FILED: NEW YORK COUNTY CLERK 11/11/ :48 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/11/2015

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1 FILED: NEW YORK COUNTY CLERK 11/11/ :48 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/11/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TRUSTEES OF THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS PENSION FUND, WELFARE FUND, ANNUITY FUND, APPRENTICESHIP, JOURNEYMAN RETRAINING, EDUCATIONAL AND INDUSTRY FUND, CHARITY FUND, AND THE NEW YORK CITY AND VICINITY CARPENTERS LABOR-MANAGEMENT CORPORATION, Plaintiffs, Index No.: Date Filed: Plaintiff designates the County of New York as the place of trial. Venue is based on Plaintiffs place of business. SUMMONS -against- THE HANOVER INSURANCE COMPANY, Defendant. TO THE ABOVE NAMED DEFENDANT: You are hereby summoned to serve upon Plaintiffs attorneys an answer to the complaint in this action within 30 days after service of this summons. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: November 11, 2015 VIRGINIA & AMBINDER, LLP By: /s/ Jonathan Roffe, Esq. 40 Broad Street, 7 th Floor New York, New York (212) TO: The Hanover Insurance Company 440 Lincoln Street, Worcester, Massachusetts Attorneys for Plaintiffs

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TRUSTEES OF THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS PENSION FUND, WELFARE FUND, ANNUITY FUND, APPRENTICESHIP, JOURNEYMAN RETRAINING, EDUCATIONAL AND INDUSTRY FUND, CHARITY FUND, AND THE NEW YORK CITY AND VICINITY CARPENTERS LABOR-MANAGEMENT CORPORATION, Index No. COMPLAINT Plaintiffs, -against- THE HANOVER INSURANCE COMPANY, Defendant. Plaintiffs, by their attorneys, Virginia & Ambinder, LLP, allege as follows: THE PARTIES 1. Plaintiffs Trustees of the New York City District Council of Carpenters Pension, Welfare, Annuity, Apprenticeship, Journeyman Retraining and Educational and Industry Fund (the ERISA Funds ) are employer and employee trustees of multiemployer labor-management trust funds organized and operated in accordance with the Employment Retirement Income Security Act ( ERISA ), 29 U.S.C The ERISA Funds maintain their principal place of business at 395 Hudson Street, New York, New York Plaintiffs Trustees of the New York City District Council of Carpenters Charity Fund (the Charity Fund ) are Trustees of a charitable organization established under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3). The Charity Fund maintains its principal place of business at 395 Hudson Street, New York, New York

3 3. Plaintiff New York City and Vicinity Carpenters Labor-Management Corporation is a New York not for profit corporation and maintains its principal place of business at 395 Hudson Street, New York, New York Upon information and belief, Defendant The Hanover Insurance Company ( Hanover ) is a corporation organized under the laws of the State of New Hampshire that maintains an office at 100 Wall Street, 14th Floor, New York, NY 10005, and has its principal place of business at 440 Lincoln Street, Worcester, Massachusetts BACKGROUND 5. At relevant times, Rockmore Contracting Corp. ( Rockmore ) was a party to, or manifested an intention to be bound by, a collective bargaining agreement, project labor agreement and/or participation agreement ( CBA ) with the New York City District Council of Carpenters ( the Union ). 6. The CBA required Rockmore, inter alia, to make specified hourly contributions to the Funds (including amounts for related entities on behalf of which they act as collection agents) in connection with all work performed in the trade and geographical jurisdiction of the Union ( Covered Work ). 7. At all relevant times, Rockmore employed individuals who performed Covered Work. FIRST CAUSE OF ACTION 8. Plaintiffs repeat the allegations set forth in paragraphs 1 through 7 above and incorporate them herein by reference. 9. Hanover issued Bond No ( the Bond ) in connection with a contract between Rockmore and the New York City Department of Design and Construction ( DDC ), 2

4 pursuant to which Rockmore was to perform construction work at 122 Community Center located at st Avenue, New York, NY (Project No. PV )( the Project ). 10. By issuing the Bond, Hanover undertook to become liable for wages and benefit contributions due in connection with labor performed on the Project unless Rockmore promptly paid such compensation. 11. Rockmore performed Covered Work on the Project, but failed to remit contributions to the Funds for that work. 12. Accordingly, pursuant to the terms of the Bond, Defendant is liable to Plaintiffs for delinquent contributions owed by Rockmore in connection with Covered Work performed on the Project in an amount to be determined at trial, plus interest. SECOND CAUSE OF ACTION 13. Plaintiffs repeat the allegations set forth in paragraphs 1 through 12 above and incorporate them herein by reference. 14. Pursuant to New York State Labor Law 220-g, claimants may file suit to recover on a payment bond within one year of the date of the last alleged underpayment. 15. As supplemental benefit funds entitled to receive payments of supplemental benefits on behalf of Rockmore s employees, the Funds are entitled to recover any underpayments for work performed by said employees. 16. Rockmore failed to ensure that supplemental benefit payments were made to the Funds for Covered Work performed by its employees on the Project. 17. Accordingly, pursuant to New York State Labor Law 220-g, Defendant is required to make payment to the Funds for Covered Work performed on the Project in an amount to be determined at trial, plus interest. 3

5 WHEREFORE, Plaintiffs demand judgment: (1) on their First Cause of Action against Defendant for delinquent contributions in an amount to be determined at trial, plus interest thereon; (2) on their Second Cause of Action against Defendant for delinquent contributions in an amount to be determined at trial, plus interest thereon; and (3) granting such other and further relief as the Court may deem just and proper. Dated: New York, New York November 11, 2015 VIRGINIA & AMBINDER, LLP By: /s/ Jonathan Roffe, Esq. Jonathan Roffe, Esq. 40 Broad Street, 7 th Floor New York, New York (212) Attorneys for Plaintiffs 4