was caused to be incapacitated from her usual duties, activities and employment, and will, in the future, continue to be so incapacitated; and has been damaged in an amount that exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, in an amount to be determined upon the trial of this action. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF 70. Plaintiff repeats, reiterates and realleges each and every allegation contained in the First and Second Causes of Action with the same force and effect as though more fully 14 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 set forth at length herein. 71. Thatthe foregoing acts and omissions constituted a violation of §241(6) of the Labor Law of the State of New York. 72. Thatby reason of the aforesaid, the plaintiff was caused to sustain serious, severe and painful personal injuries, some of which are permanent and lasting in nature; was caused to be rendered sick, sore, lame and disabled; was caused to suffer great pain and anguish and will in the future continue to so suffer; was caused to incur medical expenses and to seek medical care and treatment in an effort to cure herself of her said injuries; was caused to be incapacitated from her usual duties, activities and employment, and will, in the future, continue to be so incapacitated; and has been damaged in an amount that exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, in an amount to be determined upon the trial of this action. AS AND FOR A FOURTH CAUSEOF ACTION ON BEHALF OF PLAINTIFF 73. Plaintiff repeats, reiterates and realleges each and every allegation contained in the First, Second and Third Causes of Action with the same force and effect as though more fully set forth at length herein. 74. That the foregoing acts and omissions constituted a violation of §200 of the Labor Law of the State of New York and the rules and regulations promulgated thereunder. 75. That by reason of the aforesaid, the plaintiff was caused to sustain serious, 15 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 severe and painful personal injuries, some of which are permanent and lasting in nature; was caused to be rendered sick, sore, lame and disabled; was caused to suffer great pain and anguish and will in the future continue to so suffer; was caused to incur medical expenses and to seek medical care and treatment in an effort to cure herself of her said injuries; was caused to be incapacitated from her usual duties, activities and employment, and will, in the future, continue to be so incapacitated; and has been damaged in an amount that exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, in an amount to be determined upon the trial of this action. WHEREFORE, plaintiff demands judgment against the defendants, and each of them, in the First Cause of Action in an amount that exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, in an amount to be determined upon the trial of this action; in the Second Cause of Action in an amount that exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, in an amount to be determined upon the trial of this action; in the Third Cause of Action in an amount that exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, in an amount to be determined upon the trial of this action; and in the Fourth Cause of Action in an amount that exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, in an amount to be determined upon the trial of this action; and all of the 16 of 18 FILED: NEW YORK COUNTY CLERK 01/16/2019 08:55 AM INDEX NO. 150417/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/16/2019 foregoing together with costs, interest and disbursements. Dated: New York, New York January 15, 2019 Yours, etc., ARYE, LUSTIG & SASSOWER, P.C. Attorneys for Plaintiff 20 Vesey Street New York, New York 10007 (212) 732-4992 ROBERT M. FIALA 17 of 18 FILED: NEW YORK COUNTY CLERK