Preview
FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
Index No.:
Date Filed:
ALLSTATE INDEMNITY COMPANY
A/S/O MELISSA DORIS
SUMMONS
Plaintiff,
Plaintiff designates
-against- Onondaga County
as the Place of Trial
STANLEY BLACK & DECKER, INC.
The basis of venue is
Defendant. the Defendant's residence
or place of business and/or
location of tort.
To the above-named defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, ifthe complaint is not served with this summons, to
serve a notice of appearance, on the Plaintiff's attorney within twenty (20) days after the
service of this summons, exclusive of the date of service (or within thirty (30) days after
the service is complete ifthis summons is not personally delivered to you within the State
of New York); and in case of your failure to appear or answer, judgment will be taken
against you by default for the relief requested in the complaint.
Dated: White Plains, NY
December 23, 2020
THE STUTTMAN LAW GROUP, P.C.
Attorney for the Plaintiff
709 Westchester Avenue, Suite 300
White Plains, NY 10604
(914) 948-8392
Defendant address:
100 Stanley Dr.
New Britain CT 06053
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
-------------------------------------------- X Date Filed:
Index No.
ALLSTATE INDEMNITY COMPANY
A/S/O MELISSA DORIS,
Plaintiff,
VERIFIED
-against- COMPLAINT
STANLEY BLACK & DECKER, INC.
Defendant.
--------------------------------------------X
Plaintiff, ALLSTATE INDEMNITY COMPANY A/S/O MELISSA DORIS, by
its attorney, THE STUTTMAN LAW GROUP, P.C., as and for itscomplaint against the
defendant(s), STANLEY BLACK & DECKER, INC., alleges upon information and
belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
MTealigence).
1. At allrelevant times hereinafter mentioned, the plaintiff, ALLSTATE
INDEMNITY COMPANY A/S/O MELISSA DORIS was and is a foreign or domestic
corporation authorized to do business as an insurance coñrpany within the State of New
York with an office for the transaction of business located at 2775 Sanders Rd.,
Northbrook, IL 60062.
2. Upon information and belief, at all relevant times hereinafter mentioned,
defendant STANLEY BLACK & DECKER, INC., was and is a foreign or domestic
corporation with an office for the transaction of business located at 100 Stanley Dr. New
Britain CT 06053.
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3. At all relevant times hereinafter mentioned, the plaintiff insured Melissa
Doris (the "Insured") under a certain homeowner's insurance policy issued by the
plaintiff (the "Policy") covering the Insured's property at 8693 Bridgeport Kville Rd,
Kirkville, NY 13082 (the "Property").
4. Pursuant to the Policy, the plaintiff is entitled to claim and pursue
subrogation rights against third parties responsible for losses paid out under the Policy.
5. Upon information and belief, defendant is now, and at all times mentioned
in this complaint was, in the business of designing, manufacturing, constructing,
assembling, inspecting, and selling various types of electric tools and battery packs.
6. Prior to April 7, 2020, a Dewalt Drill Driver/Impact Combo Kit and
battery (the "Subject Product") that had previously been designed, manufactured,
constructed, assembled, inspected, and sold by defendant was sold to the Insured.
7. On April 7, 2020, the Subject Product failed to perform as it was intended,
causing fire damage to the Insured's Property. Upon information and belief the battery
contained within the Subject Product overheated and/or ignited causing the fire
8. At all times mentioned in this complaint, defendant so negligently and
carelessly designed, manufactured, constructed, assembled, inspected, and sold the
Subject Product that itwas dangerous and unsafe for its intended uses, and likely to fail
in itsintended uses.
9. The damage to the Insured's Property was a direct and proximate result of
the negligence and carelessness of defendant as described above.
10. As a result of the foregoing, the plaintiff has caused to be paid to,or on
behalf of its Insured the total amount of $79,023.73, including the Insured's deductible,
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for the damage to the Insured's Property, for which amount plaintiff now seeks judgment
against the defendant.
11. As of the date herein, the defendant has failed to pay any portion of the
sum of $79,023.73 owed to plaintiff, although duly demanded.
12. By reason of the foregoing, judgment should be entered in favor of the
plaintiff and against the defendant in the sum of $79,023.73 plus interest from April 7,
2020.
AS AND FOR A SECOND CAUSE OF ACTION
(Strict Products Liability)
13. Plaintiff incorporates by this reference all allegations contained in
Paragraphs 1 through 12 of this complaint, as though fully set forth herein.
14. At all times mentioned in this complaint, the Subject Product its
component parts were defective as to design, manufacture, and warnings, causing the
Subject Product and itscomponent parts to be in a dangerous and defective condition that
made them unsafe for their intended use and likely to fail in itsintended use.
15. The damage to the Insured's Property was a direct and proximate result of
the defective and dangerous condition of the Subject Product described above.
16. As a result of the foregoing, the plaintiff has caused to be paid to, or on
behalf of its Insured the total amount of $79,023.73, including the Insured's deductible,
for the damage to the Insured's Property, for which amount plaintiff now seeks judgment
against the defendant.
17. As of the date herein, the defendant has failed to pay any portion of the
sum of $79,023.73 owed to plaintiff, although duly demanded.
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18. By reason of the foregoing, judgment should be entered in favor of the
plaintiff and against the defendant in the sum of $79,023.73 plus interest from April 7,
2020.
AS AND FOR A THIRD CAUSE OF ACTION
(Breach of Warranty_1
19. Plaintiff incorporates by this reference all allegations contained in
Paragraphs 1 through 18 of this complaint, as though fully set forth herein.
20. At all times mentioned in this complaint, the defendant breached the
express and implied warranties of merchantability and fitness of the Subject Product for
itsintended use.
21. The damage to the Insured's Property was a direct and proximate result of
the failure of the Subject Product to perform as intended.
22. As a result of the foregoing, the plaintiff has caused to be paid to, or on
behalf of its Insured the total amount of $79,023.73, including the Insured's deductible,
for the damage to the Insured's Property, for which amount plaintiff now seeks judgment
against the defendant.
23. As of the date herein, the defendant has failed to pay any portion of the
sum of $79,023.73 owed to plaintiff, although duly demanded.
24. By reason of the foregoing, judgment should be entered in favor of the
plaintiff and against the defendant in the sum of $79,023.73 plus interest from April 7,
2020.
AS AND FOR A FOURTH CAUSE OF ACTION
(Product Malfunction)
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25. Plaintiff incorporates by this reference all allegations contained in
Paragraphs 1 through 24 of this complaint, as though fully set forth herein.
26. The product failure was of a kind that ordinarily does not occur in the
absence of a product defect and any defect most likely existed at the time the product left
the defendant's control, and was not the result of the reasonably possible causes not
attributable to the defendant.
27. As a result of the foregoing, the plaintiff has caused to be paid to, or on
behalf of its Insured the total amount of $79,023.73, including the Insured's deductible,
for the damage to the Insured's Property, for which amount plaintiff now seeks judgment
against the defendant.
28. As of the date herein, the defendant has failed to pay any portion of the
sum of $79,023.73 owed to plaintiff, although duly demanded.
29. By reason of the foregoing, judgment should be entered in favor of the
plaintiff and against the defendant in the sum of $79,023.73 plus interest from April 7,
2020.
WHEREFORE, plaintiff, ALLSTATE INDEMNITY COMPANY A/S/O
MELISSA DORIS, demands judgment against the defendant, STANLEY BLACK &
DECKER INC. , as follows:
1. On the first, second, third and fourth causes of action judgment in the sum of
$79,023.73 plus interest from April 7, 2020.
2. The costs and disbursements including reasonable attorney's fees; incurred by
the plaintiff in connection with this action.
3. Such other and further relief as this Court may deem just and proper.
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Dated: White Plains, New York
December 23, 2020
THE STUTTMAN LAW GROUP, P.C.
Attorneys for Plaintiff
709 Westchester Avenue, Suite 300
White Plains, NY 10604
(914) 948-8392
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VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF WESTCHESTER )
Joel S. Stuttman, being duly sworn, states that I am an attorney of The Stuttman
Law Group, P.C., the attorneys for Allstate Indemnity Companya/s/o Melissa Doris, the
plaintiff in this action, and that I have read the foregoing Summons and Verified
Complaint and the same is true to my own knowledge, except as to matters therein stated
to be alleged on information and belief and as to those matters, I believe them to be true.
The basis for my knowledge of any matters stated therein is my review of corporate
records and conversations with plaintiff's employee's and/or its agents. The reason I
make this verification is that the plaintiff is a foreign corporation, or is not in the county
where my law office is located.
Joel S. Stuttman
Sworn to before me this
3A day of 20
Janita a o
New
sa e of
Notar
05088078
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
---------------- ¬---------------X INDEX NO.:
ALLSTATE INDEMNITY COMPANY
A/S/O MELISSA DORIS
Plaintiff, CERTIFICATION
PURSUANT TO
-against- SEC. 130-1.1-a
STANLEY BLACK & DECKER INC.
Defendant.
------------------------------------------X
JOEL S. STUTTMAN, an attorney duly admitted to practice law in the courts of
the State of New York, and the attorney for the Plaintiff herein hereby certifies the
following, pursuant to Section 130-1.1-a of the Rules of the Chief Administrator
(22NYCRR):
That to the best of my knowledge, information and belief, formed after reasonable
inquiry under the circumstances, that the presentation of the following documents,
pleadings, motion or other papers filed with the Court or served upon my adversary are
non-frivolous as such term is defined in subsection (c) of section 130-1.1 of the Rules of
the Chief Administrator.
SUMMONS AND VERIFIED COMPLAINT
JOEL S. STUTTMAN
Dated: White Plains, New York
December 23, 2020
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
INDEX NO.:
ALLSTATE INDEMNITY COMPANY
A/S/O MELISSA DORIS
Plaintiff,
-against-
STANLEY BLACK & DECKER INC.
Defendant.
SUMMONS AND VERIFIED COMPLAINT
THE STUTTMAN LAW GROUP, P.C.
Attorneys for Plaintiff
709 Westchester Avenue, Suite 300
White Plains, NY 10604
(914) 948-8392
10 of 10
Preview
FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA Index No.: Date Filed: ALLSTATE INDEMNITY COMPANY A/S/O MELISSA DORIS SUMMONS Plaintiff, Plaintiff designates -against- Onondaga County as the Place of Trial STANLEY BLACK & DECKER, INC. The basis of venue is Defendant. the Defendant's residence or place of business and/or location of tort. To the above-named defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the date of service (or within thirty (30) days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief requested in the complaint. Dated: White Plains, NY December 23, 2020 THE STUTTMAN LAW GROUP, P.C. Attorney for the Plaintiff 709 Westchester Avenue, Suite 300 White Plains, NY 10604 (914) 948-8392 Defendant address: 100 Stanley Dr. New Britain CT 06053 1 of 10 FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA -------------------------------------------- X Date Filed: Index No. ALLSTATE INDEMNITY COMPANY A/S/O MELISSA DORIS, Plaintiff, VERIFIED -against- COMPLAINT STANLEY BLACK & DECKER, INC. Defendant. --------------------------------------------X Plaintiff, ALLSTATE INDEMNITY COMPANY A/S/O MELISSA DORIS, by its attorney, THE STUTTMAN LAW GROUP, P.C., as and for itscomplaint against the defendant(s), STANLEY BLACK & DECKER, INC., alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION MTealigence). 1. At allrelevant times hereinafter mentioned, the plaintiff, ALLSTATE INDEMNITY COMPANY A/S/O MELISSA DORIS was and is a foreign or domestic corporation authorized to do business as an insurance coñrpany within the State of New York with an office for the transaction of business located at 2775 Sanders Rd., Northbrook, IL 60062. 2. Upon information and belief, at all relevant times hereinafter mentioned, defendant STANLEY BLACK & DECKER, INC., was and is a foreign or domestic corporation with an office for the transaction of business located at 100 Stanley Dr. New Britain CT 06053. 2 of 10 FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 3. At all relevant times hereinafter mentioned, the plaintiff insured Melissa Doris (the "Insured") under a certain homeowner's insurance policy issued by the plaintiff (the "Policy") covering the Insured's property at 8693 Bridgeport Kville Rd, Kirkville, NY 13082 (the "Property"). 4. Pursuant to the Policy, the plaintiff is entitled to claim and pursue subrogation rights against third parties responsible for losses paid out under the Policy. 5. Upon information and belief, defendant is now, and at all times mentioned in this complaint was, in the business of designing, manufacturing, constructing, assembling, inspecting, and selling various types of electric tools and battery packs. 6. Prior to April 7, 2020, a Dewalt Drill Driver/Impact Combo Kit and battery (the "Subject Product") that had previously been designed, manufactured, constructed, assembled, inspected, and sold by defendant was sold to the Insured. 7. On April 7, 2020, the Subject Product failed to perform as it was intended, causing fire damage to the Insured's Property. Upon information and belief the battery contained within the Subject Product overheated and/or ignited causing the fire 8. At all times mentioned in this complaint, defendant so negligently and carelessly designed, manufactured, constructed, assembled, inspected, and sold the Subject Product that itwas dangerous and unsafe for its intended uses, and likely to fail in itsintended uses. 9. The damage to the Insured's Property was a direct and proximate result of the negligence and carelessness of defendant as described above. 10. As a result of the foregoing, the plaintiff has caused to be paid to,or on behalf of its Insured the total amount of $79,023.73, including the Insured's deductible, 3 of 10 FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 for the damage to the Insured's Property, for which amount plaintiff now seeks judgment against the defendant. 11. As of the date herein, the defendant has failed to pay any portion of the sum of $79,023.73 owed to plaintiff, although duly demanded. 12. By reason of the foregoing, judgment should be entered in favor of the plaintiff and against the defendant in the sum of $79,023.73 plus interest from April 7, 2020. AS AND FOR A SECOND CAUSE OF ACTION (Strict Products Liability) 13. Plaintiff incorporates by this reference all allegations contained in Paragraphs 1 through 12 of this complaint, as though fully set forth herein. 14. At all times mentioned in this complaint, the Subject Product its component parts were defective as to design, manufacture, and warnings, causing the Subject Product and itscomponent parts to be in a dangerous and defective condition that made them unsafe for their intended use and likely to fail in itsintended use. 15. The damage to the Insured's Property was a direct and proximate result of the defective and dangerous condition of the Subject Product described above. 16. As a result of the foregoing, the plaintiff has caused to be paid to, or on behalf of its Insured the total amount of $79,023.73, including the Insured's deductible, for the damage to the Insured's Property, for which amount plaintiff now seeks judgment against the defendant. 17. As of the date herein, the defendant has failed to pay any portion of the sum of $79,023.73 owed to plaintiff, although duly demanded. 4 of 10 FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 18. By reason of the foregoing, judgment should be entered in favor of the plaintiff and against the defendant in the sum of $79,023.73 plus interest from April 7, 2020. AS AND FOR A THIRD CAUSE OF ACTION (Breach of Warranty_1 19. Plaintiff incorporates by this reference all allegations contained in Paragraphs 1 through 18 of this complaint, as though fully set forth herein. 20. At all times mentioned in this complaint, the defendant breached the express and implied warranties of merchantability and fitness of the Subject Product for itsintended use. 21. The damage to the Insured's Property was a direct and proximate result of the failure of the Subject Product to perform as intended. 22. As a result of the foregoing, the plaintiff has caused to be paid to, or on behalf of its Insured the total amount of $79,023.73, including the Insured's deductible, for the damage to the Insured's Property, for which amount plaintiff now seeks judgment against the defendant. 23. As of the date herein, the defendant has failed to pay any portion of the sum of $79,023.73 owed to plaintiff, although duly demanded. 24. By reason of the foregoing, judgment should be entered in favor of the plaintiff and against the defendant in the sum of $79,023.73 plus interest from April 7, 2020. AS AND FOR A FOURTH CAUSE OF ACTION (Product Malfunction) 5 of 10 FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 25. Plaintiff incorporates by this reference all allegations contained in Paragraphs 1 through 24 of this complaint, as though fully set forth herein. 26. The product failure was of a kind that ordinarily does not occur in the absence of a product defect and any defect most likely existed at the time the product left the defendant's control, and was not the result of the reasonably possible causes not attributable to the defendant. 27. As a result of the foregoing, the plaintiff has caused to be paid to, or on behalf of its Insured the total amount of $79,023.73, including the Insured's deductible, for the damage to the Insured's Property, for which amount plaintiff now seeks judgment against the defendant. 28. As of the date herein, the defendant has failed to pay any portion of the sum of $79,023.73 owed to plaintiff, although duly demanded. 29. By reason of the foregoing, judgment should be entered in favor of the plaintiff and against the defendant in the sum of $79,023.73 plus interest from April 7, 2020. WHEREFORE, plaintiff, ALLSTATE INDEMNITY COMPANY A/S/O MELISSA DORIS, demands judgment against the defendant, STANLEY BLACK & DECKER INC. , as follows: 1. On the first, second, third and fourth causes of action judgment in the sum of $79,023.73 plus interest from April 7, 2020. 2. The costs and disbursements including reasonable attorney's fees; incurred by the plaintiff in connection with this action. 3. Such other and further relief as this Court may deem just and proper. 6 of 10 FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 Dated: White Plains, New York December 23, 2020 THE STUTTMAN LAW GROUP, P.C. Attorneys for Plaintiff 709 Westchester Avenue, Suite 300 White Plains, NY 10604 (914) 948-8392 7 of 10 FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF WESTCHESTER ) Joel S. Stuttman, being duly sworn, states that I am an attorney of The Stuttman Law Group, P.C., the attorneys for Allstate Indemnity Companya/s/o Melissa Doris, the plaintiff in this action, and that I have read the foregoing Summons and Verified Complaint and the same is true to my own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters, I believe them to be true. The basis for my knowledge of any matters stated therein is my review of corporate records and conversations with plaintiff's employee's and/or its agents. The reason I make this verification is that the plaintiff is a foreign corporation, or is not in the county where my law office is located. Joel S. Stuttman Sworn to before me this 3A day of 20 Janita a o New sa e of Notar 05088078 8 of 10 FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA ---------------- ¬---------------X INDEX NO.: ALLSTATE INDEMNITY COMPANY A/S/O MELISSA DORIS Plaintiff, CERTIFICATION PURSUANT TO -against- SEC. 130-1.1-a STANLEY BLACK & DECKER INC. Defendant. ------------------------------------------X JOEL S. STUTTMAN, an attorney duly admitted to practice law in the courts of the State of New York, and the attorney for the Plaintiff herein hereby certifies the following, pursuant to Section 130-1.1-a of the Rules of the Chief Administrator (22NYCRR): That to the best of my knowledge, information and belief, formed after reasonable inquiry under the circumstances, that the presentation of the following documents, pleadings, motion or other papers filed with the Court or served upon my adversary are non-frivolous as such term is defined in subsection (c) of section 130-1.1 of the Rules of the Chief Administrator. SUMMONS AND VERIFIED COMPLAINT JOEL S. STUTTMAN Dated: White Plains, New York December 23, 2020 9 of 10 FILED: ONONDAGA COUNTY CLERK 12/23/2020 10:37 AM INDEX NO. 008757/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA INDEX NO.: ALLSTATE INDEMNITY COMPANY A/S/O MELISSA DORIS Plaintiff, -against- STANLEY BLACK & DECKER INC. Defendant. SUMMONS AND VERIFIED COMPLAINT THE STUTTMAN LAW GROUP, P.C. Attorneys for Plaintiff 709 Westchester Avenue, Suite 300 White Plains, NY 10604 (914) 948-8392 10 of 10