FILED: NEW YORK COUNTY CLERK 03/08/ :32 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2016

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1 FILED: NEW YORK COUNTY CLERK 03/08/ :32 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x CHUBB INDEMNITY INSURANCE CO. a/s/o JENNIFER KRAVITZ, v. Plaintiffs, URBAN VIEW DEVELOPMENT GROUP, INC., ILE CONSTRUCTION GROUP, INC., and PARK SLOPE INC., Defendants x Index No.: Plaintiff designates COUNTY OF NEW YORK as place of trial. SUMMONS The basis of Venue is plaintiff s place of business. 55 Water Street New York, NY New York, New York County of New York TO THE NAMED DEFENDANTS: 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 the summons to serve a notice of appearance on the undersigned within twenty (20) days after the service of this summons exclusive of the day of service (or within thirty (30) days after 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 March 7, 2016 Paul A. Tumbleson HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ Attorneys for Plaintiff 55 Water Street, 29th Floor New York, New York (212) File No: of 9

2 Defendants' Addresses: Urban View Development Group, Inc 101 Broadway, 5 th FL Brooklyn, NY ILE Construction Group, Inc. 101 Broadway, Ste 500 Brooklyn, NY Park Slope Inc 101 Broadway, 5 th FL Brooklyn, NY of 9

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x CHUBB INDEMNITY INSURANCE CO. a/s/o JENNIFER KRAVITZ, Index No.: v. Plaintiffs, COMPLAINT URBAN VIEW DEVELOPMENT GROUP, INC., ILE CONSTRUCTION GROUP, INC., and PARK SLOPE INC., Defendants x Plaintiff, CHUBB INDEMNITY INSURANCE CO. (hereinafter CHUBB ) a/s/o JENNIFER KRAVITZ (hereinafter KRAVITZ ), by its attorneys, HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ, as and for its Complaint, alleges as follows upon information and belief: 1. At all times mentioned, CHUBB was and still is a corporation authorized to do business in the State of New York with an office at 55 Water Street, New York, New York At all times mentioned, plaintiff s subrogor, KRAVITZ, owned and/or occupied the premises located at 313½ 12 th Street, Brooklyn, New York (hereinafter the KRAVITZ premises ). 3. At all times hereinafter mentioned, Defendants URBAN VIEW DEVELOPMENT GROUP, INC. (hereinafter URBAN VIEW ) was and still is a domestic corporation authorized to do business in the State of New York with offices at 101 Broadway, 5 th Floor, Brooklyn, NY of 9

4 4. At all times hereinafter mentioned, Defendant ILE CONSTRUCTION GROUP, INC (hereinafter ILE CONSTRUCTION ) was and still is a domestic corporation authorized to do business in the State of New York with an office at 101 Broadway, Suite 500, Brooklyn, New York. 5. At all times mentioned, defendant, PARK SLOPE INC (hereinafter PARK SLOPE ) was and still is a Domestic Limited Liability Company with an office at 101 Broadway, 5 th Floor, Brooklyn, New York. 6. At all times hereinafter mentioned, Defendants URBAN VIEW and/or PARK SLOPE were and still are the owners of real property known as th Street, Brooklyn, New York (hereinafter the worksite ). 7. At all times mentioned, the worksite was located adjacent to KRAVITZ S premises. 8. Prior to July 23, 2013, defendant URBAN and/or PARK SLOPE hired defendant ILE as a contractor and/or subcontractor for the construction of a building at the worksite, to perform work, labor and services, including but not limited to, demolition of an existing building and excavation for a new building at the worksite. 9. Prior to July 23, 2013, defendant ILE, its agents, servants, employees and/or representatives performed certain work, labor and services at the work site adjacent to the 4 of 9

5 KRAVITZ premises, including but not limited to, demolition of an existing building and excavation for a new building at the worksite. 10. Prior to July 23, 2013, Defendants failed to properly secure and protect the foundation wall of the KRAVITZ premises, immediately adjacent to the worksite at th Street, Brooklyn, New York. 11. On or about July 23, 2013, the work at the worksite by defendant ILE, caused extensive vibration damages to the premises and property of KRAVITZ. 12. On or about July 23, 2013, KRAVITS noticed cracking to the cement patio at the rear of her property and cracking to the interior and at the front façade and sidewalk. 13. Thereafter, KRAVITZ submitted a claim for damages to CHUBB pursuant to her policy of insurance regarding said premises and property. 14. Thereafter, CHUBB paid the claim in the sum of $138, and became subrogated to the rights of KRAVITZ against defendants. AS AND FOR A FIRST CAUSE OF ACTION 15. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 14 of the Complaint as if set forth in full. 5 of 9

6 16. Defendants PARK SLOPE, URBAN, and ILE owed a duty to KRAVITZ to manage, control and supervise the work at the worksite at th Street, Brooklyn, New York in a safe, careful and workmanlike manner so as to prevent cracking and vibration damage to the cement patio, foundation and the front façade and sidewalk of the premise and property of KRAVITZ. 17. The damage to the premises and property of KRAVITZ was caused solely by the negligence, carelessness and recklessness of one or more of the defendants without any fault or culpable conduct on the part of plaintiff. 18. Defendants, their agents, servants, employees and/or representatives were negligent in that they failed and neglected to: A. Perform, manage, monitor, operate, control, inspect, regulate and supervise the work and activities of themselves, their agents, servants, employees and/or representatives so as to prevent, limit or eliminate extensive construction and vibration damages to the premises and property of KRAVITZ; B. Maintain, operate, control and use equipment including backhoes and other machinery used in performing said work, safely and properly so as to prevent or limit damage to the premises and property of KRAVITZ; C. Instruct their agents, servants, employees and/or representatives in the safe and proper use of equipment in 6 of 9

7 performing said work, labor and services to construct the building adjacent to the KRAVITZ premises, so as to not cause extensive construction and vibration damages to the KRAVITZ premises and property; D. Regulate, control, test, inspect, monitor and supervise the work and activities of themselves, their agents, servants, employees and representatives to prevent or limit the extensive construction and vibration damages to the premises and property of KRAVITZ; E. Take adequate precautions and other such actions as to safeguard the premises and property of KRAVITZ from extensive construction and vibration damages; F. Exercise reasonable care and control over the work to construct the building adjacent to the KRAVITZ premises, so as to prevent extensive construction and vibration damages to the KRAVITZ premises and property; G. Notify and/or warn KRAVITZ of the hazardous conditions at the worksite so as to permit KRAVITZ to prevent and/or limit the extensive construction and vibration damages to her premises and property; H. Take such other actions or measures so as to prevent and/or limit the amount of damage to the premises and property of KRAVITZ; and I. Otherwise exercise reasonable care under the 7 of 9

8 circumstances. 19. Plaintiff reserves the right to rely upon the doctrine of Res Ipsa Loquitur at the trial of this matter. 20. As a result of the foregoing, plaintiff has been damaged in the sum of $138,793.20, no part of which has been paid by defendants although duly demanded. WHEREFORE, plaintiff demands judgment against defendants, jointly and severally, in the sum of $138,793.20, together with interest, costs and disbursements. Dated: New York, New York March 7, 2016 Paul A. Tumbleson HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ Attorneys for Plaintiff 55 WATER STREET, 29TH FLOOR NEW YORK, NEW YORK (212) File No: of 9

9 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CHUBB INDEMNITY INSURANCE CO. A/S/O JENNIFER KRAVITZ, -against- Plaintiffs, URBAN VIEW DEVELOPMENT GROUP, INC., ILE CONSTRUCTION GROUP, INC., PARK SLOPE INC., Defendants. SUMMONS AND COMPLAINT HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ Attorneys for Plaintiff Office and Post Office Address 55 Water Street, 29th Floor New York, New York (212) of 9