Preview
FILED: KINGS COUNTY CLERK 03/11/2022 11:53 AM INDEX NO. 507250/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.:
MANUEL JESUS YANZA BONILLA,
SUMMONS
Plaintiff,
-agamst-
Plaintiff(s) designate(s) KINGS
County as the place of trial.
RAFAEL FRIEDMAN,
The basis of the venue is Plaintiff's
Defendant.
residence.
To the above named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in their action and
to serve a copy of your answer, or, if the complaint is not served with their summons, to serve a
notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the service of the
summons, exclusive of the day of service (or within 30 days after the service is complete if the
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.
Dated: New York, New York
March 8, 2022
Steven R. Payne, Esq.
GINARTE GALLARDO
GONZALEZ WINOGRAD, LLP
Attorneys for Plaintiff
MANUEL JESUS YANZA BONILLA
The Woolworth Building
233 - 24th Floor
Broadway
New York, New York 10279
(212) 601-9700
RAFAEL FRIEDMAN
618t
1929 Street
Brooklyn, New York 11204
Gimle0alfalo
Gmie gade
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__________________________________________Ç
MANUEL JESUS YANZA BONILLA, Index No.:
Plaintiff,
VERIFIED COMPLAINT
-against-
RAFAEL FRIEDMAN,
Defendant.
_______________.._____________________Ç
Plaintiff MANUEL JESUS YANZA BONILLA, by his attorneys, GINARTE
GALLARDO GONZALEZ WINOGRAD, LLP., as and for a Complaint against the Defendant,
alleges upon information and belief as follows:
1. At all times hereinafter mentioned, Plaintiff MANUEL JESUS YANZA
15
BONILLA, resided at 890 Glenmore Avenue floor in Brooklyn 11208.
2. At all times hereinafter mentioned, Defendant RAFAEL FRIEDMAN
61"
resided at 1929 Street in Brooklyn 11204.
3. At all times hereinafter mentioned, Defendant RAFAEL FRIEDMAN
61"
was a the owner of 1929 Street, Brooklyn New York 11204. (hereinafter "the subject
property").
4. That on or about November 19, 2019, (hereinafter "the date of the
accident") construction work was being done at the subject property.
5. On the date of the accident, Plaintiff was engaged in working at the at the
subject premises.
6. At all times herein mentioned, Defendant was fully responsible for the
Cotrá7Winesdig
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safety of all laborers on the aforesaid project.
7, At all times herein mentioned, Defendant was fully responsible for the
safety of the plaintiff on the aforesaid project.
8. At all times herein mentioned, Defendant was fully responsible for the full
compliance with all federal, state and local statutes, rules and regulations and all construction
industry standards relating to the safety of persons and the conduct of the work at the aforesaid
project.
9. At all times hereinafter mentioned Defendant controlled and directed the
construction work being done at the subject premises.
10. That Plaintiff sustained a fall from an elevated work platform on the date
of the accident while performing his job duties.
11. The accident was caused by the negligence, carelessness and violations of
the Labor Laws of State of New York, including, but not limited to §200, 240 and §241(6) by the
Defendant its agents, servants, employees, and/or licensees including contractors and
subcontractors performing work at the subject location at the time of the accident and prior
thereto, and in failing to provide Plaintiff with a safe place to work; in causing and/or permitting
unsafe conditions to exist at the aforementioned construction/work site which constituted a
danger, nuisance and menace to the safety of the Plaintiff; in causing and permitting hazardous
and dangerous conditions to exist in violations of the law, and in failing to take those steps and
measures necessary to protect the life of the Plaintiff in causing the Plaintiff to work and be
employed in a hazardous place, under dangerous circumstances without the benefit of adequate
and appropriate protection for his safety and welfare; in failing to construct, assure, equip, place,
guard, arrange and/or maintain the construction/work site and the equipment thereat so as to give
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proper protection to the Plaintiff; in causing and allowing the Plaintiff to fall from an elevated
work platform at the work site thereby sustaining serious and severe injuries; in failing to inspect
and/or properly inspect the work site to see that it was safe and proper; in failing to provide
Plaintiff proper protection and with a safe place to work.
12. The aforesaid acts and injuries to Plaintiff were caused solely by the
negligence of the Defendant without any negligence on the part of the Plaintiff contributing
thereto.
WHEREFORE, plaintiff demands judgment against the Defendant in the sum in
excess of the jurisdictional limit of this court and for costs and disbursements of this action.
Dated: New York, New York
March 8, 2022
STEVEN R. PAYNE, ESQ.
GINARTE GALLARDO
GONZALEZ, WINOGRAD, LLP.
233 Broadway 24th Floor
New York, New York 10007
(212) 601-9700
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ATTORNEY VERIFICATION
STEVEN R. PAYNE, ESQ., an attorney admitted to practice in the Courts of New York
State, states:
Affirmant is an attorney with the law firm of GINARTE GALLARDO GONZALEZ
WINOGRAD, LLP, attorneys of record for the Plaintiff in the within action. Affirmant has read
the foregoing VERIFIED COMPLAINT and knows the contents thereof; the same is true to
affirmants own knowledge, except as to the matters therein stated to be alleged on information
and belief, and that as to those matters, affirmant believes it to be true.
This verification is made by affirmant and not by Plaintiff, for the reason that Plaintiff's
residence is not in the county where affirmant maintains his office.
The ground of affirmant's belief as to all matters not stated upon affirmant's knowledge
are as follows: information furnished by Plaintiff and counsel's investigation.
The undersigned affirms that the foregoing statements are true, under the penalties of perjury.
Dated: New York, New York
March 8, 2022
STEVEN R. PAYNE
GiýGMo
CondaWimed
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Preview
FILED: KINGS COUNTY CLERK 03/11/2022 11:53 AM INDEX NO. 507250/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: MANUEL JESUS YANZA BONILLA, SUMMONS Plaintiff, -agamst- Plaintiff(s) designate(s) KINGS County as the place of trial. RAFAEL FRIEDMAN, The basis of the venue is Plaintiff's Defendant. residence. To the above named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in their action and to serve a copy of your answer, or, if the complaint is not served with their summons, to serve a notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the service of the summons, exclusive of the day of service (or within 30 days after the service is complete if the 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. Dated: New York, New York March 8, 2022 Steven R. Payne, Esq. GINARTE GALLARDO GONZALEZ WINOGRAD, LLP Attorneys for Plaintiff MANUEL JESUS YANZA BONILLA The Woolworth Building 233 - 24th Floor Broadway New York, New York 10279 (212) 601-9700 RAFAEL FRIEDMAN 618t 1929 Street Brooklyn, New York 11204 Gimle0alfalo Gmie gade 1 of 5 FILED: KINGS COUNTY CLERK 03/11/2022 11:53 AM INDEX NO. 507250/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __________________________________________Ç MANUEL JESUS YANZA BONILLA, Index No.: Plaintiff, VERIFIED COMPLAINT -against- RAFAEL FRIEDMAN, Defendant. _______________.._____________________Ç Plaintiff MANUEL JESUS YANZA BONILLA, by his attorneys, GINARTE GALLARDO GONZALEZ WINOGRAD, LLP., as and for a Complaint against the Defendant, alleges upon information and belief as follows: 1. At all times hereinafter mentioned, Plaintiff MANUEL JESUS YANZA 15 BONILLA, resided at 890 Glenmore Avenue floor in Brooklyn 11208. 2. At all times hereinafter mentioned, Defendant RAFAEL FRIEDMAN 61" resided at 1929 Street in Brooklyn 11204. 3. At all times hereinafter mentioned, Defendant RAFAEL FRIEDMAN 61" was a the owner of 1929 Street, Brooklyn New York 11204. (hereinafter "the subject property"). 4. That on or about November 19, 2019, (hereinafter "the date of the accident") construction work was being done at the subject property. 5. On the date of the accident, Plaintiff was engaged in working at the at the subject premises. 6. At all times herein mentioned, Defendant was fully responsible for the Cotrá7Winesdig 2 of 5 FILED: KINGS COUNTY CLERK 03/11/2022 11:53 AM INDEX NO. 507250/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2022 safety of all laborers on the aforesaid project. 7, At all times herein mentioned, Defendant was fully responsible for the safety of the plaintiff on the aforesaid project. 8. At all times herein mentioned, Defendant was fully responsible for the full compliance with all federal, state and local statutes, rules and regulations and all construction industry standards relating to the safety of persons and the conduct of the work at the aforesaid project. 9. At all times hereinafter mentioned Defendant controlled and directed the construction work being done at the subject premises. 10. That Plaintiff sustained a fall from an elevated work platform on the date of the accident while performing his job duties. 11. The accident was caused by the negligence, carelessness and violations of the Labor Laws of State of New York, including, but not limited to §200, 240 and §241(6) by the Defendant its agents, servants, employees, and/or licensees including contractors and subcontractors performing work at the subject location at the time of the accident and prior thereto, and in failing to provide Plaintiff with a safe place to work; in causing and/or permitting unsafe conditions to exist at the aforementioned construction/work site which constituted a danger, nuisance and menace to the safety of the Plaintiff; in causing and permitting hazardous and dangerous conditions to exist in violations of the law, and in failing to take those steps and measures necessary to protect the life of the Plaintiff in causing the Plaintiff to work and be employed in a hazardous place, under dangerous circumstances without the benefit of adequate and appropriate protection for his safety and welfare; in failing to construct, assure, equip, place, guard, arrange and/or maintain the construction/work site and the equipment thereat so as to give 3 of 5 FILED: KINGS COUNTY CLERK 03/11/2022 11:53 AM INDEX NO. 507250/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2022 proper protection to the Plaintiff; in causing and allowing the Plaintiff to fall from an elevated work platform at the work site thereby sustaining serious and severe injuries; in failing to inspect and/or properly inspect the work site to see that it was safe and proper; in failing to provide Plaintiff proper protection and with a safe place to work. 12. The aforesaid acts and injuries to Plaintiff were caused solely by the negligence of the Defendant without any negligence on the part of the Plaintiff contributing thereto. WHEREFORE, plaintiff demands judgment against the Defendant in the sum in excess of the jurisdictional limit of this court and for costs and disbursements of this action. Dated: New York, New York March 8, 2022 STEVEN R. PAYNE, ESQ. GINARTE GALLARDO GONZALEZ, WINOGRAD, LLP. 233 Broadway 24th Floor New York, New York 10007 (212) 601-9700 4 of 5 FILED: KINGS COUNTY CLERK 03/11/2022 11:53 AM INDEX NO. 507250/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2022 ATTORNEY VERIFICATION STEVEN R. PAYNE, ESQ., an attorney admitted to practice in the Courts of New York State, states: Affirmant is an attorney with the law firm of GINARTE GALLARDO GONZALEZ WINOGRAD, LLP, attorneys of record for the Plaintiff in the within action. Affirmant has read the foregoing VERIFIED COMPLAINT and knows the contents thereof; the same is true to affirmants own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, affirmant believes it to be true. This verification is made by affirmant and not by Plaintiff, for the reason that Plaintiff's residence is not in the county where affirmant maintains his office. The ground of affirmant's belief as to all matters not stated upon affirmant's knowledge are as follows: information furnished by Plaintiff and counsel's investigation. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York March 8, 2022 STEVEN R. PAYNE GiýGMo CondaWimed 5 of 5