Preview
FILED: NEW YORK COUNTY CLERK 05/11/2018 10:59 AM INDEX NO. 154413/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------X X
AIG PROPERTY CASUALTY COMPANY f/k/a Index No.:
CHARTIS PROPERTY CASUALTY COMPANY a/s/o Date Purchased:
THERESE JOSLIN,
Plaintiff designates: New York
County as the place of trial
Plaintiff,
The basis of the venue is:
Plaintiff'sassignor's/subrogor's
-against-
residence
SUMMONS
ALMAR PLUMBING 4 HEATING CORPORATION
and WATTS REGULATOR CO., Plaintiff's assignor/subrogor
resides at:
30 Park Place, Unit 530
Defendants. New York, New York
----------------------------------------------------------X
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, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorneys within 20 days after the service ofthis 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.
Dated: New York, New York
May 11, 2018
Defendants'
addresses: FRENKEL LAMBERT WEISS
WEISM & GORDO , LLP
ALMAR PLUMBING & HEATING CORPORATION Attorneys for Pla ntiff
50 Bethpage Road
Hicksville, New York 11801
By:
WATTS REGULATOR CO. RICI4ARI LAMBERT
20th
c/o CT Corporation System One Whitehall Street, PlOOr
111 Eighth Avenue New York, New York 10004
New York, New York 10011
(212) 344-3100
File No.
No, 02-086508
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
———X
---------------------------------------------------------------X
AIG PROPERTY CASUALTY COMPANY f/k/a Index No.:
CHARTIS PROPERTY CASUALTY COMPANY a/s/o
THERESE JOSLIN,
COMPLAINT
Plaintiff,
-against-
ALMAR PLUMBING & HEATING CORPORATION
and WATTS REGULATOR CO.,
Defendants.
---------------------------------------------------------------X X
Plaintiff, AIG Property Casualty Company f/k/a Chartis Property Casualty Company
("AIG"), by its attorneys, Frenkel Lambert Weiss Weisman & Gordon, LLP, as and for its
complaint against the defendants alleges, upon information and belief, as follows:
1. At all times hereinafter mentioned, plaintiff AIG was and stillis authorized to issue
policies of insurance within the State of New York.
2. At all times hereinafter mentioned, plaintiffs assignor/subrogor, Therese Joslin
("Joslin") was the owner of Apartment 53D in the building located at 30 Park Place, New York,
"Building"
New York (the "Building").
3. At all times hereinafter mentioned, defendant Almar Plumbing & Heating
Corporation ("Almar") was and stillis a domestic business corporation authorized to conduct
business in the State of New York.
("Watts"
4. At alltimes hereinafter mentioned, defendant Watts Regulator Co. ("Watts") was and
stillis a foreign business corporation authorized to conduct business in the State of New York,
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5. On or about February 11, 2017, Joslin sustained damages to Apartment 53D when a
"Valve"
certain valve manufactured and distributed by Watts (the "Valve") and installed by defendant
450¹
Almar in Apartment 60D on the Floor of the Building failed.
6. As a result of the failure of the Valve, Joslin sustained damages in the sum of at least
$85,116.23.
7. Pursuant to a policy of insurance then in full force and effect, plaintiff reimbursed
Joslin the sum of $85,116.23 for the aforesaid loss, and thereby became and remains subrogated,
and assigned, to the extent of the aforesaid payment, to all rights, remedies and causes of action
against any and allpersons who caused or contributed to the loss, including, but not limited to, the
defendants herein.
8. At alltimes hereinafter mentioned, defendant Watts and/or itsagents, representatives,
employees and/or servants designed, manufactured, assembled, tested and inspected the Valve.
9. Prior to February 11, 2017, defendant Watts distributed the Valve for sale to the
general public in interstate commerce.
'
AS AND FOR A FIRST CAUSE OF ACTION (Negligence Against Watts)
"1"
10. Plaintiff repeats and realleges each and every allegation set forth in paragraphs
"9"
through thereof, with the same force and effect as if each such allegation was fully set forth
here again at length.
11. The aforesaid incident was caused by the result of negligence of the defendant Watts
in manufacturing and designing the Valve.
12. As a result of the aforesaid negligence of defendant Watts in failing to properly
manufacture and design the Valve, plaintiff's assignor/subrogor sustained damages in the sum of
at least $85,116.23.
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13. By reason of the aforesaid, defendant Watts is liable and indebted to plaintiff in the
sum of at least $85,116.23 with interest from February 11, 2017.
AS AND FOR A SECOND CAUSE OF ACTION (Products Liability Against Watts)
"1"
14. Plaintiff repeats and realleges each and every allegation set forth in paragraphs
"13"
through thereof, with the same force and effect as if each such allegation was fully set forth
here again at length.
15. On or about February 11, 2017, solely as a result of defendant Watts's defective and
improper design, installation, manufacture, assembly, testing and inspection of the Valve, the
Valve failed, causing plaintiff's assignor/subrogor to sustain damages in the sum of $85,116.23.
16. By reason of the aforesaid, defendant Watts is liable and indebted to plaintiff in the
sum of at least $85,116.23 with interest from February 11, 2017.
AS AND FOR A THIRD CAUSE OF ACTION (Failure to Warn Against)
"1"
17. Plaintiff repeats and realleges each and every allegation set forth in paragraphs
"16"
through thereof, with the same force and effect as if each such allegation was fully set forth
here again at length.
18. Prior to February 11, 2017, defendant Watts failed to adequately warn plaintiff's
insured about the dangerous condition of the Valve.
19. As a result of the aforesaid failure to warn, on or about February 11, 2017, plaintiff's
assignor/subrogor sustained damages in the sum of at least $85,116.23.
20. By reason of the aforesaid, defendant Watts is liable and indebted to plaintiff in the
sum of at least $85,116.23 with interest from February 11, 2017.
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AS AND FOR A FOURTH CAUSE OF ACTION
(Breaches of Express & Implied Warranties Against Watts)
"1"
21. Plaintiff repeats and realleges each and every allegation set forth in paragraphs
"20"
through thereof, with the same force and effect as if each such allegation was fully set forth
here again at length.
22. Defendant Watts expressly and implicitly warranted to the general public that the
Valve was merchantable in that itwas fit for ordinary purposes and safe for itsintended use.
Watts'
23. Defendant product was not safe for its intended use; therefore, defendant
Watts'
warranties were breached.
24. As a direct and proximate result of the breaches of express and implied warranties,
on or about February 11, 2017, plaintiff's assignor/subrogor sustained damages in the sum of at
least $85,116.23.
25. By reason of the aforesaid, defendant Watts is liable and indebted to plaintiff in the
sum of at least $85,116.23 with interest from February 11, 2017.
AS AND FOR A FIFTH CAUSE OF ACTION
"1"
26. Plaintiff repeats and realleges each and every allegation set forth in paragraphs
"25"
through thereof, with the same force and effect as if each such allegation was fully set forth
here again at length.
27. The aforesaid damages sustained by Joslin were a direct result of the negligence of
defendant Almar and/or its agents, servants and/or employees in the installation of the Valve.
28. By reason of the aforesaid, defendant Almar is liable and indebted to plaintiff in the
sum of at least $85,116.23 with interest from February 11, 2017.
WHEREFORE, plaintiff AIG Property Casualty Company f/k/a Chartis Property
Casualty Company demands judgment against defendant Watts Regulator Co. on itsfirst, second,
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third and fourth causes of action in the sum of $85,116.23 plus interest from February 11, 2017,
and judgment against defendant Almar Plumbing 4 Heating Corporation on its fifth cause of
action in the sum of $85,116.23 plus interest from February 11, 2017, together with the costs and
disbursements of this action, and such other and further relief as this Court deems just and proper.
FRENKEL LAMBERT WEISS
WEISMAN & GORDON LLP
Attorneys or Plain iff
By:
RICI+ARÒuÁMBER
20th
One Whitehall Street, Floor
New York, New York 10004
(212) 344-3100
Our File No.: 02-086508
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Preview
FILED: NEW YORK COUNTY CLERK 05/11/2018 10:59 AM INDEX NO. 154413/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------X X AIG PROPERTY CASUALTY COMPANY f/k/a Index No.: CHARTIS PROPERTY CASUALTY COMPANY a/s/o Date Purchased: THERESE JOSLIN, Plaintiff designates: New York County as the place of trial Plaintiff, The basis of the venue is: Plaintiff'sassignor's/subrogor's -against- residence SUMMONS ALMAR PLUMBING 4 HEATING CORPORATION and WATTS REGULATOR CO., Plaintiff's assignor/subrogor resides at: 30 Park Place, Unit 530 Defendants. New York, New York ----------------------------------------------------------X 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, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorneys within 20 days after the service ofthis 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. Dated: New York, New York May 11, 2018 Defendants' addresses: FRENKEL LAMBERT WEISS WEISM & GORDO , LLP ALMAR PLUMBING & HEATING CORPORATION Attorneys for Pla ntiff 50 Bethpage Road Hicksville, New York 11801 By: WATTS REGULATOR CO. RICI4ARI LAMBERT 20th c/o CT Corporation System One Whitehall Street, PlOOr 111 Eighth Avenue New York, New York 10004 New York, New York 10011 (212) 344-3100 File No. No, 02-086508 1 of 6 FILED: NEW YORK COUNTY CLERK 05/11/2018 10:59 AM INDEX NO. 154413/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ———X ---------------------------------------------------------------X AIG PROPERTY CASUALTY COMPANY f/k/a Index No.: CHARTIS PROPERTY CASUALTY COMPANY a/s/o THERESE JOSLIN, COMPLAINT Plaintiff, -against- ALMAR PLUMBING & HEATING CORPORATION and WATTS REGULATOR CO., Defendants. ---------------------------------------------------------------X X Plaintiff, AIG Property Casualty Company f/k/a Chartis Property Casualty Company ("AIG"), by its attorneys, Frenkel Lambert Weiss Weisman & Gordon, LLP, as and for its complaint against the defendants alleges, upon information and belief, as follows: 1. At all times hereinafter mentioned, plaintiff AIG was and stillis authorized to issue policies of insurance within the State of New York. 2. At all times hereinafter mentioned, plaintiffs assignor/subrogor, Therese Joslin ("Joslin") was the owner of Apartment 53D in the building located at 30 Park Place, New York, "Building" New York (the "Building"). 3. At all times hereinafter mentioned, defendant Almar Plumbing & Heating Corporation ("Almar") was and stillis a domestic business corporation authorized to conduct business in the State of New York. ("Watts" 4. At alltimes hereinafter mentioned, defendant Watts Regulator Co. ("Watts") was and stillis a foreign business corporation authorized to conduct business in the State of New York, 2 of 6 FILED: NEW YORK COUNTY CLERK 05/11/2018 10:59 AM INDEX NO. 154413/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 5. On or about February 11, 2017, Joslin sustained damages to Apartment 53D when a "Valve" certain valve manufactured and distributed by Watts (the "Valve") and installed by defendant 450¹ Almar in Apartment 60D on the Floor of the Building failed. 6. As a result of the failure of the Valve, Joslin sustained damages in the sum of at least $85,116.23. 7. Pursuant to a policy of insurance then in full force and effect, plaintiff reimbursed Joslin the sum of $85,116.23 for the aforesaid loss, and thereby became and remains subrogated, and assigned, to the extent of the aforesaid payment, to all rights, remedies and causes of action against any and allpersons who caused or contributed to the loss, including, but not limited to, the defendants herein. 8. At alltimes hereinafter mentioned, defendant Watts and/or itsagents, representatives, employees and/or servants designed, manufactured, assembled, tested and inspected the Valve. 9. Prior to February 11, 2017, defendant Watts distributed the Valve for sale to the general public in interstate commerce. ' AS AND FOR A FIRST CAUSE OF ACTION (Negligence Against Watts) "1" 10. Plaintiff repeats and realleges each and every allegation set forth in paragraphs "9" through thereof, with the same force and effect as if each such allegation was fully set forth here again at length. 11. The aforesaid incident was caused by the result of negligence of the defendant Watts in manufacturing and designing the Valve. 12. As a result of the aforesaid negligence of defendant Watts in failing to properly manufacture and design the Valve, plaintiff's assignor/subrogor sustained damages in the sum of at least $85,116.23. -2- 3 of 6 FILED: NEW YORK COUNTY CLERK 05/11/2018 10:59 AM INDEX NO. 154413/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 13. By reason of the aforesaid, defendant Watts is liable and indebted to plaintiff in the sum of at least $85,116.23 with interest from February 11, 2017. AS AND FOR A SECOND CAUSE OF ACTION (Products Liability Against Watts) "1" 14. Plaintiff repeats and realleges each and every allegation set forth in paragraphs "13" through thereof, with the same force and effect as if each such allegation was fully set forth here again at length. 15. On or about February 11, 2017, solely as a result of defendant Watts's defective and improper design, installation, manufacture, assembly, testing and inspection of the Valve, the Valve failed, causing plaintiff's assignor/subrogor to sustain damages in the sum of $85,116.23. 16. By reason of the aforesaid, defendant Watts is liable and indebted to plaintiff in the sum of at least $85,116.23 with interest from February 11, 2017. AS AND FOR A THIRD CAUSE OF ACTION (Failure to Warn Against) "1" 17. Plaintiff repeats and realleges each and every allegation set forth in paragraphs "16" through thereof, with the same force and effect as if each such allegation was fully set forth here again at length. 18. Prior to February 11, 2017, defendant Watts failed to adequately warn plaintiff's insured about the dangerous condition of the Valve. 19. As a result of the aforesaid failure to warn, on or about February 11, 2017, plaintiff's assignor/subrogor sustained damages in the sum of at least $85,116.23. 20. By reason of the aforesaid, defendant Watts is liable and indebted to plaintiff in the sum of at least $85,116.23 with interest from February 11, 2017. -3- 4 of 6 FILED: NEW YORK COUNTY CLERK 05/11/2018 10:59 AM INDEX NO. 154413/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 AS AND FOR A FOURTH CAUSE OF ACTION (Breaches of Express & Implied Warranties Against Watts) "1" 21. Plaintiff repeats and realleges each and every allegation set forth in paragraphs "20" through thereof, with the same force and effect as if each such allegation was fully set forth here again at length. 22. Defendant Watts expressly and implicitly warranted to the general public that the Valve was merchantable in that itwas fit for ordinary purposes and safe for itsintended use. Watts' 23. Defendant product was not safe for its intended use; therefore, defendant Watts' warranties were breached. 24. As a direct and proximate result of the breaches of express and implied warranties, on or about February 11, 2017, plaintiff's assignor/subrogor sustained damages in the sum of at least $85,116.23. 25. By reason of the aforesaid, defendant Watts is liable and indebted to plaintiff in the sum of at least $85,116.23 with interest from February 11, 2017. AS AND FOR A FIFTH CAUSE OF ACTION "1" 26. Plaintiff repeats and realleges each and every allegation set forth in paragraphs "25" through thereof, with the same force and effect as if each such allegation was fully set forth here again at length. 27. The aforesaid damages sustained by Joslin were a direct result of the negligence of defendant Almar and/or its agents, servants and/or employees in the installation of the Valve. 28. By reason of the aforesaid, defendant Almar is liable and indebted to plaintiff in the sum of at least $85,116.23 with interest from February 11, 2017. WHEREFORE, plaintiff AIG Property Casualty Company f/k/a Chartis Property Casualty Company demands judgment against defendant Watts Regulator Co. on itsfirst, second, 4 5 of 6 FILED: NEW YORK COUNTY CLERK 05/11/2018 10:59 AM INDEX NO. 154413/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 third and fourth causes of action in the sum of $85,116.23 plus interest from February 11, 2017, and judgment against defendant Almar Plumbing 4 Heating Corporation on its fifth cause of action in the sum of $85,116.23 plus interest from February 11, 2017, together with the costs and disbursements of this action, and such other and further relief as this Court deems just and proper. FRENKEL LAMBERT WEISS WEISMAN & GORDON LLP Attorneys or Plain iff By: RICI+ARÒuÁMBER 20th One Whitehall Street, Floor New York, New York 10004 (212) 344-3100 Our File No.: 02-086508 -5- 6 of 6