Preview
FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018
SUPREME COURT OF THE STATE OF NEW YORK SUMMONS
COUNTY OF KINGS
Index No.:
______..__ _ __ _ _______ _ _ _ ____________----------------X
Date Purchased:
ANTONIO ESPINOSA,
Plaintiff designates Kings
Plaintiff, as the place of trial.
County
-against-
The basis of venue is:
Plaintiff's Residence
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, Plaintiff resides at:
INC., 1732 West 1st Street
Brooklyn, NY 11223
Defendants.
County of Kings
-------------------------------------------------------------------X X
To the above named Defendant(s)
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 Plaintiffs attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or, within 30 days after completion of service where service is made in any other manner.
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: Bronx, New York
July 26, 2018
'
ES Y, Q.
ORESK & ASSOCIATES, PLLC
Attorne for Plaintiff
NT IO ESPINOSA
149 East 149th Street
Bronx, New York 10451
(718) 993-9999
Our File No. 18-1005
j.
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TO: MAC 60 LLC
2nd
3004 Avenue L, FlOOr
Brooklyn, NY 11210
ROYAL HOME IMPROVEMENTS, INC.
2nd
3004 Avenue L, FlOOT
Brooklyn, NY 11210
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______________________________--------------------------------------------X —
ANTONIO ESP1NOSA,
VERIFIED COMPLAINT
Plaintiff,
Index No.:
-against-
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS,
INC.,
Defendants.
___________________________________---------------------------------------X
Plaintiff, by his attorneys, ORESKY & ASSOCIATES, PLLC, complaining of the
Defendants, respectfully alleges, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF ANTONIO ESPINOSA
1. That at all times herein mentioned, Plaintiff was, and still is, a resident of the County of
Kings, State of New York.
2. That this action falls within one or more of the exceptions set forth in CPLR §1602.
3. That at all times herein mentioned, Defendant, MAC 60 LLC, was and still is a domestic
limited liability company duly organized and existing under and by virtue of the laws of the
State of New York.
4. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was and still is a domestic business corporation duly organized and existing under and by
virtue of the laws of the State of New York.
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5. That at all times herein mentioned, Defendant, MAC 60 LLC, owned a building and
structure located at 2357 60th Street, Brooklyn, New York 11204.
6. That at all times herein mentioned, Defendant, MAC 60 LLC, was the lessor or lessee of a
building and structure located at 2357 60th Street, Brooklyn, New York 11204.
7. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was the lessor or lessee of a building and structure located at .
8. That at all times herein mentioned Defendant, MAC 60 LLC, operated the aforesaid
building and premises.
9. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
operated the aforesaid building and premises.
10. That at all times herein mentioned, Defendant, MAC 60 LLC, maintained the aforesaid
building and premises.
11. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
maintained the aforesaid building and premises.
12. That at all times herein mentioned, Defendant, MAC 60 LLC, managed the aforesaid
building and premises.
13. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
managed the aforesaid building and premises.
14. That at all times herein mentioned, Defendant, MAC 60 LLC, was the managing agent the
of aforesaid building and premises.
15. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was the managing agent of the aforesaid building and premises.
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16. That at all times herein mentioned, Defendant, MAC 60 LLC, controlled the aforesaid
building and premises.
17. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
controlled the aforesaid building and premises.
18. That at all times herein mentioned, Defendant, MAC 60 LLC, repaired the aforesaid
building and premises.
19. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
repaired the aforesaid building and premises.
20. That at all times herein mentioned, Defendant, MAC 60 LLC, hired and/or retained the
Defendant, ROYAL HOME IMPROVEMENTS, INC., to perform work, labor and/or
services upon premises located at 2357 60th Street, Brooklyn, New York 11204.
21. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendant,
ROYAL HOME IMPROVEMENTS, INC., was hired and/or retained to act as the general
contractor, construction manager, and / or contractor for the work, labor and services upon
the premises located at 2357 60th Street, Brooklyn, New York 11204.
22. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was a contractor performing certain work, labor, and services at the aforesaid premises
23. That at all times herein mentioned, Defendant, MAC 60 LLC, was performing certain work,
labor and services at the aforesaid premises.
24. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC.,
was performing certain work, labor and services at the aforesaid premises.
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25. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendants,
their agents, servants and/or employees were engaged in the erection, demolition,
construction, repairing, altering, painting, cleaning or pointing of the premises located at
60th
2357 street, Brooklyn, NY 11204.
26. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendant,
MAC 60 LLC, hired and/or retained GILMAR DESIGN CORP., to perform work at the
aforesaid premises.
27. That at all times herein mentioned, and on, or prior to, January 11, 2018, Defendant,
ROYAL HOME IMPROVEMENTS, INC., hired and/or retained GILMAR DESIGN
CORP. to perform work at the aforesaid premises.
28. That on January 11, 2018, the Plaintiff, ANTONIO ESPINOSA, was an employee of
GILMAR DESIGN CORP.
29. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendants,
their agents, servants and/or employees were engaged in erection, demolition, construction,
repairing, altering, painting, cleaning or pointing of the premises located at 2357 60th
Street, Brooklyn, New York 11204.
30. That the Defendants, their agents, servants and/or employees had the duty to provide the
Plaintiff with a safe place to work.
31. That the Defendants, their agents, servants and/or employees had the non-delegable duty to
see that the work site was kept reasonably safe and free of dangers and hazards to those
workers lawfully thereat.
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32. That on January 11, 2018, while Plaintiff, ANTONIO ESPINOSA, was lawfully and
carefully working at he was struck by a falling object that should have been secured due to
.
the negligence of the Defendants, their agents, servants and/or employees in the negligent
erection, demolition, repairing, altering, painting, cleaning or pointing, ownership,
operation, maintenance, management, direction, supervision, possession, control,
construction, rehabilitation and/or alteration of said premises and Plaintiff sustained the
injuries hereinafter alleged.
33. That the Defendants, their agents, servants and/or employees were negligent, reckless and
careless in the ownership, operation, maintenance, control, possession, supervision,
direction, construction, inspection, management, renovation, rehabilitation and/or alteration
of the said premises in that they failed to provide the Plaintiff with a safe place to work;
failed to furnish or erect, or cause to be furnished or erected for the performance of such
labor, scaffolding, hoist, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes,
nets, catchalls and other devices which shall be so constructed, secured, placed and operated
as to give proper protection to a person so employed as the Plaintiff and Defendants were
otherwise negligent, reckless and careless.
34. That the Defendants, their agents, servants and/or employees had actual and/or constructive
notice of the dangerous and defective conditions existing upon the work site.
35. That the accident, and the injuries resulting therefrom, were caused solely and wholly by
reason of the negligence of the Defendants, their agents, servants and/or employees without
any fault, want of care or culpable conduct on the part of the Plaintiff contributing thereto.
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36. That by reason of the foregoing, the Plaintiff has sustained painful serious injuries, has been
injured and disabled, rendered sick, sore, lame, otherwise injured, disabled, and so remains.
37. That he has been unable to attend to his usual vocation and activities and that he has been
obliged to expend and will in the future expend sums of money for medical aid and
attention, and that by reason of the foregoing, plaintiff sustained economic loss.
38. That by reason of the foregoing Plaintiff has been damaged in a sum which exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF ANTONIO ESPINOSA
39. Plaintiff, ANTONIO ESPINOSA, repeats, reiterates and realleges each and every allegation
contained in the First Cause of Action, with the same force and effect as though fully set
forth herein.
40. That on January 11, 2018, there existed, in full force and effect, within the State of New
York, Section 200 of the Labor Law of the State of New York.
41. That by reason of the negligence of the Defendants as aforesaid, the Defendants violated
Section 200 of the Labor Law of the State of New York.
42. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION
ON BEHALF OF ANTONIO ESPINOSA
43. Plaintiff, ANTONIO ESPINOSA, repeats, reiterates and realleges each and every allegation
contained in the First and Second Causes of Action, with the same force and effect as
though fully set forth at length herein.
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44. That on January 1 1, 2018, there existed, in full force and effect, within the State of New
York, Section 240 of the Labor Law of the State of New York.
45. That on January 11, 2018, there existed, in full force and effect, within the State of New
York, Section 240 (1) & 240(2) of the Labor Law of the State of New York.
46. That by reason of the negligence of the Defendants as aforesaid, the Defendants violated
Section 240 as well as Sections 240(1) & (2) of the Labor Law of the State of New York.
47. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION
ON BEHALF OFANTONIO ESPINOSA
48. Plaintiff, ANTONIO ESPINOSA, repeats, reiterates and realleges each and every allegation
contained in the First, Second and Third Causes of Action, together with the same force and
effect as though fully set forth at length herein.
49. That on January 11, 2018, there existed, in full force and effect, within the State of New
York, Section 241 of the Labor Law of the State of New York.
50. That on January 11, 2018, there existed, in full force and effect, within the State of New
York, Section 241 (6) of the Labor Law of the State of New York.
51. That by reason of the negligence of the Defendants as aforesaid, the Defendants violated
Section 241 as well as Section 241(6) of the Labor Law of the State of New York.
52. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff demand judgment against the Defendants herein on all causes
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of action, in an amount exceeding the jurisdictional limits of all lower courts which would
otherwise have jurisdiction, together with the costs and disbursements of this action.
Dated: Bronx, New York
July 26, 2018
urs, etc.
Ja sky, s
RESK & ASSOCIATES, PL
Attorne z for Plaintiff
IO ESPINOSA
149 East 149th Street
Bronx, New York 10451
(718) 993-9999
Our File No. 18-1005
10
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ATTORNEY'S VERIFICATION
JACOB ORESKY, ESQ., an attorney duly admitted to practice before the Courts of the
State of New York, affirms the following to be true under the penalties of perjury: I am an
attorney at ORESKY & ASSOCIATES, PLLC, attorneys of record for Plaintiff, ANTONIO
ESPINOSA. I have read the annexed COMPLAINT and know the contents thereof, and the
same are true to my knowledge, except those matters therein which are stated to be alleged upon
information and belief, and as to those matters I believe them to be true. My belief, as to those
matters therein not stated upon knowledge, is based upon facts, records, and other pertinent
information contained in my files.
This verification is made by me because Plaintiff is not presently in the county wherein I
maintain my offices.
DATED: Bronx, New York
July 26, 2018999
T
Jiu(6b O -s y, Es .
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ANTONIO ESPINOSA
Plaintiff,
-against-
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC.
Defendant(s).
SUMMONS AND VERIFIED COMPLAINT
ORESKY & ASSOCIATES, PLLC
Attorneys for Plaintiff
Antonio Espinosa
149 East 149th Street
Bronx, New York,10451
718-993-9999
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Preview
FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 SUPREME COURT OF THE STATE OF NEW YORK SUMMONS COUNTY OF KINGS Index No.: ______..__ _ __ _ _______ _ _ _ ____________----------------X Date Purchased: ANTONIO ESPINOSA, Plaintiff designates Kings Plaintiff, as the place of trial. County -against- The basis of venue is: Plaintiff's Residence MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, Plaintiff resides at: INC., 1732 West 1st Street Brooklyn, NY 11223 Defendants. County of Kings -------------------------------------------------------------------X X To the above named Defendant(s) 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 Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. 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: Bronx, New York July 26, 2018 ' ES Y, Q. ORESK & ASSOCIATES, PLLC Attorne for Plaintiff NT IO ESPINOSA 149 East 149th Street Bronx, New York 10451 (718) 993-9999 Our File No. 18-1005 j. 1 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 TO: MAC 60 LLC 2nd 3004 Avenue L, FlOOr Brooklyn, NY 11210 ROYAL HOME IMPROVEMENTS, INC. 2nd 3004 Avenue L, FlOOT Brooklyn, NY 11210 2 2 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______________________________--------------------------------------------X — ANTONIO ESP1NOSA, VERIFIED COMPLAINT Plaintiff, Index No.: -against- MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., Defendants. ___________________________________---------------------------------------X Plaintiff, by his attorneys, ORESKY & ASSOCIATES, PLLC, complaining of the Defendants, respectfully alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF ANTONIO ESPINOSA 1. That at all times herein mentioned, Plaintiff was, and still is, a resident of the County of Kings, State of New York. 2. That this action falls within one or more of the exceptions set forth in CPLR §1602. 3. That at all times herein mentioned, Defendant, MAC 60 LLC, was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 4. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. 3 3 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 5. That at all times herein mentioned, Defendant, MAC 60 LLC, owned a building and structure located at 2357 60th Street, Brooklyn, New York 11204. 6. That at all times herein mentioned, Defendant, MAC 60 LLC, was the lessor or lessee of a building and structure located at 2357 60th Street, Brooklyn, New York 11204. 7. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was the lessor or lessee of a building and structure located at . 8. That at all times herein mentioned Defendant, MAC 60 LLC, operated the aforesaid building and premises. 9. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., operated the aforesaid building and premises. 10. That at all times herein mentioned, Defendant, MAC 60 LLC, maintained the aforesaid building and premises. 11. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., maintained the aforesaid building and premises. 12. That at all times herein mentioned, Defendant, MAC 60 LLC, managed the aforesaid building and premises. 13. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., managed the aforesaid building and premises. 14. That at all times herein mentioned, Defendant, MAC 60 LLC, was the managing agent the of aforesaid building and premises. 15. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was the managing agent of the aforesaid building and premises. 4 4 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 16. That at all times herein mentioned, Defendant, MAC 60 LLC, controlled the aforesaid building and premises. 17. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., controlled the aforesaid building and premises. 18. That at all times herein mentioned, Defendant, MAC 60 LLC, repaired the aforesaid building and premises. 19. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., repaired the aforesaid building and premises. 20. That at all times herein mentioned, Defendant, MAC 60 LLC, hired and/or retained the Defendant, ROYAL HOME IMPROVEMENTS, INC., to perform work, labor and/or services upon premises located at 2357 60th Street, Brooklyn, New York 11204. 21. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendant, ROYAL HOME IMPROVEMENTS, INC., was hired and/or retained to act as the general contractor, construction manager, and / or contractor for the work, labor and services upon the premises located at 2357 60th Street, Brooklyn, New York 11204. 22. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was a contractor performing certain work, labor, and services at the aforesaid premises 23. That at all times herein mentioned, Defendant, MAC 60 LLC, was performing certain work, labor and services at the aforesaid premises. 24. That at all times herein mentioned, Defendant, ROYAL HOME IMPROVEMENTS, INC., was performing certain work, labor and services at the aforesaid premises. 5 5 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 25. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendants, their agents, servants and/or employees were engaged in the erection, demolition, construction, repairing, altering, painting, cleaning or pointing of the premises located at 60th 2357 street, Brooklyn, NY 11204. 26. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendant, MAC 60 LLC, hired and/or retained GILMAR DESIGN CORP., to perform work at the aforesaid premises. 27. That at all times herein mentioned, and on, or prior to, January 11, 2018, Defendant, ROYAL HOME IMPROVEMENTS, INC., hired and/or retained GILMAR DESIGN CORP. to perform work at the aforesaid premises. 28. That on January 11, 2018, the Plaintiff, ANTONIO ESPINOSA, was an employee of GILMAR DESIGN CORP. 29. That at all times herein mentioned, and on, or prior to, January 11, 2018, the Defendants, their agents, servants and/or employees were engaged in erection, demolition, construction, repairing, altering, painting, cleaning or pointing of the premises located at 2357 60th Street, Brooklyn, New York 11204. 30. That the Defendants, their agents, servants and/or employees had the duty to provide the Plaintiff with a safe place to work. 31. That the Defendants, their agents, servants and/or employees had the non-delegable duty to see that the work site was kept reasonably safe and free of dangers and hazards to those workers lawfully thereat. 6 6 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 32. That on January 11, 2018, while Plaintiff, ANTONIO ESPINOSA, was lawfully and carefully working at he was struck by a falling object that should have been secured due to . the negligence of the Defendants, their agents, servants and/or employees in the negligent erection, demolition, repairing, altering, painting, cleaning or pointing, ownership, operation, maintenance, management, direction, supervision, possession, control, construction, rehabilitation and/or alteration of said premises and Plaintiff sustained the injuries hereinafter alleged. 33. That the Defendants, their agents, servants and/or employees were negligent, reckless and careless in the ownership, operation, maintenance, control, possession, supervision, direction, construction, inspection, management, renovation, rehabilitation and/or alteration of the said premises in that they failed to provide the Plaintiff with a safe place to work; failed to furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoist, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, nets, catchalls and other devices which shall be so constructed, secured, placed and operated as to give proper protection to a person so employed as the Plaintiff and Defendants were otherwise negligent, reckless and careless. 34. That the Defendants, their agents, servants and/or employees had actual and/or constructive notice of the dangerous and defective conditions existing upon the work site. 35. That the accident, and the injuries resulting therefrom, were caused solely and wholly by reason of the negligence of the Defendants, their agents, servants and/or employees without any fault, want of care or culpable conduct on the part of the Plaintiff contributing thereto. 7 7 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 36. That by reason of the foregoing, the Plaintiff has sustained painful serious injuries, has been injured and disabled, rendered sick, sore, lame, otherwise injured, disabled, and so remains. 37. That he has been unable to attend to his usual vocation and activities and that he has been obliged to expend and will in the future expend sums of money for medical aid and attention, and that by reason of the foregoing, plaintiff sustained economic loss. 38. That by reason of the foregoing Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF ANTONIO ESPINOSA 39. Plaintiff, ANTONIO ESPINOSA, repeats, reiterates and realleges each and every allegation contained in the First Cause of Action, with the same force and effect as though fully set forth herein. 40. That on January 11, 2018, there existed, in full force and effect, within the State of New York, Section 200 of the Labor Law of the State of New York. 41. That by reason of the negligence of the Defendants as aforesaid, the Defendants violated Section 200 of the Labor Law of the State of New York. 42. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF ANTONIO ESPINOSA 43. Plaintiff, ANTONIO ESPINOSA, repeats, reiterates and realleges each and every allegation contained in the First and Second Causes of Action, with the same force and effect as though fully set forth at length herein. 8 8 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 44. That on January 1 1, 2018, there existed, in full force and effect, within the State of New York, Section 240 of the Labor Law of the State of New York. 45. That on January 11, 2018, there existed, in full force and effect, within the State of New York, Section 240 (1) & 240(2) of the Labor Law of the State of New York. 46. That by reason of the negligence of the Defendants as aforesaid, the Defendants violated Section 240 as well as Sections 240(1) & (2) of the Labor Law of the State of New York. 47. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OFANTONIO ESPINOSA 48. Plaintiff, ANTONIO ESPINOSA, repeats, reiterates and realleges each and every allegation contained in the First, Second and Third Causes of Action, together with the same force and effect as though fully set forth at length herein. 49. That on January 11, 2018, there existed, in full force and effect, within the State of New York, Section 241 of the Labor Law of the State of New York. 50. That on January 11, 2018, there existed, in full force and effect, within the State of New York, Section 241 (6) of the Labor Law of the State of New York. 51. That by reason of the negligence of the Defendants as aforesaid, the Defendants violated Section 241 as well as Section 241(6) of the Labor Law of the State of New York. 52. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demand judgment against the Defendants herein on all causes 9 9 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 of action, in an amount exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Bronx, New York July 26, 2018 urs, etc. Ja sky, s RESK & ASSOCIATES, PL Attorne z for Plaintiff IO ESPINOSA 149 East 149th Street Bronx, New York 10451 (718) 993-9999 Our File No. 18-1005 10 10 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 ATTORNEY'S VERIFICATION JACOB ORESKY, ESQ., an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at ORESKY & ASSOCIATES, PLLC, attorneys of record for Plaintiff, ANTONIO ESPINOSA. I have read the annexed COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Plaintiff is not presently in the county wherein I maintain my offices. DATED: Bronx, New York July 26, 2018999 T Jiu(6b O -s y, Es . 11 11 of 12 FILED: KINGS COUNTY CLERK 07/26/2018 04:34 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2018 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ANTONIO ESPINOSA Plaintiff, -against- MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC. Defendant(s). SUMMONS AND VERIFIED COMPLAINT ORESKY & ASSOCIATES, PLLC Attorneys for Plaintiff Antonio Espinosa 149 East 149th Street Bronx, New York,10451 718-993-9999 12 of 12