Motion-Secondary: Yvette Mcclamb v. Housing Partnership Development Corporation, Kalahari Condominium, The Board Of Managers Of Kalahari Condominium, Wallack Management Co., Inc., Rnc Industries, Llc, West New York Restoration Of Ct, Inc.

On May 10, 2018 a Motion-Secondary was filed involving a dispute between Yvette Mcclamb, and Housing Partnership Development Corporation, Kalahari Condominium, Rnc Industries, Llc, The Board Of Managers Of Kalahari Condominium, Wallack Management Co., Inc., West New York Restoration Of Ct, Inc., for Torts - Other Negligence (Premises Trip and Fall) in the District Court of New York County.

Preview
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK PART 8
____________ _________________ ----------------------x
YVETTE MCCLAMB, Index No. 154374/2018

(ECF)
Plaintiff, Motion Sequence No. 1
v.

HOUSING PARTNERSHIP DEVELOPMENT AFFIRMATION OF
CORPORATION, KALAHARI CONDOMINIUM, SCOTT H. BERNSTEIN, ESQ.
THE BOARD OF MANAGERS OF KALAHARI IN SUPPORT OF
CONDOMINIUM, WALLACK MANAGEMENT MOTION TO DISMISS

CO., INC., RNC INDUSTRIES, LLC AND WEST
NEW YORK RESTORATION OF CT, INC.,
Assigned Judge: Lynn R. Kotler
Defendants.

Return Date: October 29, 2018

---------------------------------------------------------------x

I, Scott H. Bernstein, an attorney duly admitted to the practice of law before the Courts of the

State of New York, hereby affirms the following to be true under the penalty of perjury pursuant to

CPLR § 2106:

1. I am an attorney at law and counsel at the firm of Stradley Ronon Stevens & Young,

LLP, the attorneys of record for Defendant West New York Restoration of CT, Inc. ("West New

York") in the above-captioned action. As such, I am fully familiar with the facts and circumstances of

the case and proceedings heretofore.

2. I make this affirmation in support of West New York Restoration of CT, Inc.'s motion

for an Order (1) dismissing Plaintiff's Complaint and all Cross-Claims and Cross-Complaints asserted

against West New York by the other Defendants in the above-captioned action and (2) providing such

other and further relief to West New York as the Court may deem just, prope , and equitable.

3. Annexed hereto as Exhibit 1 is a true and correct copy of the Complaint filed by

Plaintiff Yvette McClamb in the above-captioned action.

# 3700980 v. 1

1 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018

4. Annexed hereto as Exhibit 2 is a true and correct copy of the Answer with Cross-Claims

filed Defendant RNC Industries, LLC in the above-captioned action.
by

5. Annexed hereto as Exhibit 3 is a true and correct copy of Response Personnel, Inc. v.

Aschenbrenner, Index No. 106590/2008, 2014 NY Slip Op. 31948(U) (Sup. Ct. N.Y. Cnty. July 17,

2014) (Branstein, J.).

6. Annexed hereto as Exhibit 4 is a true and correct copy of Tripp & Co. v. Bank of New

York, Inc., Index No. 114110/2009, 28 Misc.3d 1211(A) (Sup. Ct. N.Y. Cnty. July 14, 2010) (Bernard,

J.).

7. Annexed hereto as Exhibit 5 is a true and correct copy of Digital Broadcasting Corp. v.

Ladenburg, Thalmann & Co., Inc., Index No. 117041/2005, 19 Misc. 3d 1130(A) (Sup. Ct. N.Y. Ctny.

April 21, 2008) (Lowe, J.).

ATTORNEY'S CERTIFICATION

The undersigned hereby certifies that, to the best of the undersigned's knowledge, information

and belief formed after reasonable inquiry under the circumstances, the presentation of the within

Affirmation of Scott H. Bernstein, Esq. in Support of Motion to Dismiss or the contentions contained

therein are not frivolous as defmed in 22 NYCRR § 130-1.1(c).

Dated: New York, New York
October 26, 2018 Respectfully submitted,

Sco t H. Bernstein, Esq.
STRADLEY RONON STEVENS & YOUNG, LLP
ATTORNEYS FOR DEFENDANT, WEST NEW YORK
RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, New York 10017
Telephone: (212) 812-4132
Facsimile: (646) 682-7180
Sbernstein@stradley.com

2
# 3700980 v. 1

2 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018

TO:

RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP

ATTORNEYS FOR PLAINTIFF YVETTE MCCLAMB
Jeremy A. Hellman, Esq.
29th
551 Fifth Avenue,
New York, New York 10176

PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP

ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT
RNC INDUSTRIES, LLC
Kenneth J. Kutner, Esq.
60 Broad Street, Suite 3600A

New York, New York 10004

MARGARET G. KLEIN & ASSOCIATES
ATTORNEYS FOR DEFENDANTS/CROSS-CLAIMANTS
KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC.
Carol Morell, Esq.
2nd
200 Madison Avenue, FlOOr
New York, New York 10016

DEVITT SPELLMAN BARRETT, LLP
ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT
HOUSING PARTNERSHIP DEVELOPMENT CORPORATION

Kelly E. Wright, Esq.
50 Route 11, Suite 314

Smithtown, New York 11787

3
#3700980 v. 1

3 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018

EXHIBIT 1

4 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
FILED NEW YORK COUNTY CLERK INDEX NO. 154374/2018
: 05 /10 /2018 02 : O6 PM|
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:
'
1385 5 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 summes, 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 ifthis 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 reliefdemanded in the
complaint.

Dated: New York, New York

May 10, 2018

Yours, etc.,
RHElNGOLD 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

5 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
INDEX NO. 154374/2018
[FILED : NEW YORK COUNTY CLERK 05/1072018 02 : 0 6 PlMÛ
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

S_epryiceviaSecretaryofState:
HOUSING PARTNERSHIP DEVELOPLMENT CORPORATION
36*
242 West St.,Third Floor
New York, NY 10018

WALLACK MANAGEMENT CO., INC.
4th
441 Lexington Avenue,
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

6 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
INDEX NO. 154374/2018
[FILED : NEW YORK COUNTY CLERK 05/10/2018 02:0 6 PM)
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 Cersplaint against defendants herein, respectfolly sets forth and alleges the

following, upon information and belief:

1. That at all times hereinafter mentioned, plaintiff YVETTE MCCLAMB

(her-iñaRer referred to as plaintiff "MCCLAMB") was and stillis a resident of the County, City

and State of New York.

2. That at all times hereinaAer mentioned defendant HOUSING PARTNERSHIP

DEVELOPLMENT CORPORATION, (hereinafter referred to as defendant "HOUSING") was

and stillis a domestic non for profit corporation, duly organized and avicting under and by virtue

of the laws of the State of New York.

3. That at all times hereinafter mentioned, defendant HOUSING was the owner of a

certain building premises known and designated as 40 West 116th Street, in the County, City and

State of New York.

3 of 14

7 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
INDEX NO. 154374/2018
[FILED : NEW YORK COUNTY CLERK 05710/2018 02 : 06 PM)
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 reañaged 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

OF KALAHARI CONDOMINIUM, (hereinafter referred to as defendant "MANAGERS")

administers the affairs and operations ofdefendant 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 alltimes 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.

-2-

4 of 14

8 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
INDEX NO. 154374/2018
(FILED : NEW YORK COUNTY CLERK 05 /10/2018 02 : 0 6 P
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018

12. That at all times herciñafter deSadant WALLACK operated the
mentioned,

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 compañy duly

organized and existing under and by virtue of the laws of the State of New York.

18. Upon information and belief, that at all times herciñafter mentioned defendant

RNC was in the business of, among other things, general contracting, renovation, repair and/or

construction work.

19. That at all times hereinsfter mentioñêd and sometime prior thereto, defeñdañt

RNC, by its agents, servants and/or employees, made applications for certain permits and/or

licenses from The City of New York, itsagents, servants and/or employees, granting defendant

116d'
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 of New 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

9 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
NEW YORK COUNTY CLERK 02 INDEX NO. 154374/2018
[FILED : 05/10 /2018 : 0 6 PM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2012

defendant RNC, itsagents, 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 mcatioñêd, and for a period of time prior thereto,

defeñdañt 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 hereiñafter 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 cmployees, 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 deSnd==* its servants
mentioned, RNC, by agents,

premises'
and/or cmployees, 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

10 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
FILED NEW YORK COUNTY CLERK /2018 02 INDEX NO. 154374/2018
: 05/10 : 0 6 PB
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018

27. That at all times hereinafter mentioñcd, defendant RNC, by its agents, servants

premises'
and/or employees, maintained the aforesaid tui!d!;g work site and the abutting

sidewalks thereat.

28. That at all times hereinafter menriced, 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 !imited to

construction and/or renovation work at the afarcsaid building premises and the abutting

sidewalks thereat.

29. That at all times hereinafter mentioned, and for a period of time prior thereto,

defendet RNC by its agents, servants and/or cmployces, 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 mention«l, 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 reñovation work at the aforesaid building premises and the abutting

sidewalks thereat.

31. That at all times hercinancr mentioned, Defendant WEST NEW YORK

RESTORATION OF CT., INC ( hereiñafter "WEST NEW YORK") was and still is a foreign

corparation duly licensed and authorized to do business in the State ofNew York.

32. That at all times herciñaner mentioned, Defendant WEST NEW YORK was a

foreign corporation that derived substatia! revenue from interstate or internaticñal commerce

. 5.

7 of 14

11 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
INDEX NO. 154374/2018
(FILED : NEW YORK COUNTY CLERK 05/1072018 02 : 0 6 PM)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018

and expected or should reasonably have expected that ifitcommined a tortious act within the

State of New York that said tortious act would have conseqüêñces 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, rêñavation,

repair and/or construction work.

34. That at all times hereineher 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

11602
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 its agents, servants and/or emplayees, 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 herciñafter 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 renovatica work being performed at the aforesaid building premises

and the abutting sidewalks thereat.

37. That at all times hereinaher 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

12 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
NEW YORK COUNTY INDEX NO. 154374/2018
ffILED : CLERK 0571072018 02:0 6 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2012

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 hereiñaner mentioned, defendant WEST NEW YORK by its

premises'
agents, servants and/or emplüyees, 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 siteand the

abutting sidewalks thereat.

41. That at all times hereinafter mentioned, defeñdañt 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 menticñed, and for a period of time prior thereto,

defendant WEST NEW YORK by itsagents, servants and/or emplayees, entered into certain

contracts and/or agreemcats with deandant HOUSING to perform certain services, but
including

not limited to c0ñstruction and/or renovation work at the aforesaid building premises and the

abutting sidewalks thereat.

44. That at all times hereinafter menticñed, 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 de6ndant KALAHARI to perform certain services, including

- 7 -

9 of 14

13 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
INDEX NO. 154374/2C18
[FILED: NEW -Ÿ¯ORK COUNTY CLERK 05 /10 /2018 02 : 0 6 PI4
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2C18

but not limited to constrüetion and/or renovaticñ 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 itsagents, servants and/or employees, entend 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 bui!ding premises and the

abutting sidewalks thereat.

46. That at alltimes hercinaâer 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 fashióñ 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 wa!king on the sidewalk at the aforesaid location, she was caused to fallthereat, as a

result of which she sustained severe personal injuries.

50. The foegoing occurrence and re3üitant iñjuries 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

10 of 14

14 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/26/2018
NEW YORK COUNTY INDEX NO. 154374/2018
[FILED : CLERK 05/10/2018 02 : 0 6 PM|
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 cóñstituting 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 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; in failing to place any

signs, barricades or other warning devices thereat to prevent plaintiff and others from traversing

in to repair, properly repair and timely repair the aforesaid conditiens; in
thereat; failing

the aforesaid place sometime prior to the occurrence; in failing to remedy,
improperly repairing

and/or timely remedy the aforesaid dangerous and hazardous conditions
properly remedy

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 and the defendants their agents, servants and/or

created said conditions; in violating the applicable laws, rules, statutes, ordinances
employees,

and regulations in such cases made and provided; in failing to provide a safe place for plaintiff

and others to walk and in otherwise negligent, careless and reckless allwithout any fault or
being

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

15 of 69
FILED: NEW YORK COUNTY CLERK 10/26/2018 11:40 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 43

Case Info

Judge

Arlene P Bluth Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

October 26, 2018

Case Filing Date

May 10, 2018

County

Parties

BERNSTEIN, SCOTT H Attorney for the Defendant
BIEDER, JOHN WILLIAM Attorney for the Defendant
BLACK, LISA J Attorney for the Defendant
EDWARDS, SEAN OMAR Attorney for the Defendant
FIXLER, JASON L Attorney for the Defendant
FRENCH, JOSEPH A Attorney for the Defendant
GIUFFRA, THOMAS PETER Attorney for the Plaintiff
GLASSMAN, MICHAEL HAYES Attorney for the Defendant
HELLMAN, JEREMY ALLAN Attorney for the Plaintiff
Housing Partnership Development Corporation Defendant
Kalahari Condominium Defendant
KUTNER, KENNETH J. Attorney for the Defendant
RNC Industries, LLC Defendant
SPELLMAN, KEVIN M Attorney for the Defendant
The Board of Managers of Kalahari Condominium Defendant
Wallack Management Co., Inc. Defendant
West New York Restoration of CT, Inc. Defendant
Yvette Mcclamb Plaintiff
CAROL MORELL Attorneys for Defendants
KELLY WRIGHT Attorneys for Defendants
SHERRI PLOTKIN Attorneys for Plaintiffs
MICHAEL HOLOHAN Attorneys for Defendants

For full print and download access, please subscribe at https://www.trellis.law/.

Motion-Secondary: Yvette Mcclamb v. Housing Partnership Development Corporation, Kalahari Condominium, The Board Of Managers Of Kalahari Condominium, Wallack Management Co., Inc., Rnc Industries, Llc, West New York Restoration Of Ct, Inc.

Preview

Related Topics

Case Info

Parties