FILED: NEW YORK COUNTY CLERK 09/11/2013 INDEX NO. 158295/2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/11/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -X ANTONIO URQUIZA a/k/a ANTONIO PELAGIO URQUIZA CARDENAS, by MARTHA PARADA ARDAYA and STIVENS A. SANQUIO, as Co-Administrators of the Estate of ANTONIO URQUIZA a/k/a ANTONIO PELAGIO URQUIZA CARDENAS, Deceased, Plaintiffs, -against- PARK AND 76 ST INC., MARY L. CARPENTER & EDMUND M. CARPENTER, NORDIC CUSTOM BUILDERS INC., MITCHELL STUDIO, LLC, CONSULTING ENGINEERING SERVICES, INCORPORATED, MELTZER/COSTA & ASSOCIATES, ARCHITECTURE & ENGINEERING, LLP, GUMLEY-HAFT LLC, and HERIBERTO SERRANO d/b/a CPS COMPANY (exact names being unknown), Defendants. Index No Plaintiff designates NEW YORK County as the place of trial The basis of the venue is A residence or principal place of business of a defendant SUMMONS Plaintiff resides at 33 University Place Port Chester, NY 10573 * ^ '- ^ -- ^,._ -. -.. -. -.^ To the above named Defendants 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 Plaintiffs 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 aetsonally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment w^htetakenufrainst you by default for the relief demanded in the complaint. Dated: New York, New York September _JflL_, 2013 RAYMOND & ASSOCIATES, PLLC Sfncys for Plaintiff 60 East 42nii Street, Suite 2316 New York, New York 10165 (212)687-1737 File No 7039
Defendants' Addresses: PARK AND 76 ST INC. c/o GUMLEY-HAFT LLC 415 Madison Avenue New York, New York 10017 NORDIC CUSTOM BUILDERS INC. 525 East Putnam Avenue Cos Cob, Connecticut 06807 MITCHELL STUDIO, LLC 35 Elm Street New Haven, Connecticut 06511 CONSULTING ENGINEERING SERVICES, INCORPORATED 811 Middle Street Middlctown, Connecticut 06457 and/or 420 Lexington Avenue, Suite 300 New York, New York 10170 MELTZER/COSTA & ASSOCIATES, ARCHITECTURE & ENGINEERING, LLP 175 Great Neck Road, Suite 303 Great Neck, New York 11021 MARY L CARPENTER 840 Park Avenue, Apt. 3/4A New York, New York 10075 EDMUND M. CARPENTER 840 Park Avenue, Apt. 3/4A New York, New York 10075 GUMLEY-HAFT LLC 415 Madison Avenue New York, New York 10017 HERTBERTO SERRANO d/b/a CPS COMPANY (exact names being unknown) 168 Webster Avenue Yonkers, New York 10701 NOTICE: PLEASE TURN THESE PAPERS OVER TO YOUR LAWYER OR INSURANCE REPRESENTATIVE OR A JUDGMENT WILL BE TAKEN AGAINST YOU.
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _ -.,_-.....-._.^ ^.^,._,,. *_..w.,^..^ * ^j^ MARTHA PARA.DA ARDAYA and STIVENS A. SANQU1O, as Co-Administrators of the Estate of ANTONIO PELAGIO URQUIZA CARDENAS a/k/a ANTONIO URQUIZA, Deceased, Index No. Plaintiffs, COMPLAINT -against- PARK AND 76 ST. INC., MARY L CARPENTER & EDMUND M CARPENTER, NORDIC CUSTOM BUILDERS INC., MITCHELL STUDIO, LLC, CONSULTING ENGINEERING SERVICES, INCORPORATED, MELTZER/COSTA & ASSOCIATES, ARCHITECTURE & ENGINEERING, LLP, GUMLEY-HAFT LLC, and HERIBERTO SERRANO d/b/a CPS COMPANY (exact names being unknown), Defendants. y -* * _ _. ^-^ Plaintiffs, by their attorney, RAYMOND SCHWARTZBERG & ASSOCIATES, PLLC, as and for their Complaint, allege upon information and belief as follows; AS AND FOR A FIRST CAUSE OF ACTION 1. At all times herein mentioned, the plaintiffs1 decedent was and still is a resident of the City of Port Chester, County of Westchester, State of New York. 2. (a) Pursuant to a So-Ordered Stipulation dated July 11, 2012, MARCELO URQUIZA was appointed as Temporary Administrator of the Estate of ANTONIO URQUIZA, Deceased (b) On the 12th day of June, 2013, by decree of the Surrogate's Court of the County of Westchester, the plaintiffs were appointed as Co-Adminstrators of the goods, chattels,
and credits of ANTONIO URQUIZA a/k/a ANTONIO URQUIZA CARDENAS (hereinafter "ANTONTO URQUIZA"), and thereafter acted and are still acting as such Co-Administrators. 3. The decedent ANTONIO URQUIZA died on May 24, 2012, a resident of the City of Port Chester, County of Westchester, State of New York, leaving his children, ANA KARINA URQUIZA PARADA, MARCO ANTONIO URQUIZA PARADA, CARLOS ANTONIO URQUIZA RAMOS, ALEXSY YANAINA URQUIZA RAMOS, and DENILZON ANTONIO URQUIZA RAMOS, and his wife MARTHA PARADA ARDAYA, as his only distributees. 4. At all times hereinafter mentioned, the defendant PARK & 76TH ST. INC. (hereinafter "PARK") was and still is a domestic corporation duly organized and existing pursuant to the laws of the State of New York. 5. At all times hereinafter mentioned, the defendant PARK was and still is a foreign corporation authorized to do business within the State of New York. 6. At all times hereinafter mentioned, the defendant PARK was and still is a foreign corporation not authorized to do business within the State of New York. 7. At all times hereinafter mentioned, the defendant PARK was and still is licensed to do business in the State of New York. 8. At all times hereinafter mentioned, the defendant MARY L. CARPENTER was and still is a resident of the City of New York, County of New York, State of New York 9. At all times hereinafter mentioned, the defendant EDMUND M. CARPENTER was and still is a resident of the City of New York, County of New York, State of New York. 10. At all times hereinafter mentioned, the defendant NORDIC CUSTOM BUILDERS INC. (hereinafter "NORDIC") was and still is a domestic corporation duly organized and existing pursuant to the laws of the State of New York.
11. At all times hereinafter mentioned, the defendant NORDIC was and still is a foreign corporation authorized to do business within the State of New York. 12. At all times hereinafter mentioned, the defendant NORDIC was and still is a foreign corporation not authorized to do business within the State of New York. 13. At all times hereinafter mentioned, the defendant NORDIC was and stilt is licensed to do business in the State of New York 14. At all times hereinafter mentioned, the defendant MITCHELL STUDIO, LLC (hereinafter "MITCHELL") was and still is a limited liability company duly organized and existing pursuant to the laws of the State of New York 15. At all times hereinafter mentioned, the defendant MITCHELL was and still is licensed to do business in the State of New York 16 At all times hereinafter mentioned, the defendant STEPHAN MITCHELL (hereinafter "MITCHELL" was and still is a resident of the City of New Haven, County of New Haven, State of Connecticut. 17. At all times hereinafter mentioned, the defendant MITCHELL was and still is a sole proprietor and is a resident of the City of New Haven, County of New Haven, State of Connecticut 18. At all times hereinafter mentioned, the defendant MITCHELL was and still is an individual d/b/a MITCHELL STUDIOS^ 19. At all times hereinafter mentioned, the defendant CONSULTING ENGINEERING SERVICES, INCORPORATED (hereinafter "CONSULTING") was and still is a domestic corporation duly organized and existing pursuant to the laws of the State of New York.
20. At all times hereinafter mentioned, the defendant CONSULTING was and still is a foreign corporation authorized to do business within the State of New York. 21. At all times hereinafter mentioned, the defendant CONSULTING was and still is a foreign corporation not authorized to do business within the State of New York 22. At all times hereinafter mentioned, the defendant CONSULTING was and still is licensed to do business in the State of New York. 23. At all times hereinafter mentioned, the defendant MELTZER/COSTA/PAKNIA, A&E, LLP (hereinafter "MELTZER") was and still is a limited liability partnership duly organized and existing under and by virtue of the laws of the State of New York and authorized to do business within the State of New York. 24. At all times hereinafter mentioned, the defendant MELTZER was and still is a limited liability partnership authorized to do business within the State of New York. 25. At all times hereinafter mentioned, the defendant MELTZER was and still is a foreign partnership not authorized to do business within the State of New York. 26. At all times hereinafter mentioned, the defendant GUMLEY-HAFT LLC (hereinafter "GUMLEY") was and still is a limited liability company duly organized and existing pursuant to the laws of the State of New York. 27. At all times hereinafter mentioned, the defendant GUMLEY was and still is licensed to do business in the State of New York. 28. At all times hereinafter mentioned, the defendant GUMLEY was and still is authorized to manage property in the State of New York.
29. At all times hereinafter mentioned, the defendant GUMLEY did manage the property located at 840 Park Avenue, City of New York, County of New York, State of New York, including Apartment 3/4A therein. 30. On the date of the accident in question, the defendant GUMLEY was the managing agent of the property located at 840 Park Avenue, City of New York, County of New York, State of New York, including Apartment 3/4A therein. 31. At all times hereinafter mentioned, defendant HERIBERTO SERRANO (hereinafter "SERRANO") was and still is a resident of the City of Yonkers, County of Westchester, State of New York. 32 At all times hereinafter mentioned, defendant SERRANO was and still is a sole proprietor and is a resident of the City of Yonkers, County of Westchester, State of New York. 33. At all times hereinafter mentioned, defendant SERRANO was and still is an individual d/b/a CPS COMPANY (exact names being unknown). 34. At all times hereinafter mentioned, defendant PARK owned the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, State of New York 35 At all times hereinafter mentioned, the defendants MARY L. CARPENTER and EDMUND M. CARPENTER owned the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, State of New York. 36. At all times hereinafter mentioned, the defendant PARK operated the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York.
37. At all times hereinafter mentioned, the defendant PARK maintained the premises located at 840 Park Avenue, Apt. 3/4 A, City of New York, County of New York, and State of New York. 38. At all times hereinafter mentioned, the defendant PARK managed the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York 39. At all times hereinafter mentioned, the defendant PARK controlled the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York 40. At all times hereinafter mentioned, the defendants MARY L. CARPENTER and EDMUND M. CARPENTER were repairing the premises located at 840 Park Avenue, Apt. 3/4 A, City of New York, County of New York, and State of New York. 41. At all times hereinafter mentioned, the defendants MARY L CARPENTER and EDMUND M CARPENTER maintained the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York. 42 At all times hereinafter mentioned, the defendants MARY L. CARPENTER and EDMUND M. CARPENTER managed the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York. 43. At all times hereinafter mentioned, the defendants MARY L. CARPENTER and EDMUND M. CARPENTER controlled the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York. 44. Upon information and belief, at some time prior to May 24, 2012, the defendants MARY L. CARPENTER and EDMUND M. CARPENTER contracted with various contractors
for the work to be done at the premises known as 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York for the purpose of building and/or repairing and/or renovating said premises. 45. Upon information and belief, at some time prior to May 24, 2012, defendant NORDIC contracted with various contractors for the work to be done at the premises known as 840 Park Avenue, Apt. 3/4 A, City of New York, County of New York, and State of New York for the purpose of building and/or repairing and/or renovating said premises. 46. Upon information and belief, at some time prior to May 24, 2012, defendant MITCHELL contracted with various contractors for the work to be done at the premises known as 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York for the purpose of building and/or repairing and/or renovating said premises. 47. Upon information and belief, at some time prior to May 24, 2012, defendant CONSULTING contracted with various contractors for the work to be done at the premises known as 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York for the purpose of building and/or repairing and/or renovating said premises. 48. Upon information and belief, at some time prior to May 24, 2012, defendant MELTZER contracted with various contractors for the work to be done at the premises known as 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York for the purpose of building and/or repairing and/or renovating said premises. 49. Upon information and belief, at some time prior to May 24, 2012, defendant SERRANO contracted with various contractors for the work to be done at the premises known as 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York for the purpose of building and/or repairing and/or renovating said premises.
50. At all times hereinafter mentioned, the defendant GUMLEY operated the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York, 51. At all times hereinafter mentioned, the defendant GUMLEY managed the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York 52. At all times hereinafter mentioned, the defendant GUMLEY maintained the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York. 53. At all times hereinafter mentioned, the defendant GUMLEY controlled the premises located at 840 Park Avenue, Apt. 3/4 A, City of New York, County of New York, and State of New York. 54. Upon information and belief, the defendant ANTONIO URQUIZA was an employee of STEPHEN GAMBLE, INC. (hereinafter "GAMBLE") and was working at the premises known as 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York, 55. Upon information and belief, GAMBLE had commenced its performance of the work at the aforesaid location under the contract with the defendants MARY L. CARPENTER and EDMUND M. CARPENTER. 56. Upon information and belief, GAMBLE had commenced its performance of the work at the aforesaid location under the contract with the defendant NORDIC. 57. Upon information and belief, GAMBLE had commenced its performance of the work at the aforesaid location under the contract with the defendant MITCHELL.
58. Upon information and belief, GAMBLE had commenced its performance of the work at the aforesaid location under the contract with the defendant CONSULTING. 59. Upon information and belief, GAMBLE had commenced its performance of the work at the aforesaid location under the contract with the defendant MELTZER 60. On May 24, 2012, the plaintiff ANTONIO URQUIZA was working at the premises located at 840 Park Avenue, Apt. 3/4A, City of New York, County of New York, and State of New York in the performance of GAMBLE'S work and within the scope of his employment when he was injured. 61. On or about May 24, 2012 at approximately 11:15 a.m., while plaintiff ANTONIO URQUIZA was engaged in repairing, restoring, finishing, constructing, erecting, demolishing, altering, painting, cleaning, and/or pointing and otherwise performing labor at a height, and in the performance of his employment on or about the premises of the building at the aforesaid location, without warning, was caused to suddenly and violently fall from a third floor window to the sidewalk below. 62. That the decedent was seriously and severely injured due to the carelessness, recklessness, and negligence in the construction, ownership, operation, management, maintenance, and control of said premises by the defendants and/or by their agents, servants, and/or employees. 63. That said serious and severe injuries suffered by the decedent resulted in his death. 64 The accident and injuries sustained by the plaintiff therefrom, anclresultant death, were solely and wholly due to the negligence, carelessness, and recklessness of the defendants without any want of care or culpable conduct on behalf of the plaintiff contributing thereto.
65 By reason of the foregoing, the Estate and the distributees and those entitled to share in the distribution of the estate have lost support, future income, and the society of life due to the wrongful death of ANTONIO URQUIZA 66. By reason of the foregoing, the Estate and his distributees and those entitled to share in the distribution of the estate have been damaged in the sum of SEVEN MILLION DOLLARS ($7,000,000.00). 67. Upon information and belief, this case falls within one or more of the exceptions to CPLR Article 1601 as set forth in CPLR 1602 AS AND FOR A SECOND CAUSE OF ACTION 68 Plaintiffs repeat, reiterate, and reallege each and every allegation contained in paragraphs t through 67 inclusive, with the same force and effect as though the same were fully set forth at length herein. 69. Plaintiff ANTONIO URQUIZ A was injured due to the violations by the defendants of 200, 240(1), and 241(6) of the Labor Law of the State of New York. 70. The defendants breached their statutory duties to the plaintiff ANTONIO URQUIZA to provide proper protection and statutorily required safe work area conditions by allowing unsafe work activities at a dangerous elevated height at the premises located at 840 Park Avenue, Apt 3/4A, City of New York, County of New York, and State of New York, and plaintiff was caused to be injured thereby. 71. Plaintiff in no way contributed to his injuries. 72. By reason of the foregoing, the Estate and his distributees and those entitled to share in the distribution of the estate have been damaged in the sum of SEVEN MILLION DOLLARS ($7,000,000.00).
AS AND FOR A THIRD CAUSE OF ACTION 73. Plaintiffs repeat, reiterate, and reallege each and every allegation contained in paragraphs 1 through 72 inclusive, with the same force and effect as though the same were fully set forth at length herein. 74. On or about the 24th day of May, 2012, at approximately 11:15 a.m., without warning, the decedent was caused to suddenly and violently fall from a third floor window to the sidewalk below, thereby causing the decedent to sustain severe personal injuries and to suffer excruciating pain and suffering until his demise at approximately shortly before 1:00 p.m. of that same day, as caused by the aforesaid accident. 75. The accident, injuries, and conscious pain and suffering were due solely and wholly to the negligence, carelessness, and recklessness of the defendants, and were in no way contributed thereto by or through the fault of the decedent 76. By reason of the foregoing, the Estate and distributees and those entitled to share in the distribution of the estate and entitled to damages due to the severe and excrutiating conscious pain and suffering that ANTONIO URQUIZA endured from May 24, 2012 at approximately 11:15 a.m. to May 24, 2012 at approximately 12:44 p.m., the date and time of his demise. 77. By reason of the foregoing, the Estate of ANTONIO URQUIZA, his distributees, and those entitled to share in the distribution of the estate have been damaged in the sum of TWO MILLION DOLLARS ($2,000,000 00)
AS AND FOR A FOURTH CAUSE OF ACTION 78, Plaintiffs repeat, reiterate, and reallege each and every allegation contained in paragraphs 1 through 77 of the complaint with the same force and effect as though the same were fully set forth at length herein. 79. On or about the 24th day of May, 2012, at approximately 11:15 a.m., while plaintiff ANTONIO URQUIZA was engaged in repairing, restoring, finishing, constructing, erecting, demolishing, altering, painting, cleaning, and/or pointing and otherwise performing labor at a height, and in the performance of his employment on or about the premises of the building at the aforesaid location, without warning, was caused to suddenly and violently fall from a third floor window to the sidewalk below, thereby causing the decedent to sustain severe personal injuries and to suffer excruciating pain until his demise on May 24, 2012 at approximately 12:44 p.m. 80 The accident, injuries, death, and conscious pain and suffering were due solely and wholly to the negligence, carelessness, and recklessness of the defendants, and were in no way contributed thereto by or through fault of the decedent. 81. By reason of the foregoing, the Estate of ANTONIO URQUIZA expended and became obligated for sums of money for medical care and attention to the decedent, in an effort to cure him of his injuries and alleviate his excrutiattng pain and suffering, and for funeral expenses incurred, all to the damage of the Estate of the decedent in the amount of approximately TEN THOUSAND DOLLARS ($10,000.00). WHEREFORE, MARTHA PARADA ARDAYA and STIVENS A. SANQUTO, as Co- Adminstrators of the Estate of ANTONIO URQUIZA, demands judgment against the defendants in the sum of SEVEN MILLION DOLLARS ($7,000,000.00) on the first cause of action,
SEVEN MILLION DOLLARS ($7,000,000.00) on the second cause of action, TWO MILLION DOLLARS ($2,000,000 00) on the third cause of action, and TEN THOUSAND DOLLARS ($10,000.00) on the fourth cause of action, together with interest thereon from May 24, 2012, together with the costs and disbursements of this action. Dated: New York, New York September [(), 2013 Yours, etc RAYMOND SCHWARTZBERG & ASSOCIATES, PLLC Attorneys for Plaintiff 60 East 42nd Street, Suite 2316 New York, New York 10165 (212)687-1737 File No. 7039
Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ATONIO URQUIZA a/k/a ANTONIO PELAGIO URQUIZA CARDENAS, by MARTHA PARADA ARDAYA and STIVENS A.SANQUIO, as Co-Administrators of the Estate of ANTONIO URQUIZA a/k/a ANTONIO PELAGIO URQUIZA CARDENAS, Deceased, Plaintiffs, -against- PARK AND 76 ST. INC., MARY L. CARPENTER & EDMUND M. CARPENTER, NORDIC CUSTOM BUILDERS INC., MITCHELL STUDIO, LLC.CONSULTING ENGINEERING SERVICES, INCORPORATED. MELTZER/COSTA & ASSOCIATES, ARCHITECTURE & ENGINEERING, LLP, GUMLEY-HAFT LLC, and HERIBERTO SERRANO d/b/a CPS COMPANY (exact names being unknown), Defendants. SUMMONS AND COMPLAINT RAYMOND SCHWARTZBERG & ASSOCIATES, PLLC Attorney for Plaintiff 60 East 42nd Street, Room 2316 New York, New York 10165 (212)687-1737 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in thjg6urtso New York certifies that, upon information and belief and reasonable inquiry, the contentions confa/ned in/thhannexed document are not frivolous. Dated: September \(j),2013 Signature. _ Print Signer's NametUvmond B. Schwartzberg Service of a copy of the within Dated: Attorncy(s) for is hereby admitted. PLEASE TAKE NOTICE NOTICE OF ENTRY NOTICE OF SETTLEMENT Dated: TO: that the within is a (certified) true copy of a entered in the office of the clerk of the within named Court on that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at on,at M. RAYMOND SCHWARTZBERG & ASSOCIATES, PLLC Attorney for Plaintiff 60 East 42"d Street #2316 New York. New York 10165 (212)687-1737