FILED: WESTCHESTER COUNTY CLERK 05/07/2012 INDEX NO. 57527/2012 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2012 SUPREME COURT OF TI-IE STATE OF NEW YORK COUNTY OF WESTCHESTER -------------------------------------------------------------------------)( POWER AUTHORITY OF THE STATE OF NEW YORK, SUMMONS -against- Plaintiff, LC MAIN, LLC, GEORGE A. FULLER COMPANY, INC., CAPPELLI ENTERPRISES, INC., THE RITZ-CARLTON HOTEL COMPANY OF NEW YORK, INC., RENAISSANCE CONDOMINIUM PARTNERS, LLC, and TADJER-COHEN-EDELSON ASSOCIATES, INC. Index No. Date Purchased: Plaintiffs Address: 123 Main Street White Plains, New York 10601,Plaintiff designates Westchester County as Place of Trial Defendants. --------------------------------------------------------------------------)( TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiffs attorney an answer to the complaint in this action within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after service is completed if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis for venue designated is the location of Plaintiffs facilities involved in the action pursuant to CPLR 505(a). Dated: White Plains, New York May 7, 2012 Defendants' addresses - see attached page JUDITH C. McCARTHY, ESQ. Executive Vice President and General Counsel for Plaintiff Power Authority of the State of New York By!~,~}-~ Attorney for Plaintiff Power Authority of the State of New York 123 Main Street White Plains, New York 10601 Telephone: (914) 390-8014 Facsimile: (914) 390-8038
Defendants' addresses: LCMAIN,LLC 115 Stevens Avenue Valhalla, New York 10595 GEORGE A. FULLER COMPANY, INC. 115 Stevens Avenue Valhalla, New York 10595 CAPPELLI ENTERPRISES, INC. 115 Stevens Avenue Valhalla, New York 10595 THE RITZ-CARLTON HOTEL COMPANY OF NEW YORK, INC. 112 Central Park South New York, New York 10019 RENAISSANCE CONDOMINIUM PARTNERS, LLC 115 Stevens Avenue Valhalla, New York 10595 TADJER-COHEN-EDELSON ASSOCIATES, INC. 1109 Spring Street #510 Silver Spring, Maryland 20910
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------------)( POWER AUTHORITY OF THE STATE OF NEW YORK, VERIFIED COMPLAINT Plaintiff, -against- LC MAIN, LLC, GEORGE A. FULLER COMPANY, INC., CAPPELLI ENTERPRISES, INC., THE RITZ-CARLTON HOTEL COMPANY OF NEW YORK, INC., RENAISSANCE CONDOMINIUM PARTNERS, LLC, and TADJER-COHEN-EDELSON ASSOCIATES, INC. Index No.: Defendants. --------------------------------------------------------------------------)( Plaintiff Power Authority of the State of New York ("Authority"), by its attorney, JUDITH C. McCARTHY, ESQ., Executive Vice President and General Counsel, as and for its complaint against Defendants, alleges as follows: 1. At all relevant times, the Authority was and now is a political subdivision and corporate instrumentality of the State of New York, operating pursuant to Public Authorities Law 1000 et seq., and has its principal offices at 30 South Pearl Street, Albany, New York 12207. 2. Upon information and belief, at all relevant times, Defendant LC MAIN, LLC ("LC MAIN") was and now is a corporation duly organized and existing pursuant to the laws of the State of New York. LC MAIN was and is duly authorized to transact business in the State of New York and maintains a corporate office at 115 Stevens Avenue, Valhalla, New York 10595. 3. Upon information and belief, at all relevant times, Defendant GEORGE A. FULLER COMPANY, INC. ("FULLER CO.") was and now is a corporation duly organized and existing pursuant to the laws of the State of New York. FULLER CO. was and is duly
authorized to transact business in the State of New York and maintains a corporate office at 115 Stevens Avenue, Valhalla, New York 10595. 4. Upon information and belief, at all relevant times, Defendant CAPPELLI ENTERPRISES, INC. ("CAPPELLI") was and now is a corporation duly organized and existing pursuant to the laws of the State of New York. CAPPELLI was and is duly organized to transact business in the State of New York and maintains a corporate office at 115 Stevens Avenue, Valhalla, New York 10595. 5. Upon information and belief, at all relevant times, Defendant THE RITZ- CARLTON HOTEL COMPANY OF NEW YORK ("RITZ-CARLTON") was and now is a corporation duly organized and existing pursuant to the laws of the State of New York. RITZ CARLTON was and is duly organized to transact business in the State of New York and maintains a corporate office at 112 Central Park South, New York, New York 10019. 6. Upon information and belief, at all relevant times, Defendant RENAISSANCE CONDOMINIUM PARTNERS, LLC ("RENAISSANCE CONDOMINIUM") was and now is a corporation duly organized and existing pursuant to the laws of the State of New York. RENAISSANCE CONDOMINIUM was and is duly organized to transact business in the State of New York and maintains a corporate office at 115 Stevens Avenue, Valhalla, New York 10595. 7. Upon information and belief, at all relevant times, Defendant TADJER- COHEN-EDELSON ASSOCIATES, INC. ("TADJER") was and now is a foreign business corporation, duly created and existing under the laws of Maryland, and duly authorized to conduct business in the State of New York, and having its principal place of business at 1109 Spring Street #510, Silver Spring, Maryland 20910.
8. At all relevant times, the Authority owned and continues to own a 17-floor office building located at 123 Main Street in downtown White Plains ("White Plains Office"). 9. The Authority's White Plains Office is located immediately adjacent to a three building complex situated between Main Street, Hamilton Avenue, and Renaissance Square in downtown White Plains, also known as 221 Main Street ("Ritz-Carlton complex"). 10. Upon information and belief, on March 13,2010, Defendant LC MAIN owned, in whole or in part, the Ritz-Carlton complex. 11. Upon information and belief, on March 13,2010, Defendant LC MAIN leased, in whole or in pmi, the premises known as the Ritz-Carlton complex. 12. Upon information and belief, on March 13,2010, Defendant LC MAIN operated, in whole or in part, the premises known as the Ritz-Carlton complex. 13. Upon information and belief, on March 13, 2010, Defendant FULLER CO. operated, in whole or in part, the premises known as the Ritz-Carlton complex. 14. Upon information and belief, Defendant FULLER CO., or its agent or subcontractor under FULLER CO.' s supervision, was the general contractor who constructed, in whole or in part, the Ritz-Carlton complex, including the Ritz Carlton complex's original roof system. 15. Upon information and belief, Defendant FULLER CO., or its agent or subcontractor under FULLER CO.'s supervision, was the contractor who constructed, in whole or in pmi, the Ritz-Carlton complex, including the Ritz-Carlton complex's original roof system. 16. Upon information and belief, on March 13,2010, Defendant CAPPELLI owned, in whole or in part, the Ritz-Carlton complex.
17. Upon information and belief, on March 13,2010, Defendant CAPPELLI leased, in whole or in part, the premises known as the Ritz-Carlton complex. 18. Upon information and belief, on March 13,2010, Defendant CAPPELLI operated, in whole or in part, the premises known as the Ritz-Carlton complex. 19. Upon information and belief, on March 13,2010, Defendant RITZ-CARLTON owned, in whole or in part, the premises known as the Ritz-Carlton complex. 20. Upon information and belief, on March 13, 2010, Defendant RITZ-CARL TON leased, in whole or in part, the premises known as the Ritz-Carlton complex. 21. Upon information and belief, on March 13, 2010, Defendant RITZ-CARLTON operated, in whole or in part, the premises known as the Ritz-Carlton complex. 22. Upon information and belief, on March 13,2010, Defendant RENAISSANCE CONDOMINIUM owned, in whole or in part, the premises known as the Ritz-Carlton complex. 23. Upon information and belief, on March 13,2010, Defendant RENAISSANCE CONDOMINIUM leased, in whole or in part, the premises known as the Ritz-Carlton complex. 24. Upon information and belief, on March 13,2010, Defendant RENAISSANCE CONDOMINIUM operated, in whole or in part, the premises known as the Ritz-Carlton complex. 25. Upon information and belief, on March 13,2010, Defendant TADJER, or its agent under TADJER's supervision, constructed, in whole or in part, the Ritz-Carlton complex, including the Ritz-Carlton's original roof system.
March 13,2010 26. On the night of March 13,2010, the Authority's White Plains Office Building sustained extensive property damages to the east side of the building, that portion of the building facing the Ritz-Carlton complex. 27. Numerous small stones were blown off the various roof areas of the entire three-building structure known as the Ritz-Carlton complex. Those small stones damaged 125 windows and solar roof panels on the Authority's White Plains Office Building. Many more stones were scattered throughout the Authority's property. 28. The Authority's extensive property damage was caused by the Ritz-Carlton complex's roof system that contained small, decorative ballast, located on all areas and elevations of the Ritz-Carlton's roof system. Decorative roof ballast, the numerous small stones that damaged the Authority's 125 windows and solar panels, is completely inadequate as roofing material, and the risk that such ballast could become airborne was foreseeable. 29. White Plains Building Department Commissioner Damon Amadio, after an inspection following March 13,2010 incident, concluded that the entire Ritz-Carlton complex' roof system "does not meet code." A copy of that March 17, 2010 email is attached hereto as Exhibit A. Mr. Amadio stated that the subject "stone ballast is utilized on every roof of the complex" and that "[b]y code, the roofing system should be able to withstand the affects of 100-110 mph winds." 30. The Authority also examined a copy of a report requested by Commissioner Amadio, prepared by Defendant TADJER entitled March 13, 20 I 0 Ritz Carlton Storm Damage Report. That repoli describes the event as follows: Commencing at approximately 6:30PM on Sunday night March 13th, 2010 a storm caused decorative roof ballast to be seoul'ed fl'om various roof elevations at 221 Main Street, White Plains, NY causing damage to a number [of] windows in the Ritz Carlton hotel complex. The roof ballast supplied by
the roofing contractor does not comply with Specification Section 07560 (Fluid Applied Protected Membrane), Part 2 (Products), paragraph 2.I.K (Stone Ballast).... All scouring and resulting damage to the windows in the complex appears to be a direct result of the high wind conditions associated with this storm. [Emphasis supplied) Portions of that report are attached hereto as Exhibit B. That report concluded that the Ritz- Carlton complex's various roof elevations contained non-code compliant "decorative ballast" and recommended removing and replacing that "decorative ballast." 31. Upon information and belief, the work to correct the defective Ritz-Carlton roof system was completed this past year. 32. Upon information and belief, the work permit that authorized the corrective work performed on the Ritz-Carlton roof system lists Defendant LC MAIN as the owner of the Ritz-Carlton complex and Defendant FULLER as the primary contractor. 33. Upon information and belief, the remediation work on the Ritz-Carlton's roof system required the correction oftwo-thirds of the roof system's surface, or 23,462 square feet out of a total 34,157 total square feet of the complex's roof surface. AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS (Negligence) 34. The Authority repeats, re-alleges and reiterates each and every allegation contained in the above stated paragraphs and incorporates the same as though fhlly set forth herein. 35. DEFENDANTS or their agents were negligent in constructing a roof surface on the Ritz-Carlton complex roof system with improperly sized ballast that violated the applicable building code and/or maintaining that roof surface. 36. DEFENDANTS' negligence caused thousands of stones to become airborne and fly off the various Ritz-Carlton complex's roof elevations, littering the streets below.
37. Those individual stones damaged the Authority's White Plains Office building, requiring the Authority to replace approximately 125 damaged windows and damaged solar roof panels. 38. The Authority's damages were caused as a direct result of DEFENDANTS' negligence, carelessness, recklessness and unlawful conduct. 39. Upon information and belief, the amount of the damages sought herein from DEFENDANTS shall exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction over the Authority's claim. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANTS (Private Nuisance) 40. The Authority repeats, re-alleges and reiterates each and every allegation contained in the above stated paragraphs and incorporates the same as though fully set forth herein. 41. DEFENDANTS' or their agents conduct substantially interfered with the Authority's right to use and enjoy its land by constructing a roof surface on the Ritz-Carlton complex roof system with improperly sized ballast that violated the applicable building code and/or maintaining that roof surface 42. DEFENDANTS' conduct was unreasonable and caused damage to the Authority'S White Plains Office building, requiring the Authority to replace approximately 125 damaged windows and damaged solar roof panels. 43. The Authority's damages were caused as a direct result of DEFENDANTS' negligent conduct in creating a private nuisance.
44. Upon information and belief, the amount of the damages sought herein from DEFENDANTS shall exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction over the Authority's claim. WHEREFORE, the Authority demands judgment against DEFENDANTS in a sum exceeding the jurisdictional limits of all lower courts which might otherwise have jurisdiction over this matter, together with the costs and disbursements of this action, including such other and further relief as to thi s Court seems just and proper. Dated: White Plains, New York May 7, 2012 JUDITH C. McCARTHY, ESQ. Executive Vice President and General Counsel for Plaintiff Power Authority of the State of New York By ~d'ft;!2pr- Attorney for Plaintiff Power Authority of the State of New York 123 Main Street White Plains, New York 10601 Telephone: (914) 390-8014 Facsimile: (914) 390-8038