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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YVETTE MCCLAMB, Plaintiff designates NEW YORK COUNTY
County as the place of trial
Plaintiff,
PLAINTIFF DEMANDS
-against- TRIAL BY JURY
Index No.:
HOUSING PARTNERSHIP DEVELOPLMENT Date Filed:
CORPORATION, KALAHARI CONDOMINIUM,
THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT SUMMONS
CO., INC., RNC INDUSTRIES, LLC. and WEST
NEW YORK RESTORATION OF CT, INC. The basis of the venue is
Plaintiff's residence &
Defendants. location of the accident
Plaintiff resides at:
5th
1385 Avenue, Apt. 6B
New York, NY 10029
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons.
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in the case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York
May 10, 2018
Yours, etc.,
RHEINGOLD GIUFFRA RUFFO
& PLOTKIN LLP
Attorneys for Plaintiff
By:
Jeremy A. Hellman, Esq.
Office & P.O. Address
29th
551 Fifth Avenue, Fl.
New York, N.Y. 10176
(212) 684-1880
DEFENDANTS'
ADDRESSES ON NEXT PAGE
Defendants'
Addresses:
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KALAHARI CONDOMINIUM
116*
40 West St, New York, NY
THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM
40 West 116th St, New York, NY
Service via Secretary of State:
HOUSING PARTNERSHIP DEVELOPLMENT CORPORATION
36*
242 West 36 St.,Third Floor
New York, NY 10018
WALLACK MANAGEMENT CO., INC.
4*
441 Lexington Avenue, Fl.
New York, NY 10017
RNC INDUSTRIES, LLC.
720 Blue Point Rd.
Holtsville, NY 11742
WEST NEW YORK RESTORATION OF CT, INC.
1800 Boston Rd.
Bronx, NY 10460
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YVETTE MCCLAMB, Index No.:
Plaintiff,
-against-
HOUSING PARTNERSHIP DEVELOPLMENT
CORPORATION, KALAHARI CONDOMINIUM,
THE BOARD OF MANAGERS OF KALAHARI
'
CONDOMINIUM, WALLACK MANAGEMENT VERIFIED COMPLAINT
CO., INC., RNC INDUSTRIES, LLC. and WEST
NEW YORK RESTORATION OF CT, INC.
Defendants.
Plaintiff, by her attorneys, RHEINGOLD GIUFFRA RUFFFO & PLOTKIN, LLP, as and
for her Verified Complaint against defendants herein, respectfully sets forth and alleges the
following, upon information and belief:
1. That at all times hereinafter mentioned, plaintiff YVETTE MCCLAMB
(hereinafter referred to as plaintiff "MCCLAMB") was and stillis a resident of the County, City
and State of New York.
2. That at all times hereinafter mentioned defendant HOUSING PARTNERSHIP
"HOUSING"
DEVELOPLMENT CORPORATION, (hereinafter referred to as defendant "HOUSING") was
and still is a domestic non for profit corporation, duly organized and existing under and by virtue
of the laws of the State of New York.
3. That at alltimes hereinafter mentioned, defendant HOUSING was the owner of a
certain building premises known and designated as 40 West I16th Street, in the County, City and
State of New York.
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4. That at all times hereinafter mentioned, defendant HOUSING controlled the
aforesaid building premises.
5. That at all times hereinafter mentioned, defendant HOUSING supervised the
aforesaid building premises.
6. That at all times hereinafter mentioned, defendant HOUSING managed the
aforesaid building premises.
7. That at all times hereinafter mentioned, defendant HOUSING maintained the
aforesaid building premises.
8. That at all times hereinafter mention defendant KALAHARI CONDOMINIUM
(hereinafter referred to as defendant "KALAHARI") is a condominium association organized
and existing under and by virtue of the laws of the State of New York and is authorized to
conduct business in the State ofNew York.
9. That at all times hereinafter mention defendant THE BOARD OF MANAGERS
"MANAGERS"
OF KALAHARI CONDOMINIUM, (hereinafter referred to as defendant "MANAGERS")
administers the affairs and operations of defendant KALAHARI.
10. That at all times hereinafter mention defendant WALLACK MANAGEMENT
CO, INC. (hereinafter referred to as defendant "WALLACK") was domestic business
corporation duly organized and existing under and by virtue of the laws of the State of New
York.
11. That at all times hereinafter mentioned, defendant WALLACK was the managing
agent of a certain building premises known and designated as 40 West 116th Street, in the
County, City and State ofNew York.
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12. That at all times hereinafter mentioned, defendant WALLACK operated the
aforesaid building premises.
13. That at all times hereinafter mentioned, defendant WALLACK controlled the
aforesaid building premises.
14. That at all times hereinafter mentioned, defendant WALLACK supervised the
aforesaid building premises.
15. That at all times hereinafter mentioned, defendant WALLACK managed the
aforesaid building premises.
16. That at all times hereinafter mentioned, defendant WALLACK maintained the
aforesaid building premises.
17. That at all times hereinafter mention defendant RNC INDUSTRIES, LLC.
(hereinafter referred to as defendant "RNC") was a domestic limited liability company duly
organized and existing under and by virtue ofthe laws of the State ofNew York.
18. Upon information and belief, that at all times hereinafter mentioned defendant
RNC was in the business of, among other things, general contracting, renovation, repair and/or
construction work.
19. That at all times hereinafter mentioned and sometime prior thereto, defendant
RNC, by its agents, servants and/or employees, made applications for certain permits and/or
licenses from The City of New York, its agents, servants and/or employees, granting defendant
116'
permission and/or license to perform certain work at and in the vicinity of 40 West Street,
and the abutting sidewalk thereat, in the County, City and State ofNew York.
20. That at all times hereinafter mentioned and sometime prior thereto, The City of
New York, by itsagents, servants and/or employees, did issue certain permits and/or licenses to
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defendant RNC, its agents, servants and/or employees, granting said defendant permission and/or
license to perform certain work at and in the vicinity of the aforementioned location.
21. That at all times hereinafter mentioned, and for a period of time prior thereto,
defendant RNC was the general contractor with respect to the performance of certain
construction and/or renovation work being performed at the aforesaid building premises and the
abutting sidewalks thereat.
22. That at all times hereinafter mentioned and sometime prior thereto, defendant
RNC, by itsagents, servants and/or employees, did perform certain work at and in the vicinity of
the aforementioned location.
23. That at all times hereinafter mentioned, defendant RNC by its agents, servants
premises'
and/or employees, operated the aforesaid building work site and the abutting sidewalks
thereat.
24. That at all times hereinafter mentioned, defendant RNC by its agents, servants
premises'
and/or employees, controlled the aforesaid building work site and the abutting
sidewalks thereat.
25. That at all times hereinafter mentioned, defendant RNC, by its agents, servants
premises'
and/or employees, supervised the aforesaid building work site and the abutting
sidewalks thereat.
26. That at all times hereinafter mentioned, defendant RNC by its agents, servants
premises'
and/or employees, managed the aforesaid building work site and the abutting
sidewalks thereat.
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27. That at all times hereinafter mentioned, defendant RNC, by itsagents, servants
premises'
and/or employees, maintained the aforesaid building work site and the abutting
sidewalks thereat.
28. That at all times hereinafter mentioned, and for a period of time prior thereto,
defendant RNC by its agents, servants and/or employees, entered into certain contracts and/or
agreements with defendant HOUSING to perform certain services, including but not limited to
construction and/or renovation work at the aforesaid building premises and the abutting
sidewalks thereat.
29. That at all times hereinafter mentioned, and for a period of time prior thereto,
defendant RNC by its agents, servants and/or employees, entered into certain contracts and/or
agreements with defendant KALAHARI to perform certain services, including but not limited to
construction and/or renovation work at the aforesaid building premises and the abutting
sidewalks thereat.
30. That at all times hereinafter mentioned, and for a period of time prior thereto,
defendant RNC by its agents, servants and/or employees, entered into certain contracts and/or
agreements with defendant WALLACK to perform certain services, including but not limited to
construction and/or renovation work at the aforesaid building premises and the abutting
sidewalks thereat.
31. That at all times hereinafter mentioned, Defendant WEST NEW YORK
YORK"
RESTORATION OF CT., INC ( hereinafter "WEST NEW YORK") was and stillis a foreign
corporation duly licensed and authorized to do business in the State ofNew York.
32. That at all times hereinafter mentioned, Defendant WEST NEW YORK was a
foreign corporation that derived substantial revenue from interstate or international commerce
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and expected or should reasonably have expected that if it committed a tortious act within the
State of New York that said tortious act would have consequences within the State of New York.
33. Upon information and belief, that at all times hereinafter mentioned defendant
WEST NEW YORK was in the business of, among other things, general contracting, renovation,
repair and/or construction work.
34. That at all times hereinafter mentioned and sometime prior thereto, defendant
WEST NEW YORK, by its agents, servants and/or employees, made applications for certain
permits and/or licenses from The City of New York, its agents, servants and/or employees,
granting defendant permission and/or license to perform certain work at and in the vicinity of 40
I1681
West Street, and the abutting sidewalk thereat, in the County, City and State of New York.
35. That at all times hereinafter mentioned and sometime prior thereto, The City of
New York, by itsagents, servants and/or employees, did issue certain permits and/or licenses to
defendant WEST NEW YORK its agents, servants and/or employees, granting said defendant
permission and/or license to perform certain work at and in the vicinity of the aforementioned
location.
36. That at all times hereinafter mentioned, and for a period of time prior thereto,
defendant WEST NEW YORK was the general contractor with respect to the performance of
certain construction and/or renovation work being performed at the aforesaid building premises
and the abutting sidewalks thereat.
37. That at all times hereinafter mentioned and sometime prior thereto, defendant
WEST NEW YORK, by its agents, servants and/or employees, did perform certain work at and
in the vicinity of the aforementioned location.
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38. That at all times hereinafter mentioned, defendant WEST NEW YORK by its
premises'
agents, servants and/or employees, operated the aforesaid building work site and the
abutting sidewalks thereat.
39. That at all times hereinafter mentioned, defendant WEST NEW YORK by its
premises'
agents, servants and/or employees, controlled the aforesaid building work site and the
abutting sidewalks thereat.
40. That at all times hereinafter mentioned, defendant WEST NEW YORK, by its
premises'
agents, servants and/or employees, supervised the aforesaid building work site and the
abutting sidewalks thereat.
41. That at all times hereinafter mentioned, defendant WEST NEW YORK by its
premises'
agents, servants and/or employees, managed the aforesaid building work site and the
abutting sidewalks thereat.
42. That at all times hereinafter mentioned, defendant WEST NEW YORK, by its
premises'
agents, servants and/or employees, maintained the aforesaid building work site and the
abutting sidewalks thereat.
43. That at all times hereinafter mentioned, and for a period of time prior thereto,
defendant WEST NEW YORK by its agents, servants and/or employees, entered into certain
contracts and/or agreements with defendant HOUSING to perform certain services, including but
not limited to construction and/or renovation work at the aforesaid building premises and the
abutting sidewalks thereat.
44. That at all times hereinafter mentioned, and for a period of time prior thereto,
defendant WEST NEW YORK by its agents, servants and/or employees, entered into certain
contracts and/or agreements with defendant KALAHARI to perform certain services, including
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but not limited to construction and/or renovation work at the aforesaid building premises and the
abutting sidewalks thereat.
45. That at all times hereinafter mentioned, and for a period of time prior thereto,
defendant WEST NEW YORK C by its agents, servants and/or employees, entered into certain
contracts and/or agreements with defendant WALLACK to perform certain services, including
but not limited to construction and/or renovation work at the aforesaid building premises and the
abutting sidewalks thereat.
46. That at all times hereinafter mentioned, defendants were under a duty to operate,
control, supervise, manage and maintain the aforesaid building premises and the abutting
sidewalks in a safe, lawful and proper fashion so that no persons lawfully thereat would be
caused to sustain serious injuries.
47 That at all times hereinafter mentioned, the aforesaid sidewalk was and still is a
public sidewalk and thoroughfare for use by the general public.
48. That at all times hereinafter mentioned, plaintiff MCCLAMB was a lawful
pedestrian at the aforesaid location.
49. That on or about the 22nd day of August 2017 while plaintiff MCCLAMB was
lawfully walking on the sidewalk at the aforesaid location, she was caused to fall thereat, as a
result of which she sustained severe personal injuries.
50. The foregoing occurrence and resultant injuries to plaintiff MCCLAMB due to
the carelessness, recklessness and negligence of the defendants their agents, servants and/or
employees, in the ownership, operation, management, maintenance and control of said premises
and the abutting sidewalks; in causing, permitting and allowing the aforesaid sidewalk to be,
become and remain in a broken, cracked, raised, uneven, worn condition; in causing, permitting
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and/or allowing said sidewalk to be, become and remain in a dangerous, hazardous and trap like
condition; in causing, permitting and/or allowing the aforesaid sidewalk to be, become and
remain in a broken, hazardous and dangerous condition, thereby creating and constituting a trap,
hazard and tripping condition for persons lawfully walking thereat; in failing to train, properly
train and/or adequately train its agents, servants and/or employees, in the safe and proper
execution of their job; in failing to make the due, timely and necessary inspections of the
aforesaid area; in allowing the aforesaid dangerous and hazardous conditions to exist with actual
and constructive notice; in causing and creating the aforesaid dangerous and hazardous
condition; in failing to remedy, properly remedy and/or timely remedy the aforesaid dangerous
and hazardous conditions although ithad or should have had notice thereof in view of the fact
that said conditions existed for some time prior to the occurrence herein; in failing to place any
signs, barricades or other warning devices thereat to prevent plaintiff and others from traversing
thereat; in failing to repair, properly repair and timely repair the aforesaid conditions; in
improperly repairing the aforesaid place sometime prior to the occurrence; in failing to remedy,
properly remedy and/or timely remedy the aforesaid dangerous and hazardous conditions
although it had or should have had notice thereof in view of the fact that said conditions existed
for some time prior to the occurrence herein and the defendants their agents, servants and/or
employees, created said conditions; in violating the applicable laws, rules, statutes, ordinances
and regulations in such cases made and provided; in failing to provide a safe place for plaintiff
and others to walk and in otherwise being negligent, careless and reckless allwithout any fault or
lack of care on the part of Plaintiff contributing thereto.
51. That as a result of the aforesaid occurrence, plaintiff MCCLAMB sustained
severe and permanent personal injuries to her head, limbs, body and nervous system and has
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been rendered sick, sore, lame and disabled and upon information and belief, some of these
injuries are permanent; that he has been unable to pursue her usual duties and activities for some
time; that she has been confined to bed and home for some time; that she has been compelled to
submit herself to hospital and medical care and attention and to incur various sums of money
therefore in an endeavor to cure or alleviate her said injuries and that she has been compelled to
suffer physical pain, mental anguish and emotional distress.
52. That this action falls within one or more of the exceptions set forth in C.P.L.R.
1602.
53. That by reason of the foregoing, plaintiff MCCCLAMB has been damaged in a
sum that exceeds the jurisdictional limits of all other courts which would otherwise have
jurisdiction.
WHEREFORE, plaintiff demands judgment against the defendants, and each of them, in
such sums as a jury may find reasonable, fair and just; together with the interest, costs and
disbursements of this action.
Dated: New York, NY
May 10, 2018
RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
Attorneys for Plaintiff
I
By:
Jeremy A. llman, Esq.
29*
551 Fifth Avenue, Fl.
New York, NY 10176
Tel: (212) 684-1880
Fax: (212) 689-8156
- 10-
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VERIFICATION
STATE OF NEW YORK }
}ss.:
COUNTY OF NEW YORK}
Yvette McClamb, being duly sworn, deposes and says, that I am the Plaintiff in the within
action; I have read the foregoing,
'
\/en . A 2
- 6om /(A·vT vV and know the contents
thereof; the same is true to my own knowledge, except as to the matters therein stated to be
alleged upon information and belief, and as to those matters I believe them to be true.
ALAS$AN*
CAMARA
NOTARY 5tate of New tris
f
PU8LIC,
NO. 01C/
Qualified inN
6225429
v York Cot . G(
R& IV)C VY)
commi=lon
Empireshly
,20
f Yvette McClamb
th'
Sworn to befo me on this
day of , 20
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YVETTE MCCLAMB, Index No.
Plaintiff,
-against-
HOUSING PARTNERSHIP DEVELOPLMENT
CORPORATION, KALAHARI CONDOMINIUM,
THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT
CO., INC., RNC INDUSTRIES, LLC. and WEST
NEW YORK RESTORATION OF CT. INC,
Defendant.
SUMMONS AND VERIFIED COMPLAINT
RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
Attorneys for Plaintiff
29th
551 Fifth Avenue, FlOOr
New York, NY 10176
Tel: (212) 684-1880
Fax: (212) 689-8156
The documents herein are hereby certified pursuant to 25 NYCRR
130-1.la: Dated New York, NY
By
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FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YVETTE MCCLAMB, Plaintiff designates NEW YORK COUNTY County as the place of trial Plaintiff, PLAINTIFF DEMANDS -against- TRIAL BY JURY Index No.: HOUSING PARTNERSHIP DEVELOPLMENT Date Filed: CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT SUMMONS CO., INC., RNC INDUSTRIES, LLC. and WEST NEW YORK RESTORATION OF CT, INC. The basis of the venue is Plaintiff's residence & Defendants. location of the accident Plaintiff resides at: 5th 1385 Avenue, Apt. 6B New York, NY 10029 TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons. exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York May 10, 2018 Yours, etc., RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiff By: Jeremy A. Hellman, Esq. Office & P.O. Address 29th 551 Fifth Avenue, Fl. New York, N.Y. 10176 (212) 684-1880 DEFENDANTS' ADDRESSES ON NEXT PAGE Defendants' Addresses: 1 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 KALAHARI CONDOMINIUM 116* 40 West St, New York, NY THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM 40 West 116th St, New York, NY Service via Secretary of State: HOUSING PARTNERSHIP DEVELOPLMENT CORPORATION 36* 242 West 36 St.,Third Floor New York, NY 10018 WALLACK MANAGEMENT CO., INC. 4* 441 Lexington Avenue, Fl. New York, NY 10017 RNC INDUSTRIES, LLC. 720 Blue Point Rd. Holtsville, NY 11742 WEST NEW YORK RESTORATION OF CT, INC. 1800 Boston Rd. Bronx, NY 10460 2 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YVETTE MCCLAMB, Index No.: Plaintiff, -against- HOUSING PARTNERSHIP DEVELOPLMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI ' CONDOMINIUM, WALLACK MANAGEMENT VERIFIED COMPLAINT CO., INC., RNC INDUSTRIES, LLC. and WEST NEW YORK RESTORATION OF CT, INC. Defendants. Plaintiff, by her attorneys, RHEINGOLD GIUFFRA RUFFFO & PLOTKIN, LLP, as and for her Verified Complaint against defendants herein, respectfully sets forth and alleges the following, upon information and belief: 1. That at all times hereinafter mentioned, plaintiff YVETTE MCCLAMB (hereinafter referred to as plaintiff "MCCLAMB") was and stillis a resident of the County, City and State of New York. 2. That at all times hereinafter mentioned defendant HOUSING PARTNERSHIP "HOUSING" DEVELOPLMENT CORPORATION, (hereinafter referred to as defendant "HOUSING") was and still is a domestic non for profit corporation, duly organized and existing under and by virtue of the laws of the State of New York. 3. That at alltimes hereinafter mentioned, defendant HOUSING was the owner of a certain building premises known and designated as 40 West I16th Street, in the County, City and State of New York. 3 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 4. That at all times hereinafter mentioned, defendant HOUSING controlled the aforesaid building premises. 5. That at all times hereinafter mentioned, defendant HOUSING supervised the aforesaid building premises. 6. That at all times hereinafter mentioned, defendant HOUSING managed the aforesaid building premises. 7. That at all times hereinafter mentioned, defendant HOUSING maintained the aforesaid building premises. 8. That at all times hereinafter mention defendant KALAHARI CONDOMINIUM (hereinafter referred to as defendant "KALAHARI") is a condominium association organized and existing under and by virtue of the laws of the State of New York and is authorized to conduct business in the State ofNew York. 9. That at all times hereinafter mention defendant THE BOARD OF MANAGERS "MANAGERS" OF KALAHARI CONDOMINIUM, (hereinafter referred to as defendant "MANAGERS") administers the affairs and operations of defendant KALAHARI. 10. That at all times hereinafter mention defendant WALLACK MANAGEMENT CO, INC. (hereinafter referred to as defendant "WALLACK") was domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. 11. That at all times hereinafter mentioned, defendant WALLACK was the managing agent of a certain building premises known and designated as 40 West 116th Street, in the County, City and State ofNew York. 4 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 12. That at all times hereinafter mentioned, defendant WALLACK operated the aforesaid building premises. 13. That at all times hereinafter mentioned, defendant WALLACK controlled the aforesaid building premises. 14. That at all times hereinafter mentioned, defendant WALLACK supervised the aforesaid building premises. 15. That at all times hereinafter mentioned, defendant WALLACK managed the aforesaid building premises. 16. That at all times hereinafter mentioned, defendant WALLACK maintained the aforesaid building premises. 17. That at all times hereinafter mention defendant RNC INDUSTRIES, LLC. (hereinafter referred to as defendant "RNC") was a domestic limited liability company duly organized and existing under and by virtue ofthe laws of the State ofNew York. 18. Upon information and belief, that at all times hereinafter mentioned defendant RNC was in the business of, among other things, general contracting, renovation, repair and/or construction work. 19. That at all times hereinafter mentioned and sometime prior thereto, defendant RNC, by its agents, servants and/or employees, made applications for certain permits and/or licenses from The City of New York, its agents, servants and/or employees, granting defendant 116' permission and/or license to perform certain work at and in the vicinity of 40 West Street, and the abutting sidewalk thereat, in the County, City and State ofNew York. 20. That at all times hereinafter mentioned and sometime prior thereto, The City of New York, by itsagents, servants and/or employees, did issue certain permits and/or licenses to 3 5 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 defendant RNC, its agents, servants and/or employees, granting said defendant permission and/or license to perform certain work at and in the vicinity of the aforementioned location. 21. That at all times hereinafter mentioned, and for a period of time prior thereto, defendant RNC was the general contractor with respect to the performance of certain construction and/or renovation work being performed at the aforesaid building premises and the abutting sidewalks thereat. 22. That at all times hereinafter mentioned and sometime prior thereto, defendant RNC, by itsagents, servants and/or employees, did perform certain work at and in the vicinity of the aforementioned location. 23. That at all times hereinafter mentioned, defendant RNC by its agents, servants premises' and/or employees, operated the aforesaid building work site and the abutting sidewalks thereat. 24. That at all times hereinafter mentioned, defendant RNC by its agents, servants premises' and/or employees, controlled the aforesaid building work site and the abutting sidewalks thereat. 25. That at all times hereinafter mentioned, defendant RNC, by its agents, servants premises' and/or employees, supervised the aforesaid building work site and the abutting sidewalks thereat. 26. That at all times hereinafter mentioned, defendant RNC by its agents, servants premises' and/or employees, managed the aforesaid building work site and the abutting sidewalks thereat. -4- 6 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 27. That at all times hereinafter mentioned, defendant RNC, by itsagents, servants premises' and/or employees, maintained the aforesaid building work site and the abutting sidewalks thereat. 28. That at all times hereinafter mentioned, and for a period of time prior thereto, defendant RNC by its agents, servants and/or employees, entered into certain contracts and/or agreements with defendant HOUSING to perform certain services, including but not limited to construction and/or renovation work at the aforesaid building premises and the abutting sidewalks thereat. 29. That at all times hereinafter mentioned, and for a period of time prior thereto, defendant RNC by its agents, servants and/or employees, entered into certain contracts and/or agreements with defendant KALAHARI to perform certain services, including but not limited to construction and/or renovation work at the aforesaid building premises and the abutting sidewalks thereat. 30. That at all times hereinafter mentioned, and for a period of time prior thereto, defendant RNC by its agents, servants and/or employees, entered into certain contracts and/or agreements with defendant WALLACK to perform certain services, including but not limited to construction and/or renovation work at the aforesaid building premises and the abutting sidewalks thereat. 31. That at all times hereinafter mentioned, Defendant WEST NEW YORK YORK" RESTORATION OF CT., INC ( hereinafter "WEST NEW YORK") was and stillis a foreign corporation duly licensed and authorized to do business in the State ofNew York. 32. That at all times hereinafter mentioned, Defendant WEST NEW YORK was a foreign corporation that derived substantial revenue from interstate or international commerce -5- 7 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 and expected or should reasonably have expected that if it committed a tortious act within the State of New York that said tortious act would have consequences within the State of New York. 33. Upon information and belief, that at all times hereinafter mentioned defendant WEST NEW YORK was in the business of, among other things, general contracting, renovation, repair and/or construction work. 34. That at all times hereinafter mentioned and sometime prior thereto, defendant WEST NEW YORK, by its agents, servants and/or employees, made applications for certain permits and/or licenses from The City of New York, its agents, servants and/or employees, granting defendant permission and/or license to perform certain work at and in the vicinity of 40 I1681 West Street, and the abutting sidewalk thereat, in the County, City and State of New York. 35. That at all times hereinafter mentioned and sometime prior thereto, The City of New York, by itsagents, servants and/or employees, did issue certain permits and/or licenses to defendant WEST NEW YORK its agents, servants and/or employees, granting said defendant permission and/or license to perform certain work at and in the vicinity of the aforementioned location. 36. That at all times hereinafter mentioned, and for a period of time prior thereto, defendant WEST NEW YORK was the general contractor with respect to the performance of certain construction and/or renovation work being performed at the aforesaid building premises and the abutting sidewalks thereat. 37. That at all times hereinafter mentioned and sometime prior thereto, defendant WEST NEW YORK, by its agents, servants and/or employees, did perform certain work at and in the vicinity of the aforementioned location. -6- 8 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 38. That at all times hereinafter mentioned, defendant WEST NEW YORK by its premises' agents, servants and/or employees, operated the aforesaid building work site and the abutting sidewalks thereat. 39. That at all times hereinafter mentioned, defendant WEST NEW YORK by its premises' agents, servants and/or employees, controlled the aforesaid building work site and the abutting sidewalks thereat. 40. That at all times hereinafter mentioned, defendant WEST NEW YORK, by its premises' agents, servants and/or employees, supervised the aforesaid building work site and the abutting sidewalks thereat. 41. That at all times hereinafter mentioned, defendant WEST NEW YORK by its premises' agents, servants and/or employees, managed the aforesaid building work site and the abutting sidewalks thereat. 42. That at all times hereinafter mentioned, defendant WEST NEW YORK, by its premises' agents, servants and/or employees, maintained the aforesaid building work site and the abutting sidewalks thereat. 43. That at all times hereinafter mentioned, and for a period of time prior thereto, defendant WEST NEW YORK by its agents, servants and/or employees, entered into certain contracts and/or agreements with defendant HOUSING to perform certain services, including but not limited to construction and/or renovation work at the aforesaid building premises and the abutting sidewalks thereat. 44. That at all times hereinafter mentioned, and for a period of time prior thereto, defendant WEST NEW YORK by its agents, servants and/or employees, entered into certain contracts and/or agreements with defendant KALAHARI to perform certain services, including 7 9 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 but not limited to construction and/or renovation work at the aforesaid building premises and the abutting sidewalks thereat. 45. That at all times hereinafter mentioned, and for a period of time prior thereto, defendant WEST NEW YORK C by its agents, servants and/or employees, entered into certain contracts and/or agreements with defendant WALLACK to perform certain services, including but not limited to construction and/or renovation work at the aforesaid building premises and the abutting sidewalks thereat. 46. That at all times hereinafter mentioned, defendants were under a duty to operate, control, supervise, manage and maintain the aforesaid building premises and the abutting sidewalks in a safe, lawful and proper fashion so that no persons lawfully thereat would be caused to sustain serious injuries. 47 That at all times hereinafter mentioned, the aforesaid sidewalk was and still is a public sidewalk and thoroughfare for use by the general public. 48. That at all times hereinafter mentioned, plaintiff MCCLAMB was a lawful pedestrian at the aforesaid location. 49. That on or about the 22nd day of August 2017 while plaintiff MCCLAMB was lawfully walking on the sidewalk at the aforesaid location, she was caused to fall thereat, as a result of which she sustained severe personal injuries. 50. The foregoing occurrence and resultant injuries to plaintiff MCCLAMB due to the carelessness, recklessness and negligence of the defendants their agents, servants and/or employees, in the ownership, operation, management, maintenance and control of said premises and the abutting sidewalks; in causing, permitting and allowing the aforesaid sidewalk to be, become and remain in a broken, cracked, raised, uneven, worn condition; in causing, permitting -8- 10 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 and/or allowing said sidewalk to be, become and remain in a dangerous, hazardous and trap like condition; in causing, permitting and/or allowing the aforesaid sidewalk to be, become and remain in a broken, hazardous and dangerous condition, thereby creating and constituting a trap, hazard and tripping condition for persons lawfully walking thereat; in failing to train, properly train and/or adequately train its agents, servants and/or employees, in the safe and proper execution of their job; in failing to make the due, timely and necessary inspections of the aforesaid area; in allowing the aforesaid dangerous and hazardous conditions to exist with actual and constructive notice; in causing and creating the aforesaid dangerous and hazardous condition; in failing to remedy, properly remedy and/or timely remedy the aforesaid dangerous and hazardous conditions although ithad or should have had notice thereof in view of the fact that said conditions existed for some time prior to the occurrence herein; in failing to place any signs, barricades or other warning devices thereat to prevent plaintiff and others from traversing thereat; in failing to repair, properly repair and timely repair the aforesaid conditions; in improperly repairing the aforesaid place sometime prior to the occurrence; in failing to remedy, properly remedy and/or timely remedy the aforesaid dangerous and hazardous conditions although it had or should have had notice thereof in view of the fact that said conditions existed for some time prior to the occurrence herein and the defendants their agents, servants and/or employees, created said conditions; in violating the applicable laws, rules, statutes, ordinances and regulations in such cases made and provided; in failing to provide a safe place for plaintiff and others to walk and in otherwise being negligent, careless and reckless allwithout any fault or lack of care on the part of Plaintiff contributing thereto. 51. That as a result of the aforesaid occurrence, plaintiff MCCLAMB sustained severe and permanent personal injuries to her head, limbs, body and nervous system and has 9 11 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 been rendered sick, sore, lame and disabled and upon information and belief, some of these injuries are permanent; that he has been unable to pursue her usual duties and activities for some time; that she has been confined to bed and home for some time; that she has been compelled to submit herself to hospital and medical care and attention and to incur various sums of money therefore in an endeavor to cure or alleviate her said injuries and that she has been compelled to suffer physical pain, mental anguish and emotional distress. 52. That this action falls within one or more of the exceptions set forth in C.P.L.R. 1602. 53. That by reason of the foregoing, plaintiff MCCCLAMB has been damaged in a sum that exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. WHEREFORE, plaintiff demands judgment against the defendants, and each of them, in such sums as a jury may find reasonable, fair and just; together with the interest, costs and disbursements of this action. Dated: New York, NY May 10, 2018 RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiff I By: Jeremy A. llman, Esq. 29* 551 Fifth Avenue, Fl. New York, NY 10176 Tel: (212) 684-1880 Fax: (212) 689-8156 - 10- 12 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 VERIFICATION STATE OF NEW YORK } }ss.: COUNTY OF NEW YORK} Yvette McClamb, being duly sworn, deposes and says, that I am the Plaintiff in the within action; I have read the foregoing, ' \/en . A 2 - 6om /(A·vT vV and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. ALAS$AN* CAMARA NOTARY 5tate of New tris f PU8LIC, NO. 01C/ Qualified inN 6225429 v York Cot . G( R& IV)C VY) commi=lon Empireshly ,20 f Yvette McClamb th' Sworn to befo me on this day of , 20 13 of 14 FILED: NEW YORK COUNTY CLERK 05/10/2018 02:06 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YVETTE MCCLAMB, Index No. Plaintiff, -against- HOUSING PARTNERSHIP DEVELOPLMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC. and WEST NEW YORK RESTORATION OF CT. INC, Defendant. SUMMONS AND VERIFIED COMPLAINT RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiff 29th 551 Fifth Avenue, FlOOr New York, NY 10176 Tel: (212) 684-1880 Fax: (212) 689-8156 The documents herein are hereby certified pursuant to 25 NYCRR 130-1.la: Dated New York, NY By 14 of 14