FILED: NEW YORK COUNTY CLERK 04/06/2012 INDEX NO /2011 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2012

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1 FILED: NEW YORK COUNTY CLERK 04/06/2012 INDEX NO /2011 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2012 SUPREME COURT OF THE STATE OFNEW YORK COLINTY OFNEW YORK x EFRAIN ITERNANDEZ, PIaintiff, AMENDEDVERIFIED COMPLAINT -agairct- INDEX NUMBER: /1 I CF 620 OWNER ONE LLC, ROBINSON ELEVATOR LLC, and HENEGAN CONSTRUCTION CO., INC., ard S CHINDLER ELEVATOR CORPORATION, -;;;;;;;";;.;;: respectfully allege as follows: Defendants. -"-"YS, SACKS & SACKS, LLP, I'IRST: That at a times herein mentioned, defendart, cf' 620 owner one LLC., was and stil1 is a domestic corporation duly organized aad existing under and by virtue of the laws of the State of New York. SECOND: That at arr times herein mentioned, defendant, HENEGAN CONSTRUCTION CO., INC', was and still is a domestic corporation duly orgaaized and existing under and by virtue ofthe laws ofthe State ofnew york. THIRD: That at all times herein mentioned, defendant, ROBINSON ELEVATOR LLC., was and stil is a foreign limited liability corporation duly authorized to conduct work in the State of New York. FOURTH: That at all times herein mentioned, defendant, SCHINDLER ELEVATOR CORPORATION, was arld still is a domestic corporation duly organized and existing under aad by virtue of law ofthe State of New york.

2 FIFTTT: That ar arl rimes he ein menrioned, defendant SCHINDLER ELEVATOR CORPORATION' was and still is a foreign corporation duly authorized to do business and or/conducting business in the State ofnew york. sixth: That ar all times herein mentioned, defendant, cf 620 owner one LLC., was and still is the owner of premises under construction located at 620 6û Avenue, between 1gú and 19ú streets, borough of Manhatta, City and State of New york. se\{enth: That at all times mentioned herein, defendant, cf 620 owner one LLc., entered into a conrract wirh HENEGAN construcrion co., INC., for HENEGAN CONTRUCTION co., INC. to perform construction services at the aforementioned premises. EIGHTH: That at all times herein mentioned, defenda t, HENEGA { CONSTRUCTION CO., INC., was in the business of providing general contracting services and was the general contractor ofthe aforesaid premises. NINTH: That at all times herein mentioned, defendant, HENEG^N CONSTRUCTION Co., INC., was in the business of providing construction management services and was a construction malager at the aforesaid premises. TENTH: That at all times herein mentioned, defendant, cf 620 owner one LLc., was in the business of providing general contracting services and was the general coníactor of the aforesaid premises. ELEVENTH: That at all times herein mentioned, defendant, cf,620 ow {ER one LLC', was in the business of providing construction management services and was a construction manager at lhe aforesaid premises.

3 TWELFTH: That at all times herein mentioned, defendant, ROBINSON ELEVATOR LLC., was in the business of installing and maintaining elevators, and installed and maintained elevators including the freight elevator involved in the incident herein. TITTRTEENTIT: That at all times herein mentioned, defendant, SCHINDLER ELEVATOR CORPORATION, was in the business of providing elevator contracting services a d./or elevator maintenance services and was the elevator conhactor at the aforesaid premises and,/or provided maintenance to the aforesaid elevators at the premises. FOURTEENTH: That at all times herein mentioned, defendant, cf 620 ow\er one LLC., contracted with defenda t ROBTNSON ELEVATOR LLc., for ROBTNSON ELEVATOR LLC to install and mainøin all elevators, including the freight elevator in the aforesaid premises. FIFTEENTH: That ar alr rimes herein menrioned, cf 620 owner one, LLc, entered into a contract with SCHII{I)LER ELEVATOR corporation, for SCHI {DLER ELEVATOR CORPORATION to perform elevato contracting services and,/or elevator maintenance services at 34 west 19ú street, co,nty, city and State of New york. SIXTEENTH: That at ai times herein mentioned, defendant, cf 620 owner ONE, LLC' entered into a contract agreement with Murray Hill Painting for Murray Hill painting to perform work, labor and services at the aforesaid premises. SEVENTEENTIT: That at all times herein mentioned, defendant, HENEGAI{ construcrion co., INC., entered into contract with ROBINSON ELEVÁ.TOR LLC., for ROBINSON ELEVATOR LLC to install and maintain all elevators, including the fieight elevator in the aforesaid premises. EIGHTEENTH: Thar at all times herein menrioned HENEGAN consrruction co.' INc entered into a conrract with schi {DLER ELEVATOR corporatron fo

4 SCHINDLER ELEVATOR CORPORATION to perform elevator contracting services and/or elevator maintenance services at the aforesaid premises. NINETEENTTT: That at arl times herein mentioned, defendant, TIENEGAN CONSTRUCTION CO., INC., entered into a subcontract agreement with Munay Hill painting for M'rray Hill Painting to peform work, rabor, and sewices at the aforesaid premises. TWENTIETH: That on the rgth day of May,2017, while plaintiff was lawtully upon the aforesaid premises as a employee of Murray Hiil Painting, he was caused to sustain serious and severe injuries. TWENTY-FIRST: The occrurence of the aforesaid accident was caused solely and wholly by reason ofthe negligence, carelessness and recklessness ofthe defendants, their contuactors, agents and employees who were negligent in the ownership, operation, management and control of the aforesaid premises: Defendants provided a elevator that was in a hazardous a d defective condition with defective brakes that were not inspected a d not repaired; improperly utilized the freight elevator as a personal hoist which dropped several stories and caused plaintiff to be injured thereat; further, said elevator suddenly accelerated three stories causing it to plunge and plaintiff to be injured thereat; further, failed to properly inspect and maintain the elevator; frrrther, defendants failed to use the freight elevator for its proper usage; further, failed to erect personnel hoist for the safety ofworkers thereat; fi rther, failed to have safety valves and stop valves on the freight elevator, and emergency stops, to prevent an elevator from freefalling; further, violated Sections 200, 240, and. 241(6) of the Labor Laws of the State of New York, Rule 23 of the lndustrial Code of the State of New York, specifically but not limited to ,23-1.6,23-r.7,23-1.g,23-2.1,23_5,23_6,23-7, Ar cle 1926 of O'S'H.A as well as the building code; further was liable for plaintiff gnder the doctrine ofres ipsa loquitur and was otherwise negligent, careless, and reckless, causing plaintiff to

5 sustain serious and severe injwies. TWENTY SECOND: Plaintiffwas free from comparative fault. TWENTY THIRD: As a result of the aforesaid occuíence plaintiff was rendered sick, sore, lame and disabled, was confined to bed and home for a long period of time; was caused to expend large sums ofmoney for medical aid and attention and has been prevented from attending his usual occupation and/or avocation for a long period of time. T\ryENTY FOIiRTH: The monetary damages sustained by plaintiff exceed the jurisdictional limitations of all lower cou ts which would otherwise have had j risdiction. WHEREFORX', the plaintiff demands relief against the defendants for conscious pain and suffering, loss of enjoyment of life, medical expenses, past and future, lost wages and union benefits, past and future, and all otler recoverable items unde New york State law. SACKS AND SACKS, LLP Attomeys for Plaintiff(s) Office & P.O. Address: 150 Broadway - 4th Floor New York, New York (2r2) 964-ss70

6 ATTORNEY'S VERIFICATION I, MONTY DOMAN, am an attomey duly admitted to practice in the courts of New Yo k State, and say that: I am the attomey of record, or of counsel with the attomey(s) of record, for the plaintiff(s), I have read the annexed SUPPLEMENTAL SUMMONS AND AMENDED VERIX'IED COMPLAINT know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters tlerein not stated upon knowledge, is based upon the following: facts, investigations and pertinent data contained in deponent's file. The reason I make this affirmation instead of plaintiff is because plaintiff(s) reside in a County other than where deponent maintains his office. Dated: New York, New York Apn15,2012 MONTY DOMA I, ESQ. SACKS AND SACKS, LLP Attorneys for Plaintiff(s) Office & P.O. Address: 150 Broadway - 4th Floor New York, New York (212) 964-ss70