Preview
FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----______________--__________________________________Ç
WADHAN SINGH,
Index No.:
Date Purchased:
Plaintiff,
VERIFIED COMPLAINT
-against-
CITY OF NEW.YORK and NEW YORK CITY
DEPARTMENT OF TRANSPORTATION,
Defendants.
___________________________________________x
Plaintiff, WADHAN SINGH, by his attorneys, LAW OFFICES OF MICHAEL S.
LAMONSOFF, PLLC, complaining of the Defendants, respectfully alleges, upon information
and belief, as follows:
CONDITIONS PRECEDENT
1. That on November 16, 2023, and within the time prescribed by law,
WADHAN SINGH served a Notice of Claim stating, among other things, the
time when and place where the injuries and damages were sustained, together
with Plaintiff's demand for adjustment thereof, on CITY OF NEW YORK.
2. That on November 16, 2023, and within the time prescribed by law,
WADHAN SINGH, served a Notice of Claim stating, among other things, the
time when and place where the injuries and damages were sustained, together
with Plaintiff's demand for adjustment thereof, on NEW YORK CITY
DEPARTMENT OF TRANPORTATION.
3. That Defendant, CITY OF NEW YORK, refused or neglected for more than
the thirty (30) days, and up to the commencement of this action to make any
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adjustment or payment thereof, and that thereafter, and within the time
provided by law, this action was commenced.
4. That Defendant, NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, refused or neglected for more than the thirty (30)
days, and up to the commencement of this action to make any adjustment or
payment thereof, and that thereafter, and within the time provided by law, this
action was commenced.
5. A hearing pursuant to GML Section 50-h on behalf of defendants, CITY OF
NEW YORK and NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, was held and completed on March 5, 2024.
6. This action is commenced within one year and ninety days after the date of the
occurrence.
7. Plaintiff has met all of the conditions precedent for the filing and service of this
complaint.
AS AND FOR A FIRST CAUSE OF ACTION
8. That at all times hereinafter mentioned Plaintiff WADHAN SINGH was and
still is a resident of the City of Yonkers, State of New York.
9. That this action falls within one or more of the exceptions set forth in CPLR
§1602.
10. That at all times herein mentioned, Defendant CITY OF NEW YORK, was
and still is a municipality, organized and existing under and by virtue of the
laws of the State of New York.
11. That at all times herein mentioned, defendant NEW YORK CITY
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DEPARTMENT OF TRANSPORTATION, was and is a municipal
organization, organized and existing under and by virtue of the laws of the
State of New York.
12. That at all times hereinafter mentioned including on October 9, 2023,
Defendant CITY OF NEW YORK, was the owner of a certain building, land,
and/or premises construction site located at or about and known as Frankfort
Street at the Manhattan side of the Brooklyn Bridge, in the New York County,
State of New York
13. That at all times hereinafter mentioned including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION,
was the owner of a certain building, land, and/or premises erected thereon and
located at or about and known as Frankfort Street at the Manhattan side of the
Brooklyn Bridge, in the New York County, State of New York
14. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK, was the licensor of the aforesaid building,
land and/or premises located at or about and known as Frankfort Street at the
Manhattan side of the Brooklyn Bridge, in the New York County, State of New
York
15. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION,
was the licensor of the aforesaid building, land and/or premises located at or
about and known as Frankfort Street at the Manhattan side of the Brooklyn
Bridge, in the New York County, State of New York
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16. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK, was the licensee of the aforesaid building,
land and/or premises located at or about and known as Frankfort Street at the
Manhattan side of the Brooklyn Bridge, in the New York County, State of New
York
17. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION,
was the licensee of the aforesaid building, land and/or premises located at or
about and known as Frankfort Street at the Manhattan side of the Brooklyn
Bridge, in the New York County, State of New York
18. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK, was the lessor of the aforesaid building,
land and/or premises located at or about and known as Frankfort Street at the
Manhattan side of the Brooklyn Bridge, in the New York County, State of New
York
19. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION,
was the lessor of the aforesaid building, land and/or premises located at or
about and known as Frankfort Street at the Manhattan side of the Brooklyn
Bridge, in the New York County, State of New York
20. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK, was the lessee of the aforesaid building,
land and/or premises located at or about and known as Frankfort Street at the
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Manhattan side of the Brooklyn Bridge, in the New York County, State of New
York
21. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION,
was the lessee of the aforesaid building, land and/or premises located at or
about and known as Frankfort Street at the Manhattan side of the Brooklyn
Bridge, in the New York County, State of New York
22. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK, was the assignor of the aforesaid building,
land and/or premises located at or about and known as Frankfort Street at the
Manhattan side of the Brooklyn Bridge, in the New York County, State of New
York
23. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION,
was the assignor of the aforesaid building, land and/or premises located at or
about and known as Frankfort Street at the Manhattan side of the Brooklyn
Bridge, in the New York County, State of New York
24. That at all times hereinatter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK, was the assignee of the aforesaid
building, land and/or premises located at or about and known as Frankfort
Street at the Manhattan side of the Brooklyn Bridge, in the New York County,
State of New York
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25. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION,
was the assignee of the aforesaid building, land and/or premises located at or
about and known as Frankfort Street at the Manhattan side of the Brooklyn
Bridge, in the New York County, State of New York
26. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK operated the aforesaid building, land
and/or premises located at or about and known as Frankfort Street at the
Manhattan side of the Brooklyn Bridge, in the New York County, State of New
York
27. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK maintained the aforesaid building, land
and/or premises located at or about and known as Frankfort Street at the
Manhattan side of the Brooklyn Bridge, in the New York County, State of New
York
28. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK controlled the aforesaid building, land
and/or premises located at or about and known as Frankfort Street at the
Manhattan side of the Brooklyn Bridge, in the New York County, State of New
York
29. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK managed the aforesaid building, land
and/or premises located at or about and known as Frankfort Street at the
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Manhattan side of the Brooklyn Bridge, in the New York County, State of New
York
30. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION
operated the aforesaid building, land and/or premises located at or about and
known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the
New York County, State of New York
31. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION
maintained the aforesaid building, land and/or premises located at or about and
known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the
New York County, State of New York
32. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION
controlled the aforesaid building, land and/or premises located at or about and
known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the
New York County, State of New York
33. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION
managed the aforesaid building, land and/or premises located at or about and
known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the
New York County, State of New York
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34. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant CITY OF NEW YORK was performing construction, renovation,
excavation, demolition, repair, inspection, cleaning, and/or alteration of the
aforesaid building, land and/or premises located at or about and known as
Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New
York County, State of New York
35. That at all times hereinafter mentioned, including on October 9, 2023,
Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION
was performing construction, renovation, excavation, demolition, repair,
inspection, cleaning, and/or alteration of the aforesaid building, land and/or
premises located at or about and known as Frankfort Street at the Manhattan
side of the Brooklyn Bridge, in the New York County, State of New York
36. That at times hereinafter mentioned, including on October 9, 2023, Defendant
CITY OF NEW YORK acted as general contractor and/or construction
manager for the construction, renovation, excavation, demolition, repair,
inspection, cleaning and/or alteration of the premises located at or about and
known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the
New York County, State of New York
37. That at times hereinafter mentioned, including on October 9, 2023, Defendant
NEW YORK CITY DEPARTMENT OF TRANSPORTATION acted as
general contractor and/or construction manager for the construction,
renovation, excavation, demolition, repair, inspection, cleaning and/or
alteration of the premises located at or about and known as Frankfort Street at
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the Manhattan side of the Brooklyn Bridge, in the New York County, State of
New York
38. That prior to and including October 9, 2023, Pullman Services was hired
and/or retained by Defendant CITY OF NEW YORK pursuant to a written
contract or agreement to perform construction, renovation, excavation,
demolition, repair, inspection, cleaning and/or alteration of the premises
located at or about and known as Frankfort Street at the Manhattan side of the
Brooklyn Bridge, in the New York County, State of New York
39. That prior to and including October 9, 2023, Pullman Services was hired
and/or retained by Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION pursuant to a written contract or agreement to perform
construction, renovation, excavation, demolition, repair, inspection, cleaning
and/or alteration of the premises located at or about and known as Frankfort
Street at the Manhattan side of the Brooklyn Bridge, in the New York County,
State of New York
40. That prior to and including October 9, 2023, Pullman Services performed
construction, renovation, excavation, demolition, repair, inspection, cleaning
and/or alteration of the premises located at or about and known as Frankfort
Street at the Manhattan side of the Brooklyn Bridge, in the New York County,
State of New York
41. That prior to and including October 9, 2023, Plaintiff WADHAN SINGH was
an employee of Pullman Services.
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42. That prior to and including October 9, 2023, Plaintiff WADHAN SINGH was
an employee of Pullman Services and in the course of his work was performing
construction, renovation, excavation, demolition, repair, inspection, cleaning
and/or alteration of the premises located at or about and known as Frankfort
Street at the Manhattan side of the Brooklyn Bridge, in the New York County,
State of New York
43. That prior to and including October 9, 2023, Defendant CITY OF NEW
YORK, managed, maintained, controlled, supervised, and directed the
construction, renovation, excavation, demolition, repair, inspection, cleaning
and/or alteration of the premises by Plaintiff WADHAN SINGH, an employee
of Pullman Services.
44. That prior to and including October 9, 2023, Defendant NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, managed, maintained,
controlled, supervised, and directed the construction, renovation, excavation,
demolition, repair, inspection, cleaning and/or alteration of the subject
premises by Plaintiff WADHAN SINGH, an employee of Pullman Services.
45. That the Defendants, their agents, servants and/or employees had the duty to
provide the Plaintiff with a safe place to work.
46. That the their servants and/or employees had the non-
Defendants, agents,
delegable duty to see that the work site was kept reasonably safe and free of
dangers and hazards to those workers lawfully thereat.
47. That on October 9, 2023, while Plaintiff WADHAN SINGH was lawfully and
carefully performing work at the premises when Plaintiff sustained tripped
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over a metal barricade and fell to the ground by reason of the negligence of the
Defendants, their agents, servants and/or employees in the ownership,
management operation, direction, supervision, possession, control,
construction, rehabilitation and/or alteration of said premises and Plaintiff
sustained the injuries hereinafter alleged.
48. That the Defendants, their agents, servants and/or employees were negligent,
reckless, and careless in the ownership, operation, maintenance, control,
possession, supervision, direction, construction, inspection, management,
renovation, rehabilitation and/or alteration of said premises in that they failed
to provide the Plaintiff with a safe place to work; and the Defendants were
otherwise negligent, reckless, and careless.
49. That the Defendants, their agents, servants and/or employees had actual and/or
constructive notice of the dangerous and defective conditions existing upon the
work site.
50. That the accident, and the injuries resulting therefrom, were caused solely and
wholly by reason of the negligence of the Defendants, their agents, servants
and/or employees without any fault, want of care or culpable conduct on the
part of the Plaintiff contributing thereto.
51. That by reason of the foregoing, the Plaintiff has been rendered sick, sore,
lame, maimed and disabled, and so remains. That he has been unable to attend
to his usual vocation and activities and that he has been obliged to expend and
will in the future expend sums of money for medical aid and attention, and that
by reason of the foregoing Plaintiff has been damaged in a sum which exceeds
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the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
52. Plaintiff WADHAN SINGH repeats, reiterates and realleges each and every
"1" "51"
allegation contained in paragraphs through of the complaint together
with the same force and effect as though fully set forth at length therein.
53. That on October 9, 2023, there existed, in full force and effect, within the State
of New York, Section 200 of the Labor Law of the State of New York.
54. That by reason of the negligence of the Defendants as aforesaid, the
Defendants violated Section 200 of the Labor Law of the State of New York,
and said violation was a proximate cause of the accident and Plaintiffs
resultant injuries.
55. That by reason of the foregoing, the Plaintiff has been damaged in a sum which
exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION
56. Plaintiff WADHAN SINGH repeats, reiterates and realleges each and every
"1" "55"
allegation contained in paragraphs through of the complaint together
with the same force and effect as though fully set forth at length.
57. That on October 9, 2023, there existed in force and effect, within the State of
New York, Section 240 of the Labor Law of the State of New York.
58. That by reason of the negligence of the Defendants as aforesaid, the
Defendants violated Section 240 of the Labor Law of the State of New York,
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and said violation was a proximate cause of the accident and Plaintiff s
resultant injuries.
59. That by reason of the foregoing, the Plaintiff has been damaged in a sum which
exceeds the jurisdictional limits of all lower courts which would
Preview
FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----______________--__________________________________Ç WADHAN SINGH, Index No.: Date Purchased: Plaintiff, VERIFIED COMPLAINT -against- CITY OF NEW.YORK and NEW YORK CITY DEPARTMENT OF TRANSPORTATION, Defendants. ___________________________________________x Plaintiff, WADHAN SINGH, by his attorneys, LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC, complaining of the Defendants, respectfully alleges, upon information and belief, as follows: CONDITIONS PRECEDENT 1. That on November 16, 2023, and within the time prescribed by law, WADHAN SINGH served a Notice of Claim stating, among other things, the time when and place where the injuries and damages were sustained, together with Plaintiff's demand for adjustment thereof, on CITY OF NEW YORK. 2. That on November 16, 2023, and within the time prescribed by law, WADHAN SINGH, served a Notice of Claim stating, among other things, the time when and place where the injuries and damages were sustained, together with Plaintiff's demand for adjustment thereof, on NEW YORK CITY DEPARTMENT OF TRANPORTATION. 3. That Defendant, CITY OF NEW YORK, refused or neglected for more than the thirty (30) days, and up to the commencement of this action to make any 1 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 4. That Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, refused or neglected for more than the thirty (30) days, and up to the commencement of this action to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 5. A hearing pursuant to GML Section 50-h on behalf of defendants, CITY OF NEW YORK and NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was held and completed on March 5, 2024. 6. This action is commenced within one year and ninety days after the date of the occurrence. 7. Plaintiff has met all of the conditions precedent for the filing and service of this complaint. AS AND FOR A FIRST CAUSE OF ACTION 8. That at all times hereinafter mentioned Plaintiff WADHAN SINGH was and still is a resident of the City of Yonkers, State of New York. 9. That this action falls within one or more of the exceptions set forth in CPLR §1602. 10. That at all times herein mentioned, Defendant CITY OF NEW YORK, was and still is a municipality, organized and existing under and by virtue of the laws of the State of New York. 11. That at all times herein mentioned, defendant NEW YORK CITY 2 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 DEPARTMENT OF TRANSPORTATION, was and is a municipal organization, organized and existing under and by virtue of the laws of the State of New York. 12. That at all times hereinafter mentioned including on October 9, 2023, Defendant CITY OF NEW YORK, was the owner of a certain building, land, and/or premises construction site located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 13. That at all times hereinafter mentioned including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was the owner of a certain building, land, and/or premises erected thereon and located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 14. That at all times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK, was the licensor of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 15. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was the licensor of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 3 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 16. That at all times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK, was the licensee of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 17. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was the licensee of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 18. That at all times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK, was the lessor of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 19. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was the lessor of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 20. That at all times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK, was the lessee of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the 4 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 21. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was the lessee of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 22. That at all times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK, was the assignor of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 23. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was the assignor of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 24. That at all times hereinatter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK, was the assignee of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 5 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 25. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was the assignee of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 26. That at all times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK operated the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 27. That at all times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK maintained the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 28. That at all times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK controlled the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 29. That at all times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK managed the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the 6 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 30. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION operated the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 31. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION maintained the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 32. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION controlled the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 33. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION managed the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 7 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 34. That at all times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK was performing construction, renovation, excavation, demolition, repair, inspection, cleaning, and/or alteration of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 35. That at all times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION was performing construction, renovation, excavation, demolition, repair, inspection, cleaning, and/or alteration of the aforesaid building, land and/or premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 36. That at times hereinafter mentioned, including on October 9, 2023, Defendant CITY OF NEW YORK acted as general contractor and/or construction manager for the construction, renovation, excavation, demolition, repair, inspection, cleaning and/or alteration of the premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 37. That at times hereinafter mentioned, including on October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION acted as general contractor and/or construction manager for the construction, renovation, excavation, demolition, repair, inspection, cleaning and/or alteration of the premises located at or about and known as Frankfort Street at 8 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 38. That prior to and including October 9, 2023, Pullman Services was hired and/or retained by Defendant CITY OF NEW YORK pursuant to a written contract or agreement to perform construction, renovation, excavation, demolition, repair, inspection, cleaning and/or alteration of the premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 39. That prior to and including October 9, 2023, Pullman Services was hired and/or retained by Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION pursuant to a written contract or agreement to perform construction, renovation, excavation, demolition, repair, inspection, cleaning and/or alteration of the premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 40. That prior to and including October 9, 2023, Pullman Services performed construction, renovation, excavation, demolition, repair, inspection, cleaning and/or alteration of the premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 41. That prior to and including October 9, 2023, Plaintiff WADHAN SINGH was an employee of Pullman Services. 9 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 42. That prior to and including October 9, 2023, Plaintiff WADHAN SINGH was an employee of Pullman Services and in the course of his work was performing construction, renovation, excavation, demolition, repair, inspection, cleaning and/or alteration of the premises located at or about and known as Frankfort Street at the Manhattan side of the Brooklyn Bridge, in the New York County, State of New York 43. That prior to and including October 9, 2023, Defendant CITY OF NEW YORK, managed, maintained, controlled, supervised, and directed the construction, renovation, excavation, demolition, repair, inspection, cleaning and/or alteration of the premises by Plaintiff WADHAN SINGH, an employee of Pullman Services. 44. That prior to and including October 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, managed, maintained, controlled, supervised, and directed the construction, renovation, excavation, demolition, repair, inspection, cleaning and/or alteration of the subject premises by Plaintiff WADHAN SINGH, an employee of Pullman Services. 45. That the Defendants, their agents, servants and/or employees had the duty to provide the Plaintiff with a safe place to work. 46. That the their servants and/or employees had the non- Defendants, agents, delegable duty to see that the work site was kept reasonably safe and free of dangers and hazards to those workers lawfully thereat. 47. That on October 9, 2023, while Plaintiff WADHAN SINGH was lawfully and carefully performing work at the premises when Plaintiff sustained tripped 10 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 over a metal barricade and fell to the ground by reason of the negligence of the Defendants, their agents, servants and/or employees in the ownership, management operation, direction, supervision, possession, control, construction, rehabilitation and/or alteration of said premises and Plaintiff sustained the injuries hereinafter alleged. 48. That the Defendants, their agents, servants and/or employees were negligent, reckless, and careless in the ownership, operation, maintenance, control, possession, supervision, direction, construction, inspection, management, renovation, rehabilitation and/or alteration of said premises in that they failed to provide the Plaintiff with a safe place to work; and the Defendants were otherwise negligent, reckless, and careless. 49. That the Defendants, their agents, servants and/or employees had actual and/or constructive notice of the dangerous and defective conditions existing upon the work site. 50. That the accident, and the injuries resulting therefrom, were caused solely and wholly by reason of the negligence of the Defendants, their agents, servants and/or employees without any fault, want of care or culpable conduct on the part of the Plaintiff contributing thereto. 51. That by reason of the foregoing, the Plaintiff has been rendered sick, sore, lame, maimed and disabled, and so remains. That he has been unable to attend to his usual vocation and activities and that he has been obliged to expend and will in the future expend sums of money for medical aid and attention, and that by reason of the foregoing Plaintiff has been damaged in a sum which exceeds 11 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 52. Plaintiff WADHAN SINGH repeats, reiterates and realleges each and every "1" "51" allegation contained in paragraphs through of the complaint together with the same force and effect as though fully set forth at length therein. 53. That on October 9, 2023, there existed, in full force and effect, within the State of New York, Section 200 of the Labor Law of the State of New York. 54. That by reason of the negligence of the Defendants as aforesaid, the Defendants violated Section 200 of the Labor Law of the State of New York, and said violation was a proximate cause of the accident and Plaintiffs resultant injuries. 55. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION 56. Plaintiff WADHAN SINGH repeats, reiterates and realleges each and every "1" "55" allegation contained in paragraphs through of the complaint together with the same force and effect as though fully set forth at length. 57. That on October 9, 2023, there existed in force and effect, within the State of New York, Section 240 of the Labor Law of the State of New York. 58. That by reason of the negligence of the Defendants as aforesaid, the Defendants violated Section 240 of the Labor Law of the State of New York, 12 of 16 FILED: NEW YORK COUNTY CLERK 04/04/2024 10:23 AM INDEX NO. 153113/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/04/2024 and said violation was a proximate cause of the accident and Plaintiff s resultant injuries. 59. That by reason of the foregoing, the Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would