FILED: NEW YORK COUNTY CLERK 11/11/2014 01:25 PM INDEX NO. 161207/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/11/2014 SUPRENE COURT OF ThE STAE VEJ YORK Date filed: COUNTY OF NEW YORK - K :ndex#: NAJI NASSAR, Plaintiff designates New York County as the Plaintiff, lace of triai -against- The basis of the venue is defendant s principal MACY S, INC. and STRUCTURE TONE INC., place of business To Defendants. the above named Defendant(s) x StThONS Plaintiff resides at: 1708 Woodbine Street Ridgewood, NY 11385 County of Queens YOU ARE HEREBY StJONED 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 Attorney(s) within 20 days after the service of this 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: Plainview, New York November 11, 2014 Defendants Addresses: FRANK J. LAINE, P.C. Attorney for Plaintiff(s) 449 South Oyster Bay Road Plainview, New York 11803 516 937 1010 \ NACY 5, West INC. Stree: -.- ---, k---, STRUCTURE TONE, INC. 70 Broadway 9 Floor New York, New York 10003
Piajntll t, VERIFIED COMPLAINT NAJI NASSAR, -x INC. ( STRUCTURE, was and still is a dcrzescic ccrncra:ion information and belief, the d.efendant, STRUCTURE TONE, 4. That at all times hereinafter mentioned, and upon Scram ccrpcratico authorized cc conduct business in the State of New York. information and belief, the desendant, MACY 5, was and still is a 3. That at all times hereinafter mentioned, and upon under and by virtue of the laws of the State of New York. was and still is a domestic corporation organized and existing information and belief, the defendant, MACY S, INC. ( N\4ACY Sfl, 2. That at all times hereinafter mentioned, and upon City and State of New York. plaintiff was and still is a resident of the County of Queens, I. That at all times hereinafter mentioned, the CAUSE OF ACTION IN FAVOR OF NAJI NASSAR AS AND FOR A FIRST SEPARATE ANT) DISTINCT as follows: complaining of the defendants respectfully sets forth and alleges Plaintiff, by his attorney, FRANK J. LAINE, P.C., K Defendants. MACY S, INC. and STRUCTURE TONE INC., -against Index # COUNTY OF NEW YORK SUPREHE COURT 05 THE STATE OH NEW YORK
5. That at all times hereinafter mentioned, and upon Premises known as Macy s Herald Square, 151 West 34th Street, times hereinafter mentioned, the defendant MACY S maintained the 10. That upon information and belief and at all the Premises known as Macy s Herald Square, 151 West 34th Street, times hereinafter mentioned, the defendant MACY S operated the 9. That upon information and belief and at all the Premises known as Macy s Herald Square, 151 West 34th Street, times hereinafter mentioned, the defendant MACY S managed the 8. That upon information and belief and at all the Premises known as Macy s Herald Square, 151 West 34th Street, times hereinafter mentioned, the defendant MACY S leased the 7. That upon information and belief and at all the premises, known as Macy ts Herald Square, 151 West 34th Street, New York, NY 10001 (hereinafter referred to as Premises ) times hereinafter mentioned, the defendant MACY S owned the 6. That upon information and belief and at all the of New York. a foreign corporation authorized to conduct business in the State information and belief, the defendant, STRUCTURE, was and still is State of New York. organiz.ed and existing under and by virtue of the laws of the
1:. That uor :nfoimat:on and belief and ac ali che cimes hereinafter mentioned, the defendant MACY s conroi1ed he Premises known as Macy s Herald Square, 151 West 34th Stieec, 2. Thac upon intormation and belief and at all the times hereinafter mentioned, the defendant cy s occupied the Premises known as Macy s Herald Square, 151 West 34th Street, 13. That upon information and belief and at all the times hereinafter mentioned, the defendant MACY s acted as the general contractor and/or construction manager for the Premises known as Macy s Herald Square, 151 West 34th Street, 14. That upon information and belief and at all the times hereinafter mentioned, the defendant STRUCTURE managed the Premises known as Macy s Herald Square, 151 West 34th Street, That upon information and belief and at all the times hereinafter mentioned, the defendant STRUCTURE operated the Premises known as Macy s Herald Square, New Yo:k, NY :ooi. 151 West 34th Street, 16. iat.pon information and be1ef and at ali the ties hereinafter mentioned, the rieendnt S: pe maintained the Premises rncwn as Mac s Herald Scuare, 151 West 34th Street, New Yor, NY ODDI.
the Premises known as Macy s Herald Square, 151 West 34th Street, times hereinafter mentioned, the defendant STRUCTURE controlled and/or employees were charged with the duty of keeping the hereinafter mentioned, the defendants, their agents, servants 22. That upon information and belief and at all times performance of construction and/or renovation work at the Premises while in the employ of Marcello Tile. NASSAR, was lawfully on and upon the Premises while engaged in the 21. That on or about July 20, 2013, the plaintiff, NAJI Square, 151 West 34th Street, and/renovation work on and at the Premises known as Macy s Herald the plaintiff, NAJI NASSAR, was lawfully and properly on and upon defendants for the purpose of performing construction the Premises at the expressed and/or implied invitation of the 20. That on July 20, 2013 at approximately 12:15 a.m., known as Macy s Herald Square, 151 West 34th Street, general contractor and/or construction manager for the Premises times hereinafter mentioned, the defendant STRUCTURE was the 19. That upon information and belief and at all the Premises known as Macy s Herald Square, 151 West 34th Street, times hereinafter mentioned, the defendant STRUCTURE occupied the 18. That upon information and belief and at all the 17. That upon information and belief and at all the
owed such a duty to the plaintiff. premises and/or required to work thereat and that the defendants condition, sufficient to protect those lawfully in and about the including loose wheels; in providing an A-frame with defective defects; in providing an A-frame and/or cart that had loose parts in failing to provide an A-frame and/or cart that was free of proper cart, tools and equipment with which to move heavy items; to provide safe and proper A-frame and/or other suitable and a.lia: in failing to properly perform construction work; in failing subcontractors were careless, reckless and/or negligent in, inter defendants, their agents, servants, employees and/or 25 That sometime prior to and on July 20, 2013, the Premises. condition sufficient to protect those lawfully in and about the plaintiff of keeping the involved Premises in a safe and proper subcontractors, breached the duties which they owed to the defendants, their agents, servants, employees and/or 24. That at the time and place aforesaid, the to be crushed against a handrail. roll off of a ramp and then subsequently caused plaintiff s hand to be injured when a dangerous and defective A-Frame was caused to their agents, servants and/or employees, the plaintiff was caused negligence, carelessness and recklessness of the defendants, was lawfully upon the Premises, and solely by reason of the 23. That on or about July 20, 2013, while the plaintiff Premises and the work being performed thereat in a safe and proper
a dangerous and hazardous ramp to exist and remain at a build necessary proper ramps for persons arid materials at a construction site; in causing, allowing, permitting and suffering fail:ng to uroperl repa: and/cl mantan or cause the aforesaid same would cause injuries to those lawfully upon the premises; in allowing same to exist when defendants knew or should have known of said dangerous.nd hazardous condition; in permitting an or failing co cordon off, close off or adequately warn or gi e notice correct and remedy said condition and having failed to do 50; in conditions; in having had sufficient and reasonable time to remain, having been notified of said hazardous and dangerous to exist for a prolonged period of time; in allowing same to dangerous and hazardous condition to exist and remain thereon and from dangerous traps; in permitting, creating and/or allowing a reasonably safe condition; in tailing to keep said location free work thereat; in failing to maintain the aforesaid area in a hire, train and/or supervise the personnel performing construction plaintiff with proper tools and equipment; in failing to properly at a construction site; in tailing to utilize and/or provide the constructed and securely braced and supported to exist and remain allowing and/or suffering a ramp that was not substantially was wide enough to be used safely; in causing, permitting, cleats or other safety devices; in failing to provide a ramp that barricades; failure to provide a ramp with handrails, curbs, conscruccion site; in tailing to prov1e proper barriers and/or wneeis) ; in iairzg to reasonaly and oroperiy construct and
and traplike and nuisance-like condition; in otherwise being be created and allowing to exist a defective, hazardous, dangerous habitable and tenantable condition; in creating and/or allowing to hospital, to his bed and to his home for extended, lengthy and serious and severe pain and suffering; has been confined to the has been rendered sore, sick, lame and disabled with accompanying 28. That as a result of the foregoing, the plaintiff plaintiff contributing thereto. and/or subcontractors without any negligence on the part of the recklessness of the defendants, their agents, servants, employees sustained by the plaintiff as a direct proximate result thereof 27. That the accident complained of and the injuries Premises. hazardous and negligent conditions existing in and about the and/or constructive notice of all the foregoing defective, servants, employees, and/or subcontractors, had written, actual times hereinafter mentioned, the defendants, their agents, 26 That upon information and belief and at all the was due solely and wholly to the negligence, carelessness and 1.22(b), 23-1.22(c), 23-1.28, 23-1.30, 23-2.1 and 23-2.7(e). Industrial Code 23-1.7(d), 23-1.7(e), 23-1.7(f), 23-1.15, 23- Labor Law 200, 240(1) and 241(6> and failure to comply with regulations then and there pertaining including New York State there existing; and in violating the applicable laws, rules, careless, reckless and negligent under the circumstances then and location to be maintained in a reasonably safe and passable,
did necessarily pay and become liable therefore and will hereafter of New York then and there existent among which are: New York ordinances, codes, rules, orders and/or requirements of State, conditions complained of, were in violation of statutes, defendants, failed to comply with, and/or the dangerous 32. That at all times hereinafter mentioned, the force and effect as if fully set forth herein. in paragraphs marked Dl,, through 30 inclusive, with the same part of this cause of action each and every allegation set forth 31. Plaintiff repeats, reiterates and reallege as CAUSE OF ACTION IN FAVOR OF NAJI NASSAR AS AND FOR A SECOND SEPARATE AND DISTINCT which exceed the jurisdictional limits of all Lower Courts. plaintiff has been damaged in the sum of an amount of damages 30. That as a result of the aforementioned, the exceptions set forth in CPLR 1602. 29. This action falls within one or more of the suffered severe and lasting injuries of a permanent nature. mental distress, depression and disturbance; and has otherwise suffered and has been subject to fright, shock, emotional and work and was unable to carry on his usual daily activities; has incur further expenses of a similar nature; has lost time from employ medical, surgical and therapeutic aid and attendance and considerable periods of time; was obliged to and did necessarily
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K516) 937-1010 Plainview, N.Y. 11803 449 S. Oy9ei 3a,r Road FRANK J. LAINE, P.C. November 11, 2014 sated: Plainview, New York Yours, etc., amount of damages which exceed the jurisdictional this Court seems just, equitable and proper. d. for any such other and further relief which to c. for costs and disbursements of this action; b. on the second cause of action, in the sum of an limits of all Lower Courts; limits of all Lower Courts; a. on the first cause of action, in the sum of an be entered against the defendants: amount of damages which exceed the jurisdictional WHEREFORE, the plaintiff, NAJI NASSAR, demands judgment which exceed the jurisdictional limits of all Lower Courts. and plaintiff has been damaged in the sum of an amount of damages 35. That as a result of the aforementioned, the to provide safe, appropriate and proper safety equipment. to provide a safe place to work for the plaintiff and others and Attouieys for Plaintiff subcontractors failed to comply with their non-delegable duties
COUNTY OF NASSAU ss. STATE OF NEW YORK) November 2014 FRANK J. RAINS, 4.:.SQ. Facet Pa : in my file. plaintiff, papers, investigation and other materials contained upon my own knowledge are as follows: conversations with the The grounds of my belief as to all matters not stated than that in which the plaintiff maintains his residence. because your deponent maintains its office in a county other this verification is made by me and not by the plaintiff is and as to those matters I believe them to be true. The reason matters therein stated to be alleged on information and belief, thereof; the same is true to my own knowledge, except as to the foregoing SU4ONS & VERIFIED COMPLAINT and know the contents record for the plaintiff, in the within action, I have read the the courts of New York State, state that I am: the attorney of: I, the undersigned, an attorney admitted to practice in VERIFICATION
- STATE OF NEW YORK, COUNTY OEW YORK Index No. Year NAJI NASSAR, Plaintiff, - against - MACY S, INC. and STRUCTURE TONE INC., Defendants. SUMMONS and VERIFIED COMPLAINT FRANK J. LAINE, P.C. Plaintiff Attornejs)for Office and Post Office Address, Telephone 449 SOUTH OYSTER BAY ROAD PLAINVIEW, NEW YORK 1 1803 (516) 937-1010 -- Signature (Rule 130-1.1-a) PrInt name beneath Service of a copy of the within Is hereby admitted. Attorney(s) for Dated. PLEASE TAKE NOTICE: NOTICE OF ENTRY that the within Is a (certified) true copy of a duly entered in the office of the clerk of the within named court on NOTICE OF SETTLEMENT that an order will be presented for settlement to the HON. within named Court, at on at M. of which the within is a true copy one of the judges of the Dated, Yours, etc, L FRAN.K J. LPJNE, PC.