Preview
FILED: ROCKLAND COUNTY CLERK 08/30/2021 10:34 AM INDEX NO. 035079/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF WESTCHESTER
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SELECTIVE CASUALTY INSURANCE COMPANY INDEX No:
AS SUBROGEE OF DECOCRETE, LLC.
Plaintiff
SUMMONS
-against-
MA&B TRANSPORTATION LLC, MEDCO, LLC,
CIRILO RODRIGUEZ, C&D RODRIGUEZ
CONSTRUCTION, INC., JULIO A. PEREZ
Defendants.
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TO THE ABOVE NAMED DEFENDANTS:
MA&B TRANSPORTATION, LLC MEDCO, LLC
600 Union Ave 157 Tibbetts Road
Hillside, NJ 07205 Yonkers, NY 10705
CIRILO RODRIGUEZ C&D RODRIGUEZ CONSTRUCTION, INC.
150 Cortlandt Street 145 Cortlandt Street
Sleepy Hollow, NY 10591 Sleepy Hollow, NY 10591
JULIO A. PEREZ
649 Monroe Avenue
Elizabeth, NJ 07201
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy
of your answer, or, if the complaint was not served with this summons, to serve a notice of
appearance, on the Plaintiff’s Attorney 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 case of your failure to appear
or answer, judgment will be taken against you by default for the relief demanded in the complaint.
LAW OFFICE OF STEVEN A. KLUXEN
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Attorneys for Plaintiff
200 Clocktower Drive, Suite 101A
Hamilton, NJ 08690
46 Court Street, Suite 600
Buffalo, NY 14202
609-890-4625
BY: ___________________________________
JOSEPH C. BEVIS, III, ESQ.
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STATE OF NEW YORK
SUPREME COURT: COUNTY OF ROCKLAND
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SELECTIVE CASUALTY INSURANCE COMPANY
AS SUBROGEE OF DECOCRETE, LLC COMPLAINT
Plaintiff Plaintiff ’s Subrogor Principal
Office:
-against- 13 Mako Court
South River, NJ
MA&B TRANSPORTATION LLC, MEDCO, LLC,
CIRILO RODRIGUEZ, C&D RODRIGUEZ The basis of venue is:
CONSTRUCTION, INC., JULIO A. PEREZ Defendants’ Locations and
. Location of the Subject
Transaction
Defendants.
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Plaintiff, by attorneys, LAW OFFICE OF STEVEN A. KLUXEN, as and for the Complaint, herein
allege the following:
PARTIES
1. That at all times hereinafter mentioned, the plaintiff Selective Casualty Insurance Company
as subrogee of Decocrete, LLC (Selective) was and still is a Corporation with a principle place of
business located at 40 Wantage Avenue, Branchville, New Jersey.
2. That at all times hereinafter mentioned, Selective was authorized to do business in the State
of New York, and is authorized to sell policies of insurance.
3. Selective brings this action on behalf of its insured, Decocrete, LLC, a business entity with
an address of 13 Mako Court, South River, New Jersey.
4. That at all times hereinafter mentioned, the defendant MA&B Transportation, LLC is a
company which maintains an address of 600 Union Avenue, Hillside, NJ 07205, but which has
conducted and/or transacted the business at issue in the County of Westchester, County of New
York.
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5. That at all times hereinafter mentioned, based on information and belief, the defendant
Medco, LLC, is a company which maintains an address of 157 Tibbetts Road, Yonkers, New
York 10705.
6. That at all times hereinafter mentioned, based on information and belief, the defendant
Cirilo Rodriguez is an adult individual with an address of 150 Cortlandt Street, Sleepy Hollow,
NY 10591.
7. That at all times hereinafter mentioned, based on information and belief, the defendant
C&D Rodriguez Construction, Inc. is a company with an address of 145 Cortlandt Street, Sleepy
Hollow, NY 10591
8. That at all times hereinafter mentioned, the defendant Julio A. Perez is an adult individual
with an address of 649 Monroe Avenue, Elizabeth, New Jersey 07201 but who has conducted
and/or transacted the business at issue in the County of Westchester, County of New York.
FIRST CAUSE OF ACTION
9. On or about February 21, 2020 Decocrete, LLC was the owner of certain personal property
situated at Cranbury, NJ.
10. Specifically, Decocrete had a 2018 Caterpillar 259D SN with VIN CAT0259DCFTL19754,
(“the Equipment”) stored and locked at a jobsite in Cranbury, NJ.
11. Based upon information and belief, Defendant MA&B Transportation, LLC came into
possession of the Equipment despite there not being a valid bill of sale and/or title for same.
12. Based on information and belief, despite this lack of valid title and bill of sale for the
Equipment, Defendant MA&B Transportation, LLC took possession.
13. Based on information and belief Defendant MA&B Transportation, LLC then contacted
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defendants Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and/or Julio A. Perez regarding
this improperly possessed Equipment.
14. Based on information and belief, Defendants MA&B Transportation, LLC, Cirilo
Rodriguez, C&D Rodriguez Construction, Inc. and/or Julio A. Perez brought the equipment from
New Jersey into New York, Westchester County.
15. Defendants MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction,
Inc. and/or Julio A. Perez did not have the right to possess, control, use, or dispose of the
Equipment.
16. Defendants MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction,
Inc. and/or Julio A. Perez knew they did not have the right to possess, use or dispose of the Equipment.
17. Defendants MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction,
Inc. and/or Julio A. Perez took their actions with wanton and reckless disregard of Decocrete, LLC’s
rights.
18. As a result of the above conduct, Decorcrete was damaged.
19. Decocrete made a claim to Selective for the Equipment being stolen pursuant to the terms
of the policy.
20. Selective paid its insured for the equipment, thereby becoming subrogated to the rights and
obligations of its insured for the total value of the Equipment totaling $54,745.98.
21. That by reason of the foregoing, this plaintiff, Selective was damaged in an amount which
exceeds the jurisdictional limits of all lower courts lower courts which would have jurisdiction of
this matter.
SECOND CAUSE OF ACTION
22. Plaintiff Selective Casualty Insurance Company as subrogee of Decocrete, LLC repeats
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paragraphs 1 through 21 as though stated at length herein.
23. Despite having improper title, based on information and belief, defendants MA&B
Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and/or Julio A. Perez
then contacted, defendant Medco, LLC, to quickly purchase the Equipment.
24. Based on information and belief, Defendant Medco, LLC purchased the Equipment from
defendants MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction, Inc.
and Julio A. Perez.
25. Based on information and belief, Defendant Medco, LLC continues to hold and possess
the Equipment of Decocrete, LLC.
26. Based on information and belief, Defendant Medco, LLC from February 19, 2020 to the
present has been in and still is in possession and control of the Equipment and has converted the
Equipment to its control and use, to Decocrete LLC’s and Selective’s detriment and loss.
27. Defendant Medco, LLC refused and continues to refuse to return the Equipment to Decocrete
LLC and/or Selective, although demand was duly made
28. By reason of the above, Decocrete made a claim to Selective for the Equipment pursuant to
the terms of the policy.
29. Selective paid its insured for the equipment, thereby becoming subrogated to the rights and
obligations of its insured for the total value of the Equipment totaling $54,745.98.
30. That by reason of the foregoing, this plaintiff, Selective was damaged in an amount which
exceeds the jurisdictional limits of all lower courts lower courts which would have jurisdiction of this
matter.
THIRD CASE OF ACTION
31. Plaintiff Selective Casualty Insurance Company as subrogee of Decocrete, LLC repeats
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paragraphs 1 through 30 as though stated at length herein.
32. It became known to Defendant Medco LLC that the conversion of the Equipment was without
legal jurisdiction.
33. Defendant Medco, LLC’s actions were taken with wanton and reckless disregard to the rights
of Decocrete, LLC and/or Selective.
34. By reason of the above, defendant Medco, LLC should be made to pay the Plaintiff damages
totaling $54,745.98, as well as punitive damages.
FOURTH CAUSE OF ACTION
35. Plaintiff Selective Casualty Insurance Company as subrogee of Decocrete, LLC repeats
paragraphs 1 through 34 as though stated at length herein.
36. At all times relevant, Decocrete, LLC and/or Selective was and is entitled to the immediate
possession of the Equipment.
37. The defendant Medco, LLC is in possession of the Equipment and has and continues to
wrongfully detain same from Decocrete, LLC and/or Selective.
38. Plaintiff Selective and Decocrete, LLC made demand the defendant Medco, LLC return the
Equipment, but defendant Medco, LLC refused and still refuses to deliver same to Plaintiff and/or
Decocrete, LLC.
39. The value of the Equipment is $54,745.98.
WHEREFORE, Plaintiff Selective Casualty Insurance Company as subrogee of Decocrete, LLC
demands judgment in their favor and against Defendants Medco, LLC, MA&B Transportation, LLC,
Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and Julio A. Perez, as follows:
a. On the cause of action for replevin, awarding possession of the Equipment identified
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to plaintiff and directing delivery of the Equipment to plaintiff; and
b. On the cause of action for conversion, for a monetary judgment against defendants in
sum reflecting the Equipment value and reasonable attorney’s fees.
Yours, etc.,
LAW OFFICE OF STEVEN A. KLUXEN
Attorneys for Plaintiff
200 Clocktower Drive, Suite 101A
Hamilton, NJ 08690
46 Court Street, Suite 600
Buffalo, NY 14202
BY: ___________________________________
JOSEPH C. BEVIS, III, ESQ.
TO: MA&B TRANSPORTATION, LLC
600 Union Ave
Hillside, NJ 07205
MEDCO, LLC
157 Tibbetts Road
Yonkers, NY 10705
CIRILO RODRIGUEZ
150 Cortlandt Street
Sleepy Hollow, NY 10591
C&D RODRIGUEZ CONSTRUCTION, INC.
145 Cortlandt Street
Sleepy Hollow, NY 10591
JULIO A. PEREZ
649 Monroe Avenue
Elizabeth, NJ 07201
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Preview
FILED: ROCKLAND COUNTY CLERK 08/30/2021 10:34 AM INDEX NO. 035079/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF WESTCHESTER ------------------------------------------------------------------x SELECTIVE CASUALTY INSURANCE COMPANY INDEX No: AS SUBROGEE OF DECOCRETE, LLC. Plaintiff SUMMONS -against- MA&B TRANSPORTATION LLC, MEDCO, LLC, CIRILO RODRIGUEZ, C&D RODRIGUEZ CONSTRUCTION, INC., JULIO A. PEREZ Defendants. ------------------------------------------------------------------x TO THE ABOVE NAMED DEFENDANTS: MA&B TRANSPORTATION, LLC MEDCO, LLC 600 Union Ave 157 Tibbetts Road Hillside, NJ 07205 Yonkers, NY 10705 CIRILO RODRIGUEZ C&D RODRIGUEZ CONSTRUCTION, INC. 150 Cortlandt Street 145 Cortlandt Street Sleepy Hollow, NY 10591 Sleepy Hollow, NY 10591 JULIO A. PEREZ 649 Monroe Avenue Elizabeth, NJ 07201 YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint was not served with this summons, to serve a notice of appearance, on the Plaintiff’s Attorney 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 case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. LAW OFFICE OF STEVEN A. KLUXEN 1 of 8 FILED: ROCKLAND COUNTY CLERK 08/30/2021 10:34 AM INDEX NO. 035079/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2021 Attorneys for Plaintiff 200 Clocktower Drive, Suite 101A Hamilton, NJ 08690 46 Court Street, Suite 600 Buffalo, NY 14202 609-890-4625 BY: ___________________________________ JOSEPH C. BEVIS, III, ESQ. 2 of 8 FILED: ROCKLAND COUNTY CLERK 08/30/2021 10:34 AM INDEX NO. 035079/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF ROCKLAND ------------------------------------------------------------------x Index No.: SELECTIVE CASUALTY INSURANCE COMPANY AS SUBROGEE OF DECOCRETE, LLC COMPLAINT Plaintiff Plaintiff ’s Subrogor Principal Office: -against- 13 Mako Court South River, NJ MA&B TRANSPORTATION LLC, MEDCO, LLC, CIRILO RODRIGUEZ, C&D RODRIGUEZ The basis of venue is: CONSTRUCTION, INC., JULIO A. PEREZ Defendants’ Locations and . Location of the Subject Transaction Defendants. ------------------------------------------------------------------x Plaintiff, by attorneys, LAW OFFICE OF STEVEN A. KLUXEN, as and for the Complaint, herein allege the following: PARTIES 1. That at all times hereinafter mentioned, the plaintiff Selective Casualty Insurance Company as subrogee of Decocrete, LLC (Selective) was and still is a Corporation with a principle place of business located at 40 Wantage Avenue, Branchville, New Jersey. 2. That at all times hereinafter mentioned, Selective was authorized to do business in the State of New York, and is authorized to sell policies of insurance. 3. Selective brings this action on behalf of its insured, Decocrete, LLC, a business entity with an address of 13 Mako Court, South River, New Jersey. 4. That at all times hereinafter mentioned, the defendant MA&B Transportation, LLC is a company which maintains an address of 600 Union Avenue, Hillside, NJ 07205, but which has conducted and/or transacted the business at issue in the County of Westchester, County of New York. 3 of 8 FILED: ROCKLAND COUNTY CLERK 08/30/2021 10:34 AM INDEX NO. 035079/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2021 5. That at all times hereinafter mentioned, based on information and belief, the defendant Medco, LLC, is a company which maintains an address of 157 Tibbetts Road, Yonkers, New York 10705. 6. That at all times hereinafter mentioned, based on information and belief, the defendant Cirilo Rodriguez is an adult individual with an address of 150 Cortlandt Street, Sleepy Hollow, NY 10591. 7. That at all times hereinafter mentioned, based on information and belief, the defendant C&D Rodriguez Construction, Inc. is a company with an address of 145 Cortlandt Street, Sleepy Hollow, NY 10591 8. That at all times hereinafter mentioned, the defendant Julio A. Perez is an adult individual with an address of 649 Monroe Avenue, Elizabeth, New Jersey 07201 but who has conducted and/or transacted the business at issue in the County of Westchester, County of New York. FIRST CAUSE OF ACTION 9. On or about February 21, 2020 Decocrete, LLC was the owner of certain personal property situated at Cranbury, NJ. 10. Specifically, Decocrete had a 2018 Caterpillar 259D SN with VIN CAT0259DCFTL19754, (“the Equipment”) stored and locked at a jobsite in Cranbury, NJ. 11. Based upon information and belief, Defendant MA&B Transportation, LLC came into possession of the Equipment despite there not being a valid bill of sale and/or title for same. 12. Based on information and belief, despite this lack of valid title and bill of sale for the Equipment, Defendant MA&B Transportation, LLC took possession. 13. Based on information and belief Defendant MA&B Transportation, LLC then contacted 4 of 8 FILED: ROCKLAND COUNTY CLERK 08/30/2021 10:34 AM INDEX NO. 035079/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2021 defendants Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and/or Julio A. Perez regarding this improperly possessed Equipment. 14. Based on information and belief, Defendants MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and/or Julio A. Perez brought the equipment from New Jersey into New York, Westchester County. 15. Defendants MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and/or Julio A. Perez did not have the right to possess, control, use, or dispose of the Equipment. 16. Defendants MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and/or Julio A. Perez knew they did not have the right to possess, use or dispose of the Equipment. 17. Defendants MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and/or Julio A. Perez took their actions with wanton and reckless disregard of Decocrete, LLC’s rights. 18. As a result of the above conduct, Decorcrete was damaged. 19. Decocrete made a claim to Selective for the Equipment being stolen pursuant to the terms of the policy. 20. Selective paid its insured for the equipment, thereby becoming subrogated to the rights and obligations of its insured for the total value of the Equipment totaling $54,745.98. 21. That by reason of the foregoing, this plaintiff, Selective was damaged in an amount which exceeds the jurisdictional limits of all lower courts lower courts which would have jurisdiction of this matter. SECOND CAUSE OF ACTION 22. Plaintiff Selective Casualty Insurance Company as subrogee of Decocrete, LLC repeats 5 of 8 FILED: ROCKLAND COUNTY CLERK 08/30/2021 10:34 AM INDEX NO. 035079/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2021 paragraphs 1 through 21 as though stated at length herein. 23. Despite having improper title, based on information and belief, defendants MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and/or Julio A. Perez then contacted, defendant Medco, LLC, to quickly purchase the Equipment. 24. Based on information and belief, Defendant Medco, LLC purchased the Equipment from defendants MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and Julio A. Perez. 25. Based on information and belief, Defendant Medco, LLC continues to hold and possess the Equipment of Decocrete, LLC. 26. Based on information and belief, Defendant Medco, LLC from February 19, 2020 to the present has been in and still is in possession and control of the Equipment and has converted the Equipment to its control and use, to Decocrete LLC’s and Selective’s detriment and loss. 27. Defendant Medco, LLC refused and continues to refuse to return the Equipment to Decocrete LLC and/or Selective, although demand was duly made 28. By reason of the above, Decocrete made a claim to Selective for the Equipment pursuant to the terms of the policy. 29. Selective paid its insured for the equipment, thereby becoming subrogated to the rights and obligations of its insured for the total value of the Equipment totaling $54,745.98. 30. That by reason of the foregoing, this plaintiff, Selective was damaged in an amount which exceeds the jurisdictional limits of all lower courts lower courts which would have jurisdiction of this matter. THIRD CASE OF ACTION 31. Plaintiff Selective Casualty Insurance Company as subrogee of Decocrete, LLC repeats 6 of 8 FILED: ROCKLAND COUNTY CLERK 08/30/2021 10:34 AM INDEX NO. 035079/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2021 paragraphs 1 through 30 as though stated at length herein. 32. It became known to Defendant Medco LLC that the conversion of the Equipment was without legal jurisdiction. 33. Defendant Medco, LLC’s actions were taken with wanton and reckless disregard to the rights of Decocrete, LLC and/or Selective. 34. By reason of the above, defendant Medco, LLC should be made to pay the Plaintiff damages totaling $54,745.98, as well as punitive damages. FOURTH CAUSE OF ACTION 35. Plaintiff Selective Casualty Insurance Company as subrogee of Decocrete, LLC repeats paragraphs 1 through 34 as though stated at length herein. 36. At all times relevant, Decocrete, LLC and/or Selective was and is entitled to the immediate possession of the Equipment. 37. The defendant Medco, LLC is in possession of the Equipment and has and continues to wrongfully detain same from Decocrete, LLC and/or Selective. 38. Plaintiff Selective and Decocrete, LLC made demand the defendant Medco, LLC return the Equipment, but defendant Medco, LLC refused and still refuses to deliver same to Plaintiff and/or Decocrete, LLC. 39. The value of the Equipment is $54,745.98. WHEREFORE, Plaintiff Selective Casualty Insurance Company as subrogee of Decocrete, LLC demands judgment in their favor and against Defendants Medco, LLC, MA&B Transportation, LLC, Cirilo Rodriguez, C&D Rodriguez Construction, Inc. and Julio A. Perez, as follows: a. On the cause of action for replevin, awarding possession of the Equipment identified 7 of 8 FILED: ROCKLAND COUNTY CLERK 08/30/2021 10:34 AM INDEX NO. 035079/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2021 to plaintiff and directing delivery of the Equipment to plaintiff; and b. On the cause of action for conversion, for a monetary judgment against defendants in sum reflecting the Equipment value and reasonable attorney’s fees. Yours, etc., LAW OFFICE OF STEVEN A. KLUXEN Attorneys for Plaintiff 200 Clocktower Drive, Suite 101A Hamilton, NJ 08690 46 Court Street, Suite 600 Buffalo, NY 14202 BY: ___________________________________ JOSEPH C. BEVIS, III, ESQ. TO: MA&B TRANSPORTATION, LLC 600 Union Ave Hillside, NJ 07205 MEDCO, LLC 157 Tibbetts Road Yonkers, NY 10705 CIRILO RODRIGUEZ 150 Cortlandt Street Sleepy Hollow, NY 10591 C&D RODRIGUEZ CONSTRUCTION, INC. 145 Cortlandt Street Sleepy Hollow, NY 10591 JULIO A. PEREZ 649 Monroe Avenue Elizabeth, NJ 07201 8 of 8