Preview
FILED: NEW YORK COUNTY CLERK 07/20/2019 03:03 PM INDEX NO. 157105/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2019
SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF NEW YORK Date Filed:
------ -------------------- ------------------x
R.T.R., an infant by his mother and natural guardian Plaintiffs designates New York
ADANCY RODRIGUEZ, and ADANCY RODRIGUEZ, County as the place of trial
Individually,
The basis of the venue is
Plaintiff, plaintiffs residence
-against- S U MM O N S
ACQUISITION AMERICA, LLC and EMPIRE Plaintiffs resides at
MANAGEMENT AMERICA CORP., 603 W. 140th Street
New York, NY 10031
Defendant.
----------------------- ------------------ x of New York
County
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 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: New York, New York
July 18, 2019 LIPSIG, SHAPEY, MANUS & MOVERMAN, P.C.
Defendant's Address:
ACQUISITION AMERICA X, LLC
B
347 Fifth Avenue
A . HAPEY
New York, New York 10016
Attorneys for Plaintiffs
EMPIRE MANAGEMENT AMERICA CORP. Office and P.O. Address
347 Fifth Avenue, Suite 1601 40 Fulton Street
New New York 10016
York, New York, NY 10038
(212) 285-3300
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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R.T.R., an infant by his mother and natural guardian
ADANCY RODRIGUEZ, and ADANCY RODRIGUEZ, VERIFIED
Individually, COMPLAINT
Plaintiff,
-against- Index #:
ACQUISITION AMERICA X, LLC, and EMPIRE
MANAGEMENT AMERICA CORP.,
Defendant
_____ __________________. --------------x
Plaintiffs, by their attorneys, LIPSIG, SHAPEY, MANUS & MOVERMAN, P.C., as and
for their Verified Complaint, upon information and belief, at all times hereinafter mention allege:
FIRST CAUSE OF ACTION
1. Plaintiffs reside in the County of New York, State of New York.
2. Defendant, At allrelevant times, ACQUISITION AMERICAN X, LLC,
("ACQUISITION"), is a domestic corporation duly organized under and existing by virtue of the
laws of the State of New York.
3. ACQUISITION is a foreign corporation duly licensed to do business in the State
of New York.
4. At allrelevant times, ACQUISITION was the owner of the premises located at
1400'
603 West Street, New York, New York, ("the premises").
5. Defendant, EMPIRE MANAGEMENT AMERICA CORP. ("EMPIRE"), is a
domestic corporation duly organized under and existing by virtue of the laws of the State of New
York.
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6. EMPIRE is a foreign corporation duly licensed to do business in the State of New
York.
7. EMPIRE was the managing agent for the premises.
8. The premises is or was a dwelling which is either let,leased, hired or rented, to be
occupied, was occupied, or is occupied as the residence or home of three or more families living
independently of each other.
9. The premises was built prior to 1960.
10. At allrelevant times herein, EMPIRE acted as the managing agent of the premises
on behalf of the building owner, ACQUISITION.
11. There is an agreement between EMPIRE and ACQUISITION that governs the
management duties of EMPIRE.
12. The infant plaintiff resided in apartment 28 in the premises continuously from his
birth on April 4, 2017, through at least June of 2019.
13. The defendant, itsagents and/or employees, knew or should have known that
children seven years of age or younger resided in the subject apartment.
14. On or about April 5, 2019, the infant plaintiff was diagnosed with elevated blood
lead levels and lead poisoning.
15. In April of 2019, and prior thereto, portions of the premises, including, but not
limited to, the windows, walls, doors, window openings, door frames, moldings, baseboards and
other interior surfaces of the apartment had peeling and chipping lead paint, were dilapidated and
were in fair or poor condition.
16. In April of 2019, and prior thereto, the interior portions of the premises was
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coated with paint that had a content of lead constituting lead hazards in excess of the rules and
regulations promulgated by the New York City Department of Health Code, section 173.13.
17. The premises had interior surfaces that were peeling, chipping, and/or were
accessible to children and contained hazardous levels of lead based paint in an amount greater
than that permitted by the New York City Department of Health.
18. An inspection by the New York City Department of Health on or about April 17,
2019, found there were numerous lead hazard violations and lead hazards existing in the
premises.
19. An Order to Abate Nuisance was issued by The New York City Department of
Health to defendants in April of 2019, ordering them to abate all lead-based paint hazards from
the premises.
20. As of the date of this Complaint, despite the issuance of an Order To Abate
Nuisance, defendants have failed and refused to abate the lead hazards, or in any way make
apartment 28 in the premises reasonably safe.
21. The infant plaintiff's elevated blood lead levels and lead poisoning were caused
by his exposure, inhalation and ingestion of lead paint and lead paint dust from the time he first
began residing in the premises on or about April 5, 2017 through June of 2019.
22. The infant plaintiff continued to be exposed to lead paint and lead dust even after
violations were issued due to defendant's negligent failure to timely abate or remedy the lead
hazards, constituting separate injury sustained by the infant plaintiff.
23. Despite said violations, defendant failed and refused to timely and adequately
abate or remove the lead hazards, causing the infant plaintiff additional exposure to lead paint
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and additional lead poisoning and additional injury.
24. Defendants never conducted an inspection of apartment 28 in the premises to
determine whether any lead hazards existed at any time.
25. Defendants negligently failed to discharge its obligations to properly and timely
discover and abate the lead hazards and, as a result, negligently created and/or exacerbated the
lead hazards, causing the infant plaintiff additional exposure to lead paint in the premises.
26. The infant plaintiff, R.T.R., was injured.
27. The infant plaintiff, R.T.R., was seriously injured.
28. The injuries and/or serious injuries sustained by R.T.R., were due to the
negligence, carelessness and reckless disregard for the safety of others by the defendants, their
agents, servants and/or employees and their violations of applicable rules, regulations and
ordinances of the City of New York, the Administrative Code, the Multiple Dwelling Law of the
State of New York, the Housing Maintenance Code, and the New York City Health Code,
entitling plaintiffs to both compensatory and punitive damages.
29. The limitations on liability set forth in CPLR Section 1601 do not apply to this
action.
30. The limitations on liability set forth in CPLR Section 1601 do not apply to this
action by reason of one or more of the exemptions set forth in CPLR Section 1602, including, but
not limited to, CPLR 1602(2)(iv), 1602 (7) and 1602 (9).
31. As a result of the foregoing, the infant plaintiff has been damaged in an amount in
excess of the jurisdictional limits of all lower courts in which this matter might otherwise have
been brought.
_4.
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SECOND CAUSE OF ACTION
32. Plaintiffs repeat, reiterate and reallege each of the preceding allegations of this
complaint as if set forth herein at length.
33. Defendants violated Sections 78 and 80 of the Multiple Dwelling Law; Sections
173.13(c) and (d) of the New York City Health Code; Sections 27-127, 27-128 and 27-2013 of
the Administrative Code of the City of New York; and Section D26-10.0 of the Housing
Maintenance Code.
34. The defendant's violation of these rules and regulations were a substantial factor
in causing the infant plaintiffs injuries.
35. The infant plaintiff, R.T.R., was injured.
36. The infant plaintiff, R.T.R., was seriously injured.
37. The injuries and/or serious injuries sustained by R.T.R., were due to the
defendant's the violation of statutes, laws, ordinances, rules and regulations.
38. As a result of the foregoing, the infant plaintiff has been damaged in an amount in
excess of the jurisdictional limits of all lower courts in which this matter might otherwise have
been brought.
THIRD CAUSE OF ACTION
39. Plaintiffs repeat, reiterate and reallege each of the preceding allegations of this
complaint as if set forth herein at length.
40. Plaintiff, ADANCY RODRIGUEZ is the mother of R.T.R., .
41. Due to the injuries and/or serious injuries sustained by her son, R.T.R., plaintiff,
ADANCY RODRIGUEZ has been and will continue to lose the care, comfort and services of her
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son, R.T.R.
42. As a result of the foregoing, plaintiff has been damaged in an amount in excess of
the jurisdictional limits of all lower courts in which this matter might otherwise have been
brought.
WHEREFORE, plaintiffs demand judgment against the defendant in an amount in excess
of the jurisdictional limits of all lower courts in which this matter might otherwise have been
brought, with interest from the date of the occurrence, together with the costs and disbursements
of this action, and, in addition, because the conduct of the defendants, was wilful, wanton and
malicious, demonstrating a reckless disregard for the safety of other, including the infant
plaintiff, plaintiff is entitled to an award of punitive damages in and amount to be determined by
a jury.
Yours, etc.,
LIPSIG, SHAPEY, MANUS & MOVERMAN, P.C.
Attorneys for Plaintiffs
40 Fulton Street
New York, NY 10038
212-285-3300
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VERIFICATION
ALAN M. SHAPEY, an attorney duly admitted to practice law in the State of New
York, affirms the following under penalty of perjury:
I am a member of the law firm of LIPSIG, SHAPEY, MANUS & MOVERMAN, P.C.,
attorneys for the plaintiffs herein.
I have read the foregoing Complaint and know the contents thereof, and upon
information and belief your affirmant believes the matters therein alleged to be true.
The source of your affirmant's information and the grounds of his belief are
communications, papers, reports and investigations contained in the file.
DATED: New York, New York
July 18, 2019
ALAN SH EY
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Preview
FILED: NEW YORK COUNTY CLERK 07/20/2019 03:03 PM INDEX NO. 157105/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF NEW YORK Date Filed: ------ -------------------- ------------------x R.T.R., an infant by his mother and natural guardian Plaintiffs designates New York ADANCY RODRIGUEZ, and ADANCY RODRIGUEZ, County as the place of trial Individually, The basis of the venue is Plaintiff, plaintiffs residence -against- S U MM O N S ACQUISITION AMERICA, LLC and EMPIRE Plaintiffs resides at MANAGEMENT AMERICA CORP., 603 W. 140th Street New York, NY 10031 Defendant. ----------------------- ------------------ x of New York County 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 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: New York, New York July 18, 2019 LIPSIG, SHAPEY, MANUS & MOVERMAN, P.C. Defendant's Address: ACQUISITION AMERICA X, LLC B 347 Fifth Avenue A . HAPEY New York, New York 10016 Attorneys for Plaintiffs EMPIRE MANAGEMENT AMERICA CORP. Office and P.O. Address 347 Fifth Avenue, Suite 1601 40 Fulton Street New New York 10016 York, New York, NY 10038 (212) 285-3300 1 of 8 P FILED: NEW YORK COUNTY CLERK 07/20/2019 03:03 PM INDEX NO. 157105/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------ ¬------------ ---------x R.T.R., an infant by his mother and natural guardian ADANCY RODRIGUEZ, and ADANCY RODRIGUEZ, VERIFIED Individually, COMPLAINT Plaintiff, -against- Index #: ACQUISITION AMERICA X, LLC, and EMPIRE MANAGEMENT AMERICA CORP., Defendant _____ __________________. --------------x Plaintiffs, by their attorneys, LIPSIG, SHAPEY, MANUS & MOVERMAN, P.C., as and for their Verified Complaint, upon information and belief, at all times hereinafter mention allege: FIRST CAUSE OF ACTION 1. Plaintiffs reside in the County of New York, State of New York. 2. Defendant, At allrelevant times, ACQUISITION AMERICAN X, LLC, ("ACQUISITION"), is a domestic corporation duly organized under and existing by virtue of the laws of the State of New York. 3. ACQUISITION is a foreign corporation duly licensed to do business in the State of New York. 4. At allrelevant times, ACQUISITION was the owner of the premises located at 1400' 603 West Street, New York, New York, ("the premises"). 5. Defendant, EMPIRE MANAGEMENT AMERICA CORP. ("EMPIRE"), is a domestic corporation duly organized under and existing by virtue of the laws of the State of New York. 2 of 8 FILED: NEW YORK COUNTY CLERK 07/20/2019 03:03 PM INDEX NO. 157105/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2019 6. EMPIRE is a foreign corporation duly licensed to do business in the State of New York. 7. EMPIRE was the managing agent for the premises. 8. The premises is or was a dwelling which is either let,leased, hired or rented, to be occupied, was occupied, or is occupied as the residence or home of three or more families living independently of each other. 9. The premises was built prior to 1960. 10. At allrelevant times herein, EMPIRE acted as the managing agent of the premises on behalf of the building owner, ACQUISITION. 11. There is an agreement between EMPIRE and ACQUISITION that governs the management duties of EMPIRE. 12. The infant plaintiff resided in apartment 28 in the premises continuously from his birth on April 4, 2017, through at least June of 2019. 13. The defendant, itsagents and/or employees, knew or should have known that children seven years of age or younger resided in the subject apartment. 14. On or about April 5, 2019, the infant plaintiff was diagnosed with elevated blood lead levels and lead poisoning. 15. In April of 2019, and prior thereto, portions of the premises, including, but not limited to, the windows, walls, doors, window openings, door frames, moldings, baseboards and other interior surfaces of the apartment had peeling and chipping lead paint, were dilapidated and were in fair or poor condition. 16. In April of 2019, and prior thereto, the interior portions of the premises was -2- 3 of 8 FILED: NEW YORK COUNTY CLERK 07/20/2019 03:03 PM INDEX NO. 157105/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2019 coated with paint that had a content of lead constituting lead hazards in excess of the rules and regulations promulgated by the New York City Department of Health Code, section 173.13. 17. The premises had interior surfaces that were peeling, chipping, and/or were accessible to children and contained hazardous levels of lead based paint in an amount greater than that permitted by the New York City Department of Health. 18. An inspection by the New York City Department of Health on or about April 17, 2019, found there were numerous lead hazard violations and lead hazards existing in the premises. 19. An Order to Abate Nuisance was issued by The New York City Department of Health to defendants in April of 2019, ordering them to abate all lead-based paint hazards from the premises. 20. As of the date of this Complaint, despite the issuance of an Order To Abate Nuisance, defendants have failed and refused to abate the lead hazards, or in any way make apartment 28 in the premises reasonably safe. 21. The infant plaintiff's elevated blood lead levels and lead poisoning were caused by his exposure, inhalation and ingestion of lead paint and lead paint dust from the time he first began residing in the premises on or about April 5, 2017 through June of 2019. 22. The infant plaintiff continued to be exposed to lead paint and lead dust even after violations were issued due to defendant's negligent failure to timely abate or remedy the lead hazards, constituting separate injury sustained by the infant plaintiff. 23. Despite said violations, defendant failed and refused to timely and adequately abate or remove the lead hazards, causing the infant plaintiff additional exposure to lead paint -3- 4 of 8 FILED: NEW YORK COUNTY CLERK 07/20/2019 03:03 PM INDEX NO. 157105/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2019 and additional lead poisoning and additional injury. 24. Defendants never conducted an inspection of apartment 28 in the premises to determine whether any lead hazards existed at any time. 25. Defendants negligently failed to discharge its obligations to properly and timely discover and abate the lead hazards and, as a result, negligently created and/or exacerbated the lead hazards, causing the infant plaintiff additional exposure to lead paint in the premises. 26. The infant plaintiff, R.T.R., was injured. 27. The infant plaintiff, R.T.R., was seriously injured. 28. The injuries and/or serious injuries sustained by R.T.R., were due to the negligence, carelessness and reckless disregard for the safety of others by the defendants, their agents, servants and/or employees and their violations of applicable rules, regulations and ordinances of the City of New York, the Administrative Code, the Multiple Dwelling Law of the State of New York, the Housing Maintenance Code, and the New York City Health Code, entitling plaintiffs to both compensatory and punitive damages. 29. The limitations on liability set forth in CPLR Section 1601 do not apply to this action. 30. The limitations on liability set forth in CPLR Section 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR Section 1602, including, but not limited to, CPLR 1602(2)(iv), 1602 (7) and 1602 (9). 31. As a result of the foregoing, the infant plaintiff has been damaged in an amount in excess of the jurisdictional limits of all lower courts in which this matter might otherwise have been brought. _4. 5 of 8 FILED: NEW YORK COUNTY CLERK 07/20/2019 03:03 PM INDEX NO. 157105/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2019 SECOND CAUSE OF ACTION 32. Plaintiffs repeat, reiterate and reallege each of the preceding allegations of this complaint as if set forth herein at length. 33. Defendants violated Sections 78 and 80 of the Multiple Dwelling Law; Sections 173.13(c) and (d) of the New York City Health Code; Sections 27-127, 27-128 and 27-2013 of the Administrative Code of the City of New York; and Section D26-10.0 of the Housing Maintenance Code. 34. The defendant's violation of these rules and regulations were a substantial factor in causing the infant plaintiffs injuries. 35. The infant plaintiff, R.T.R., was injured. 36. The infant plaintiff, R.T.R., was seriously injured. 37. The injuries and/or serious injuries sustained by R.T.R., were due to the defendant's the violation of statutes, laws, ordinances, rules and regulations. 38. As a result of the foregoing, the infant plaintiff has been damaged in an amount in excess of the jurisdictional limits of all lower courts in which this matter might otherwise have been brought. THIRD CAUSE OF ACTION 39. Plaintiffs repeat, reiterate and reallege each of the preceding allegations of this complaint as if set forth herein at length. 40. Plaintiff, ADANCY RODRIGUEZ is the mother of R.T.R., . 41. Due to the injuries and/or serious injuries sustained by her son, R.T.R., plaintiff, ADANCY RODRIGUEZ has been and will continue to lose the care, comfort and services of her -5- 6 of 8 FILED: NEW YORK COUNTY CLERK 07/20/2019 03:03 PM INDEX NO. 157105/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2019 son, R.T.R. 42. As a result of the foregoing, plaintiff has been damaged in an amount in excess of the jurisdictional limits of all lower courts in which this matter might otherwise have been brought. WHEREFORE, plaintiffs demand judgment against the defendant in an amount in excess of the jurisdictional limits of all lower courts in which this matter might otherwise have been brought, with interest from the date of the occurrence, together with the costs and disbursements of this action, and, in addition, because the conduct of the defendants, was wilful, wanton and malicious, demonstrating a reckless disregard for the safety of other, including the infant plaintiff, plaintiff is entitled to an award of punitive damages in and amount to be determined by a jury. Yours, etc., LIPSIG, SHAPEY, MANUS & MOVERMAN, P.C. Attorneys for Plaintiffs 40 Fulton Street New York, NY 10038 212-285-3300 -6- 7 of 8 FILED: NEW YORK COUNTY CLERK 07/20/2019 03:03 PM INDEX NO. 157105/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2019 VERIFICATION ALAN M. SHAPEY, an attorney duly admitted to practice law in the State of New York, affirms the following under penalty of perjury: I am a member of the law firm of LIPSIG, SHAPEY, MANUS & MOVERMAN, P.C., attorneys for the plaintiffs herein. I have read the foregoing Complaint and know the contents thereof, and upon information and belief your affirmant believes the matters therein alleged to be true. The source of your affirmant's information and the grounds of his belief are communications, papers, reports and investigations contained in the file. DATED: New York, New York July 18, 2019 ALAN SH EY -7- 8 of 8