SUPREME COURT OF THE STATE 0 YORK COUNTY OF QUEENS...------------------- X Index No.: TEODOR TUICAN, Date Filed: Plaintiff designate Queens - against - Plaintiff, County as the place of trial The basis of the venue is Plaintiff's residence SUMMONS 20 WEST 53" 39* STREET LLC, BOARD OF Plaintiff resides at 4339 53ª MANAGERS OF 20 WEST 53 STREET Place, apt. 33, Sunnyside, NY CONDOMINIUM,SH GROUP HOTELS & 11104 RESIDENCES U.S., L.L.C. d/b/a BACCARAT HOTEL RESIDENCES, SH HOTEL GROUP, LLC d/b/a BACCARAT HOTEL & RESIDENCES, ' I ---...----.-..-----------.------.x Defendants. To the above named Defendant(s) 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 this summons, to serve a notice of appearance, on the Plaintiff(s) Attorneys within twenty (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 ou by default for the relief demanded in the complaint. Dated: New York, New York November 30, 2016 DEFENDANT(S) ADDRESS: MAX. LEIF P.C. ' ti6' Attorneys for I tiff 214 Sulliv Stre t, Suite 3-C New r, New ork 10012 e ephone: (212) 334-9699 Our Matter No.: 13244-001 53" 20 WEST STREET LLC
BOARD OF MANAGERS OF 20 WEST 53RD STREET CONDOMINIUM SH GROUP HOTELS & RESIDENCES U.S., L.L.C. d/b/a BACCARAT HOTEL 4 RESIDENCES 53d 20 West 53 Street New York, NY 10019 SH HOTEL GROUP, LLC d/b/a BACCARAT HOTEL & RESIDENCES 53d 20 West 53 Street New York, NY 10019
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QÚEENS ----------------------------------X Index No.: TEODOR TUICAN, Date Filed: Plaintiff, - against - VERIFIED COMPLAINT 53ª 20 WEST STREET LLC, BOARD OF MANAGERS OF 20 WEST 53RD STREET CONDOMINIUM, 88 GROUP HOT ELS & RESIDENCES U.S., L.L.C d/b/a BACCARAT HOTEL & RESIDENCES, SH HOTEL GROUP, LLC d/b/n BACCARAT HOTEL & RESIDENCES, ---------------.------------X Defendants. Plaintiff, by and through his attorneys MAX D. LEIFER, P.C., alleges for his complaint as to all times relevant hereto as follows: 1. Plaintiff is a resident of the State of New York, County of Queens. 2. Upon information and belief, 20 WEST 53RD ("53RD STREET" STREET LLC ("53 STREET") is a corporation duly organized and existing pursuant to the laws of the State of New York. 53"D 3. Upon information and belief, 53 STREET is a foreign corporation duly authorized to do business in the State of New York. 4. Upon information and belief, defendant BOARD OF MANAGERS OF 20 WEST 53RD STREET CONDOMINIUM ("20 WEST") is a corporation duly organized and existing pursuant to the laws of the State of New York. 5. Upon information and belief, 20 WEST is a foreign corporation duly authorized to do business in the State of New York.
6. Upon information and belief, defendant SH OROUP HOTELS & GROUP" RESIDENCES U.S., L.L.C. d/b/a BACCARRAT HOTEL & RESIDENCES ("SH GROUP") is a corporation duly organized and existing pursuant to the laws of the State of New York. 7. Upon information and belief, SH GROUP is a foreign corporation duly authorized to do business in the State of New York. 8. Upon information and belief, defendant SH HOTEL GROUP, LLC d/b/a HOTEL" BACCARAT HOTEL & RESIDENCES ("SH HOTEL") is a corporation duly organized and existing pursuant to the laws of the State of New York. 9. Upon information and belief, SH HOTEL is a foreign corporation duly authorized to do business in the State of New tork. 10. Upon information and belief, defendants were the owner of common areas of premises located at 20 West 53'd "PREMISES" Street, New York, NY (the "PREMISES"). 11. On October 28, 2015, while performing demolition services at the PREMISES, plaintiff was caused to fall off a ladder. 12. As a result, plaintiff was seriously and severely injured. FIRST CAUSE OF ACTION 10. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1-9 of this complaint with the same forth and effect. 11. Defendants violated Section 240(1) of the NYC Labor Law by failing to provide plaintiff with a requisite devices to provide him with proper protection from dangerous conditions while working at the elevation.
12. As a result, plaintiff suffered damages in an amount in excess of the jurisdictional limits of any other court which would otherwise have jurisdiction. SECOND CAUSE OF ACTION 13. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1-12 of this complaint with the same forth and effect, 14. The defendants were in violation of Section 241(6) of the NYS Labor Law generally in negligently, recklessly and carelessly failing to provide reasonable and adequate protection and safety to plaintiff while he was working at the PREMISES. 15. Plaintiff was in no respect negligent with respect to the above occurrence or resulting injuries. 16. As a result, plaintiff suffered damages in an amount in excess of the jurisdictional limits of any other court which would otherwise have jurisdiction. THIRD CAUSE OF ACTION 17. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1-16 of this complaint with the same forth and effect. 18. Defendants violated Section 200 of the NYS Labor Law in generally and negligently failing to provide reasonable and adequate protection of the plaintiff. 19. Plaintiff was in no respect negligent with respect to the above occurrence or resulting injuries. 20. As a result, plaintiffsuffered damages in an amount in excess of the jurisdictional limits of any other court which would otherwise have jurisdiction.
FOURTH CAUSE OF ACTION 21. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1-20 of this complaint with the same forth and effect. 22. Defendants were negligent, careless and reckless among other things, in allowing a dangerous condition to exist and failing to warn plaintiff of the existence of same. 23. Plaintiff was in respect negligent to the above occurrence or resulting injuries. 24. As a result, plaintiff suffered damages in an amount in excess of the jurisdictional limits of any other court which would otherwise have jurisdiction. WHEREFORE, plaintiff demands judgment against defendants in amount in excess of the jurisdictional amounts of any other court which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: New York, New York November 28, 2016 EIF P.C. Attorneys Pl tiff 214 Sullivan et, Suite 3C New York, 10012 (212) 334-9 9 Our Ma o.: 13244-001
STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) MAX D. LEIFER, being duly sworn, deposes and says: I am an attorney admitted to practice in the Courts of the State of New York, and say that I am the attorney of record, or of counsel with the attorney(s) of record, for PLAINTIFF. 1 have read the annexed COMPLAINT and 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 therein not stated upon knowledge, is based upon the following: Information contained in the files of PLAINTIFF'S attorneys. The reason I make this affirmation instead of PLAINTIFF is that PLAINTIFF does not reside within the County where deponent has his offices. I affirm that the foregoing statements are true under penalties of perjury. Dated: New York, New York November 30, 2016 F
Index No.: SUPREME COURT OF THE 8TATE OF NEW YORK COUNTY OF QUEENS TEODOR TUICAN, Plaintiff, - against - 20 WEST 53RD MANAGERS OF 20 WEST STREET LLC, BOARD OF 53" STREET CONDOMINIUM, SH GROUP HOTELS & RESIDENCES U.S., L.L.C. d/b/a BACCARAT HOTEL & RESIDENCES, SH HOTEL GROUP, LLC d/b/a BACCARAT HOTEL & RESIDENCES, Defendants. SUMMONS AND VERIFIED COMPLAINT MAX D. LEIFER, P.C. Attorneys for Plaintiff 214 Sullivan Street, Sulte 3C New York, New York 10012 Tel: Fax: (212) 334-9699 (212) 966-9544 Our Matter No.: 13244-001 S
<" FILED : QUli 4NS COUNTY 2RK 03 /20 /2017 12 : 39 INDEX NO. 714264/;016 PM NYSCEF DOC. NC 13 RECEIVED NYSCEF: 03/20/;017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS TEODOR TUICAN and CONSTANTA TUICAN, Index No,: 714264/16 Plaintiffs, Plaintiffs designate Queens County as the place of trial. -against- SECOND SUPPLEMENTAL SUNSHINE INSURANCE GROUP COMPANY SUMMONS LIMITED, SUNFLOWER AMERICAN CAPITAL LTD., VIII-HOTEL II TB INVESTORS, LLC, The basis of venue is: BACCARAT NEW YORK LLC, BOARD OF Plaintiffs place of Residence. MANAOERS OF 20 WEST 53d STREET CONDOMINIUM, SH GROUP HOTELS & Plaintiffs reside at: RESIDENCES U.S. LLC, 43-39 39* Place, Apt. 33, Sunnyside, NY 11106 Defendants. County of Queens You are hereby summoned to answer the amended complaint in this action, and to serve a copy of your answer or, if the amended complaint is not served with this supplemental summons, to serve a notice of appearance on the plaintiffs' attorneys within twenty days after the service of this supplemental summons exclusive of the day of service where service is made by delivery upon you personally within the state, or within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the amended complaint. Dated: New York, New York March 20, 2017 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO PC, B~+ c K. Sc Attomeys for PTiiintilTs Office and P.O. Address 120 Broadway - 185 Floor New York, New York 10271 (212) 732-9000 1 of 2
' FILED : QUE! NS ~ COUNTY 3RK ~RK 03 /20 (2017 12 : 39 INDEX NO. 714264/2316 Ph$ NYSCEF DOC, NO. 13 RECEIVED NYSCEF: 03/20/2317 Defendants addresses: Sunshine Insurance Group AND Sunshine Insurance Group Company Limited Contpany Limited 31 West 52,"dStreet 28 West 53rd Street New York, NY 10019 New York, NY 10019 Sunflower American Capital Ltd. 31 52nd West Street New York, NY 10019 VIII-Hotel II TB Investors, LLC 111 Eighth Avenue New York, NY 10011 Baccarat New York LLC 80 State Street Albany, NY 12207 Board of Managers of 20 West 53rd Street Condominium 20 West 53rdStreet New York, NY 10019 SH Group Hoteh & Residences AND SHGroup Hotels & Residemes U.S. LLC d/b/a Baccarat Hotel & U.S. LLC d/b/a Baccarat Hotel & Residences Residences 53rd 111 Eighth Avenue 20 West Street New York, NY 10011 New York, NY 10019 2 of 2
[FILED : QUU:NS COUNTY ~ERK P INDEX NO. 714264 /; 016 NYSCEF DOC. NC 14 RECEIVED NYSCEF: 03/20/1017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS..------...-------------------------------...--------------------X Index No.: 714264/16 TEODOR TUICAN and CONSTANTA TUICAN, -against- Plaintiffs, SECOND AMENDED VERIFIED COMPLAINT SUNSHINE INSURANCE GROUP COMPANY LIMITED, SUNFLOWER AMERICAN CAPITAL LTD., VIII-HOTEL II TB INVESTORS, LLC, BACCARAT NEW YORK LLC, 53'd.BOARD OF MANAGERS OF 20 WEST STREET CONDOMINIUM, SH GROUP HOTELS & RESIDENCES U.S. LLC, ----....----------------.-----------------------------------X Defendants. Plaintiffs, TEODOR TUICAN and CONSTANTA TUICAN, by their attorneys, Sullivan Papain Block McGrath 4 Cannavo, P.C., as and for a Second Amended Verified Complaint, set forth and allege, upon information and belief, at all times hereinafter mentioned: FIRST CAUSE OF ACTION As to vefendant SUNSHINE INSURANCE GROUP COMPANY LIMITED. At all times herein mentioned, defendant SUNSHINE INSURANCE GROUP "SUNSHINE" COMPANY LIMITED, (hereinafter referred to as "SUNSHINE"), was a foreign limited liability company organized under the laws of China. 2. At all times herein mentioned, defendant SUNSHINE was a foreign limited liability company organized under the laws of the State of Delaware. 3. At all times herein mentioned, defendant SUNSHINE was a foreign limited liability company authorized to conduct business in the State of New York. 4. At all times herein mentioned, defendant SUNSHINE maintained offices located at 31 West 52nd Street, New York, New York 10019. 1 of 55
FILED : QUE ) NS COUNTY LuERK 03(20 (2017 INDEX NO. 714264/2)16 12 : 39 PM) NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/20/2 )17 5. At all times herein mentioned, defendant SUNSHINE transacted business in the State of New York. 6. At all times herein mentioned, defendant SUNSHINE derived substantial revenue from goods used or consumed or services rendered in the State of New York. 7. At all times herein mentioned, defendant SUNSHINE regularly solicited business in the State of New York. 8. At all times herein mentioned, defendant SUNSHINE expected, or should have reasonably expected, its acts to have consequences in the State of New York. 9. Prior to and on October 28, 2015, defendant SUNSHINE committed a tortuous act within the State of New York causing injury to plaintiffs, TEODOR TUICAN and CONSTANTA TUICAN. 10, Prior to and on October 28, 2015, defendant SUNSHINE committed a tortuous act outside the State of New York causing injury to plaintiffs, TEODOR TUICAN and CONSTANTA TUICAN. 11, Prior to and on October 28, 2015, defendant SUNSHINE was a foreign limited liability company in the business of operating a HOTEL OWNER in the City and State of New York. 12. Prior to and on October 28, 2015, defendant SUNSHINE owned the premises located at 28 West 53d Street, New York, New York 10019 ("the premises"). 13, Prior to and on October 28, 2015, defendant SUNSHINE leased the premises. 1 4. Prior to and on October 28, 2015, defendant SUNSHINE operated the premises. 15. Prior to and on October 28, 2015, defendant SUNSHINE managed the premises. 2 2 of 55
FILED : QUE LNS COUNTY LuERK 03/20/2017 12 INDEX : 39 NO. 714264/2716 PM NYSCEF DOC. No. 14 RECEIVED NYSCEF: 03/20/2)17 16. Prior to and on October 28, 2015, defendant SUNSHINE maintained the premises. 17. Prior to and on October 28, 2015, defendant SUNSHINE controlled the premises. 18. Prior to and on October 28, 2015, plaintiff TEODOR TUICAN was employed by Transition Management Corporation. 19. Prior to and on October 28, 2015, plaintiff TEODOR TUICAN was employed by Transition Management Corporation as a mechanical engineer. 20. Prior to and on October 28, 2015, defendant SUNSHINE entered into a property management agreement relative to the Baccarat Hotel located upon the premises. 21. On October 28, 2015 defendant SUNSHINE, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to perform certain work, labor, and/or services upon the premises. 22. On October 28, 2015 defendant SUNSHINE, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to perform demolition work upon the premises. 23. On October 28, 2015 defendant SUNSHINE, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to demolition a concrete wall located within the premises in order to access a broken air conditioning unit. 24. On October 28, 2015 defendant SUNSHINE, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to demolition a concrete wall located within the premises in order to access a broken air conditioning unit that could not otherwise be accessed without demolition of the concrete wall (hereinafter referred to as "the subject demolition work"). 3 3 af 55
FILED : QUE LNdi COUNTY udrk 03(20(2017 12 : 39 PM INDEX NO. 714264/2)16 NYSCEF DOC, NO, 14 RECEIVED NYSCEF: 03/20/2)17 25. Plaintiff, TEODOR TUICAN, sustained severe and permanent personal injuries while performing the subject demolition work on October 28, 2015. 26. The subject demolition work plaintiff TEODOR TUICAN was performing upon the premises on October 28, 2015 qualified for the protections afforded by the New York State Labor Laws. 27, The subject demolition work plaintiff TEODOR TUICAN was performing upon the premises on October 28, 2015 qualified for the protections afforded by the New York State Labor Laws, including sections 200, 240(1) and 241(6) thereof. 28. That at all times herein mentioned, defendant SUNSHINE, itself, and through its agents, servants and/or employees, supervised the subject demolition work. 29. That at all times herein mentioned, defendant SUNSHINE, itself, and though its agents, servants and/or employees, had the authority to supervise the subject demolition work. 30. That on or about October 28, 2015, plaintiff TEODOR TUICAN was lawfully present upon the premises. 31. That on or about October 28, 2015, and for a period of time prior thereto, there existed dangerous, defective, hazardous, unguarded, unprotected, unsupervised, and unsafe conditions at the premises. 32. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the dangerous, defective, hazardous, unguarded, unprotected, unsupervised, and unsafe conditions existing at the construction site. 33. That at all times herein mentioned, it was the duty of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to maintain the premises and the work, 4 4 of 55
FILED : QUE NS COUNTY L-dRK 03(20/2017 INDEX NO. 714264/2')16 12:39 PM NYSCEF DOC. NO, 14 RECEIVED NYSCEF: 03/20/2)17 labor, and services performed thereat, in a reasonably safe, suitable and adequate condition and repair. 34. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNSHINE, itself, and through its agents, servants and/or employees, failed to maintain the premises and the work, labor, and services performed thereat, in a reasonably safe, suitable and adequate conditionandrepair. 35. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to maintain the premises and the work, labor,and services performed thereat, in a reasonably safe, suitable and adequate condition and repair. 36. That at all times herein mentioned, it was the duty of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to provide for the safety, protection, and well-being of persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 37. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNSHINE, itself, and through its agents, servants and/or employees, failed to provide for the safety, protection, and well-being of persons lawfully working upon thepremises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 38. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNSHINE, 5 5 of 55
INDEX FILED : QUE hns COUNTY LARK 03(20(2017 NO. 714264/2')16 12:39 PN NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/20/2317 itself, and through its agents, servants and/or employees, to provide for the safety, protection, and well-being of persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 39. That at all times herein mentioned, it was the duty of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to provide a reasonably safe place to work for persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject. demolition work. 40. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNSHINE, itself, and through its agents, servants and/or employees, failed to provide a reasonably safe place to work for persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work, 41. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to provide a reasonably safe place to work for persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 42, That at all times herein mentioned, and on or about October 28, 2015, it was the duty of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to provide and/or ensure the use of reasonable safe, suitable, and adequate safety equipment, 6 6 of 55
FILED : QUE! NS COUNTY L-sRK~RK 03/20/2017 12: 39 INDEX NO. 714264/2 316 PM NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/20/2317 safeguards, apparatus, and/or instrumentalities for use in conjunction with work being performed at the premises, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 43. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNSHINE, itself, and through its agents, servants and/or employees, failed to provide and/or ensure the use of reasonable safe, suitable, and adequate safety equipment, safeguards, apparatus, and/or instrumentalities for use in conjunction with work being performed at the premises, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 44. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to provide and/or ensure the use of reasonable safe, suitable, and adequate safety equipment, safeguards, apparatus, and/or instrumentalities for use in conjunction with subject demolition work being performed by plaintiff TEODOR TUICAN. 45. That at all times herein mentioned, and on or about October 28, 2015, it was the duty of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to maintain the premises and the work, labor, and services performed thereat in a reasonable safe, suitable, and adequate condition and repair. 46. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNSHINE, itself, and through its agents, servants and/or employees, failed to maintain the premises and the work,.labor, and services performed thereat in a reasonable safe, suitable, and adequate condition and repair, 7 7 of 55
FILED : QUE NS COUNTY odrk 03/20(2017 INDEX 12:39 NO. 714 2 6 4 / 2')16 PM NYSCEF DOC. NO 14 RECEIVED NYSCEF: 03/20/2)17 47. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to maintain the premises and the work, labor, and services performed thereat in areasonable safe, suitable, and adequate condition and repair. 48. That at all times herein mentioned, and on or about October 28, 2015, it was the duty of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to / provide for the safety, protection, and well-being of persons lawfully working upon the premises, including plaintiff TEODOR TUICAN in the performance of the subject demolition work, in violation of the Labor Law of the State ofnew York. 49, That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNSHINE, itself, and through its agents, servants and/or employees, failed to provide a reasonable safe place to work for persons lawfully working upon the construction site, in violation of the Labor Law of the State of New York. 50. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNSHINE, itself, and through its agents, servants and/or employees, to provide a reasonable safe place to work for persons lawfully working upon the construction site, in violation of the Labor Law of the State of New York. 51. That defendant SUNSHINE, itself, and through its agents, servants and/or employees, violated sections 200, 240(1), and 241(6) of the Labor Law of the State of New York, as well as sections 12 NYCRR 23 including but not limited to 23-1.5, 23-1.6, 23-1.7, 23-1.8, including but not limited to 23-1.8(c)(1). 8 8 of 55
FILED : QUE NS COUNTY werk 03(20(2017 12:39 INDEX NO. 714264/2316 P1% NYSCEF DOC. NO 14 RECEIVED NYSCEF: 03/20/2)17 52. That by reason of the foregoing, plaintiff, TEODOR TUICAN, suffered severe and permanent personal injuries. 53, That the foregoing accident was caused by reason of the carelessness, negligence, and wanton and willful disregard by defendant SUNSHINE, itself, and through its agents, servants and/or employees, without any negligence on the part of the plaintiff, TEODOR TUICAN, contributing thereto. 54. This action falls within one or more of the exceptions set forth in CPLR 1602, 'I 55. Pursuant to CPLR 1602(2)(iv), defendant SUNSHINE is jointly and severally plaintiffs' liable for all of damages, including but not limited to plaintiffs' non-economic loss, irrespective of the provisions of the CPLR l 601, by reason of the fact that defendant SUNSH1NE owed plaintiff a non-delegable duty of care. 56. Pursuant to 1602(7), defendant SUNSHINE is jointly and severally liable for all of plaintiffs' damages, including but not limited to plaintiffs' non-economic loss, irrespective of the provisions of the CPLR l601, by reason of the fact that defendant SUNSHINE acted with reckless disregard of the safety of others. 57. Pursuant to l602(2)(iv), defendant SUNSHINE is jointly and severally liable for all of plaintiffs' damages, including but not limited to plaintiff's non-economic loss, irrespective of the provisions of the CPLR 1601, by reason of the fact that defendant SUNSHINE is vicariously plaintiffs' liable for the negligent acts and omissions of others who caused or contributed to damages. 58. Pursuant to CPLR 1602(4), defendant SUNSHINE is jointly and severally liable for all of plaintiffs' damages, including in addition, the equitable share of any person or entity 9 9 of 55
FILED : QUE! NS COUNTY uerk 03/20 (2017 12 : 39 P1 INDEX NO. 714264 /2 )16 NYSCEF DOC. NO 14 RECEIVED NYSCEF: 03/20/2 )17 against whom plaintiffs are barred from asserting a cause of action because of the applicability of the Workers Compensation Law. 59. Pursuant to CPLR 1602(8), defendant SUNSHINE is jointly and severally liable for all of plaintiffs' damages, including but not limited to plaintiffs' non-economic loss, irrespective of the provisions of CPLR 1601, by reason of the fact that defendant SUNSHINE is liable pursuant to Article 10 of the Labor Law. SECOND CAUSE OF ACTION As to defendant SUNFLOWER AMERICAN CAPITAL LTD 60. At all times herein mentioned, defendant SUNFLOWER AMERICAN CAPITAL "SUNFLOWER" LTD., (hereinafter referred to as "SUNFLOWER"), the State of Delaware. 61. At all times herein mentioned, defendant SUNFLOWER was a foreign limited liability company authorized to conduct business in the State of New York. 62. At all times herein mentioned, defendant SUNFLOWER maintained offices located at 31 West 52"d Street, New York, New York 10019. 63. At all times herein mentioned, defendant SUNFLOWER transacted business in the State of New York. 64, At all times herein mentioned, defendant SUNFLOWER derived substantial revenue from goods used or consumed or services rendered in the State of New York. 65. At all times herein mentioned, defendant SUNFLOWER regularly solicited business in the State of New York. 66, At all times herein mentioned, defendant SUNFLOWER expected, or should have reasonably expected, its acts to have consequences in the State ofnew York. 10 10 of 55
FILED ~ : QUE MNS COUNTY wjrk 03(20 /2017 12 : 39 INDEX NO. 714264/2016 PBS NYSCEF DOC, NO. 14 RECEIVED NYSCEF: 03/20/2017 67. Prior to and on October 28, 2015, defendant SUNFLOWER committed a tortuous act within the State of New York causing injury to plaintiffs, TEODOR TUICAN and CONSTANTA TUICAN. 68. Prior to and on October 28, 2015, defendant SUNFLOWER committed a tortuous act outside the State of New York causing injury to plaintiffs, TEODOR TUICAN and CONSTANTA TUICAN, 69. Prior to and on October 28, 2015, defendant SUNFLOWER was a foreign limited.. liability company in the business of operating a HOTEL OWNER in the City and State ofnew York. 70, Prior to and on October 28, 2015, defendant SUNFLOWER owned the premises. 71. Prior to and on October 28, 2015, defendant SUNFLOWER leased the premises. 72. Prior to and on October 28, 2015, defendant SUNFLOWER operated the premises. 73. Prior to and on October 28, 2015, defendant SUNFLOWER managed the premises. 74, Prior to and on October 28, 2015, defendant SUNFLOWER maintained the premises. 75. Prior to and on October 28, 2015, defendant SUNFLOWER controlled the premises. 76. Prior to and on October 28, 2015, plaintiff TEODOR TUICAN was employed by Transition Management Corporation. 77, Prior to and on October 28, 2015, plaintiff TEODOR TUICAN was employed by Transition Management Corporation as a mechanical engineer. 11 ll of 55
FILED : QUE bns COUNTY werk 03f20(2017 12 : 39 PM INDEX NO. 714264/2316 NYSCEF DOC. NO 14 RECEIVED NYSCEF: 03/20/2317 78. Prior to and on October 28, 2015, defendant SUNFLOWER entered into a property management agreement relative to the Baccarat Hotel located upon the premises. 79. On October 28, 2015 defendant SUNFLOWER, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to perform certain work, labor, and/or services upon the premises. 80. On October 28, 2015 defendant SUNFLOWER, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to perform demolition work 1 upon the premises. 81. On October 28, 2015 defendant SUNFLOWER, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to demolition a concrete wall located within the premises in order to access a broken air conditioning unit. 82. On October 28, 2015 defendant SUNFLOWER, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to demolition a concrete wall located within the premises in order to access a broken air conditioning unit that could not otherwise be accessed without demolition of the concrete wall (hereinafter referred to as "the subject demolition work"). 83. Plaintiff, TEODOR TUICAN, sustained severe and permanent personal injuries while performing the subject demolition work on October 28, 2015. 84. The subject demolition work plaintiff TEODOR TUICAN was performing upon the premises on October 28, 2015 qualified for the protections afforded by the New York State Labor Laws. 12 12 of 55
FILED ~ : QUE! NS COUNTY e-erk 03(20 /2017 12 INDEX : 39 NO. 714264/2716 PM NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/20/2)17 85. The subject demolition work plaintiff TEODOR TUICAN was performing upon the premises on October 28, 2015 qualified for the protections afforded by the New York State Labor Laws, including sections 200, 240(1) and 241(6) thereof. 86. That at all times herein mentioned, defendant SUNFLOWER, itself, and through its agents, servants and/or employees, supervised the subject demolition work. 87. That at all times herein mentioned, defendant SUNFLOWER, itself, and though its agents, servants and/or employees, had the authority to supervise the subject demolition work. 88. That on or about October 28, 2015, plaintiff TEODOR TUICAN was lawfully present upon the premises. 89. That on or about October 28, 2015, and for a period of time prior thereto, there existed dangerous, defective, hazardous, unguarded, unprotected, unsupervised, and unsafe conditions at the premises. 90. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the dangerous, defective, hazardous, unguarded, unprotected, unsupervised, and unsafe conditions existing at the construction site. 91. That at all times herein mentioned, it was the duty of defendant SUNFLOWER, itself, and through Its agents, servants and/or employees, to maintain the premises and the work, labor, and services performed thereat, in a reasonably safe, suitable and adequate condition and repair. 92. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNFLOWER, itself, and through its agents, servants and/or employees, failed to maintain the premises and the work, labor, and services performed thereat, in a reasonably safe, suitable and adequate condition and repair. 13 13 of 55
FILED : QUE NS COUNTY u-2rk 03(20 /2017 INDEX NO. 714264/2316 12 : 39 PM) NYSCEF DOC. NO, 14 RECEIVED NYSCEF: 03/20/2317 93. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to maintain the premises and the work, labor, and services performed thereat, in a reasonably safe, suitable and adequate condition and repair. 94. That at all times herein mentioned, it was the duty of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to provide for the safety, protection, I and well-being of persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 95. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNFLOWER, itself, and through its agents, servants and/or employees, failed to provide for the safety, protection, and well-being of persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 96. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to provide for the safety, protection, and well-being of persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 97, That at all times herein mentioned, it was the duty of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to provide a reasonably safe place to 14 14 of 55
FILED : QUE UNS COUNTY,ERK 03(20(2017 12:39 INDEX NO. 714264/2016 Ph, NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/20/2317 work for persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 98. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNFLOWER, itself, and through its agents, servants and/or employees, failed to provide a reasonably safe place to work for persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR I TUICAN in the performance of thesubjectdemolition work. 99. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to provide a reasonably safe place to work for persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work, 100. That at all times herein mentioned, and on or about October 28, 2015, it was the duty of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to provide and/or ensure the use of reasonable safe, suitable, and adequate safety equipment, safeguards, apparatus, and/or instrumentalities for use in conjunction with work being performed at the premises, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 101. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNFLOWER, itself, and through its agents, servants and/or employees, failed to provide and/or ensure the use of reasonable safe, suitable, and adequate safety equipment, 15 15 oz 55
FILED : QUE ) NS COUNTY w-,erk 03/20 /2017 12 : 39 INDEX NO. 714264/2716 Pl NYSCEF DOC. NO 14 RECEIVED NYSCEF: 03/20/2)17 safeguards, apparatus, and/or instrumentalities for use in conjunction with work being performed at the premises, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 102. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to provide and/or ensure the use of reasonable safe, suitable, and adequate safety equipment, safeguards, apparatus, and/or instnunentalities for use in conjunction with subject demolition work being performed by plaintiff TEODOR TUICAN. 103, That at all times herein mentioned, and on or about October 28, 2015, it was the duty of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to maintain the premises and the work, labor, and services performed thereat in a reasonable safe, suitable, and adequate condition and repair. 104. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNFLOWER, itself, and through its agents, servants and/or employees, failed to maintain the premises and the work, labor, and services performed thereat in a reasonable safe, suitable, and adequate condition and repair..105. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to maintain the premises and the work, labor, and services performed thereat in a reasonable safe, suitable, and adequate condition and repair. 16 16 of 55
~ FILED : QUE LNS COUNTY drk 03(20 /2017 12 : 39 PM INDEX No. 714264/2316 NYSCEF DOC. NO 14 RECEIVED NYSCEF: 03/20/2317 106. That at all times herein mentioned, and on or about October 28, 2015, it was the duty of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to provide for the safety, protection, and well-being of persons lawfully working upon the premises, including plaintiff TEODOR TUICAN in the performance of the subject demolition work, in violation of the Labor Law of the State of New York. 107. That on or about October 28, 2015, and for a period of time prior thereto, defendant SUNFLOWER, itself, and through its agents, servants and/or employees, failed to provide a reasonable safe place to work for persons lawfully working upon the construction site, in violation of the Labor Law of the State of New York. 108, That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the failure of defendant SUNFLOWER, itself, and through its agents, servants and/or employees, to provide a reasonable safe place to work for persons lawfully working upon the construction site, in violation of the Labor Law of the State of New York. 109. That defendant SUNFLOWER, itself, and through its agents, servants and/or employees, violated sections 200, 240(1), and 241(6) of the Labor Law of the State of New York, as well as sections 12 NYCRR 23 including but not limited to 23-1.5, 23-1.6, 23-1.7, 23-1.8, including but not limited to 23-1.8(c)(1), 110. That by reason of the foregoing, plaintiff, TEODOR TUICAN, suffered severe and permanent personal injuries. 11 l. That the foregoing accident was caused by reason of the carelessness, negligence, and wanton and willful disregard by defendant SUNFLOWER, itself, and through its agents, 17 17 of 55
FILED : QUE?NS COUNTY t,u ~ p INDEX NO, 714264/2316 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/20/2)17 servants and/or employees, without any negligence on the part of the plaintiff, TEODOR TUICAN, contributing thereto. 112. This action falls within one or more of the exceptions set forth in CPLR 1602, 113. Pursuant to CPLR l602(2)(iv), defendant SUNFLOWER is jointly and severally liable for all of plaintiffs' damages, including but not limited to plaintiffs' non-economic loss, irrespective of the provisions of the CPLR 1601, by reason of the fact that defendant $UNFLOWER owed plaintiff a non-delegable duty of care. 114. Pursuant to 1602(7), defendant SUNFLOWER is jointly and severally liable for all of plaintiffs' damages, including but not limited to plaintiffs' non-economic loss, irrespective of the provisions of the CPLR 1601, by reason of the fact that defendant SUNFLOWER acted with reckless disregard of the safety of others. 115. Pursuant to l 602(2)(iv), defendant SUNFLOWER is jointly and severally liable for all of plaintiffs' damages, including but not limited to plaintiffs non-economic loss, irrespective of the provisions of the CPLR 1601, by reason of the fact that defendant SUNFLOWER is vicariously liable for the negligent acts and omissions of others who caused or contributed to plaintiffs' damages, 116. Pursuant to CPLR 1602(4), defendant SUNFLOWER is jointly and severally liable for all of plaintiãs' plaintiffs' damages, including in addition, the equitable share of any person or entity against whom plaintiffs are barred from asserting a cause of action because of the applicability of the Workers Compensation Law, 117, Pursuant to CPLR l602(8), defendant SUNFLOWER is jointly and severally liable for all of plaintiffs' damages, including but not limited to plaintiffs' non-economic loss, 18 18 of 55
FILED : QUE ENS COUNTY werk 03(20 (2017 12 : 39 PN INDEX NO. 714264/2016 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/20/2317 irrespective of the provisions of CPLR 1601, by reason of the fact that defendant SUNFLOWER is liable pursuant to Article 10 of the Labor Law. THIRD CAUSE OF ACTION As to defendant VHI-HOTEL H TB INVESTORS, LLC 118. At all times herein mentioned, defendant VIII-HOTEL II TB INVESTORS, LLC, INVESTORS" (hereinafter referred to as "VIII-HOTEL INVESTORS"), was a foreign limited liability company organized under the laws of the Delaware. 119. At all times herein mentioned, defendant VIII-HOTEL INVESTORS was a foreign limited liability company authorized to conduct business in the State of New York. 120. At all times herein mentioned, defendant VIII-HOTEL INVESTORS maintained offices located at 111 Eighth Avenue, New York, New York 10011. 121, At all times herein mentioned, defendant VIII-HOTEL INVESTORS transacted business in the State of New York. 122. At all times herein. mentioned, defendant VIII-H.OTEL INVESTORS derived substantial revenue from goods used or consumed or services rendered in the State of New York. 123. At all times herein mentioned, defendant VIII-HOTEL INVESTORS regularly solicited business in the State of New York. 124. At all times herein mentioned, defendant VIII-HOTEL INVESTORS expected, or should have reasonably expected, its acts to have consequences in the State of New York. 125. Prior to and on October 28, 2015, defendant VIII-HOTEL INVESTORS committed a tortuous act within the State of New York causing injury to plaintiffs, TEODOR TUICAN and CONSTANTA TUICAN. 19 19 of 55
~ FILED : QUE ) NS COUNTY uerk 03/20(2017 12 : 39 INDEX NO. 714264/2)16 PN NYSCEF DOC. NO 14 RECEIVED NYSCEF: 03/20/2)17 126, Prior to and on October 28, 2015, defendant VIII-HOTEL INVESTORS committed a tortuous act outside the State of New York causing injury to plaintiffs, TEODOR TUICAN and CONSTANTA TUICAN. 127. Prior to and on October 28, 2015, defendant VIII-HOTEL INVESTORS was a foreign limited liability company in the business of operating a hotel in the City and State of New York. 128. Prior to and on October 28, 2015, defendant VIII-HOTEL INVESTORS owned.. the premises. 129. Prior to and on October 28, 2015, defendant VIII-HOTEL INVESTORS leased the premises. 130, Prior to and on October 28, 2015, defendant VIII-HOTEL INVESTORS operated the premises. 131. Prior to and on October 28, 2015, defendant VIII-HOTEL INVESTORS managed the premises. 132. Prior to and on October 28, 2015, defendant VIII-HOTEL INVESTORS maintained the premises. 133. Prior to and on October 28, 2015, defendant VIII-HOTEL INVESTORS controlled the premises. 134. Prior to and on October 28, 2015, plaintiff TEODOR TUICAN was employed by Transition Management Corporation. 135. Prior to and on October 28, 2015, plaintiff TEODOR TUICAN was employed by Transition Management Corporation as a mechanical engineer. 20 20 of 55
FILED : QUE ENs COUNTY werk 03(20 /2017 12 : 39 PM INDEX NO. 714264/2316 NYSCEF DOC. NO, 14 RECEIVED NYSCEF: 03/20/2317 136, Prior to and on October 28, 2015, defendant VIII-HOTEL INVESTORS entered into a property management agreement relative to the Baccarat Hotel located upon the premises. 137. On October 28, 2015 defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to perform certain work, labor, and/or services upon the premises. 138. On October 28, 2015 defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to perform demolition work upon the premises, 139, On October 28, 2015 defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to demolition a concrete wall located within the premises in order to access a broken air conditioning unit, 140. On October 28, 2015 defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, instructed plaintiff TEODOR TUICAN to demolition a concrete wall located within the premises in order to access a broken air conditioning unit that could not otherwise be accessed without demolition of the concrete wall (hereinafter referred to as "the subject demolition work"), 141, Plaintiff, TEODOR TUICAN, sustained severe and permanent personal injuries while performing the subject demolition work on October 28, 2015. 142. The subject demolition work plaintiff TEODOR TUICAN was performing upon the premises on October 28, 2015 qualified for the protections afforded by the New York State Labor Laws,.Laws. 21 21 of 55
[FILED : QUE?NS COUNTY w RK 03 f 20(2017 12 : 39 PM INDEX NO. 714264/2316 NYSCEF DOC. NO 14 RECEIVED NYSCEF: 03/20/2)17 143. The subject demolition work plaintiff TEODOR TUICAN was performing upon the premises on October 28, 2015 qualified for the protections afforded by the New York State Labor Laws, including sections 200, 240(1) and 241(6) thereof. 144. That at all times herein mentioned, defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, supervised the subject demolition work. 145. That at all times herein mentioned, defendant VIII-HOTEL INVESTORS, itself, and though its agents, servants and/or employees, had the authority to supervise the subject II demolition work. 146. That on or about October 28, 2015, plaintiff TEODOR TUICAN was lawfully present upon the premises. 147. That on or about October 28, 2015, and for a period of time prior thereto, there existed dangerous, defective, hazardous, unguarded, unprotected, unsupervised, and unsafe conditions at the premises. 148. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the dangerous, defective, hazardous, unguarded, unprotected, unsupervised, and unsafe conditions existing at the construction site. 149, That at all times herein mentioned, it was the duty of defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, to maintain the premises and the work, labor, and services performed thereat, in a reasonably safe, suitable and adequate condition and repair. 150. That on or about October 28, 2015, and for a period of time prior thereto, defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, 22 22 of 55
FILED : QUE ) NS COUNTY u2rk 03 /20 ~ f 2017 12 : 39 INDEX PL NO. 714264/2316 NYSCEF DOC. NO 14 RECEIVED NYSCEF: 03/20/2)17 failed to maintain the premises and the work, labor, and services performed thereat, in a reasonably safe, suitable and adequate condition and repair. 151, That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and pennanent personal injuries as a result of the failure of defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, to maintain the premises and the work, labor, and services performed thereat, in a reasonably safe, suitable and adequate condition and repair. 152. That at all times herein mentioned, it was the duty of defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, to provide for the safety, protection, and well-being of persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the of the subject demolition work. 153, That on or about October 28, 2015, and for a period of time prior thereto, defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, failed to provide for the safety, protection, and well-being of persons lawfully working upon the premises, In accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work, 154. That on or about October 28, 2015, plaintiff TEODOR TUICAN was caused to suffer severe and permanent personal injuries as a result of the. failure of defendant VIII-HOTEL INVESTORS, itself, and through its agents, servants and/or employees, to provide for the safety, protection, and well-being of persons lawfully working upon the premises, in accordance with the Labor Law of the State of New York, including plaintiff TEODOR TUICAN in the performance of the subject demolition work. 23 23 of 55