Preview
FILED: HAMILTON COUNTY CLERK 01/12/2022 11:47 AM INDEX NO. EH2022-7675
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HAMILTON
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THE ANDOVER COMPANIES, as subrogee of,
MARSHALL DAMON and KATHLEEN DAMON, Index No. ____________
Plaintiff, SUMMONS
-against-
HONEYWELL INTERNATIONAL, INC.,
RAQUETTE LAKE SUPPLY CO., INC.,
RESIDEO LIFE CARE SOLUTIONS LLC,
RESIDEO TECHNOLOGIES, INC., TACO COMFORT
SOLUTIONS, and ZURN INDUSTRIES, LLC.
Defendants.
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TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorney an
Answer to the Complaint in this action within twenty (20) days after the service of this summons,
exclusive of the day of service, or within thirty (30) days after service is complete if this summons
is not personally delivered to you within the State of New York. In case of your failure to answer,
Judgment will be taken against you by default for the relief demanded in the complaint
The basis of the venue designated is: Defendant RAQUETTE LAKE SUPPLY CO., INC.
resides in the State of New York, County of HAMILTON.
Dated: January 12, 2022
Brooklyn, New York
ABRAMS FENSTERMAN, LLP
By: _________________
Randy S. Faust, Esq.
Attorneys for Plaintiff
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THE ANDOVER COMPANIES, as
subrogee of, MARSHALL DAMON and
KATHLEEN DAMON
One MetroTech Center, Suite 1701
Brooklyn, New York 11201
Defendant(s) Addresses:
HONEYWELL INTERNATIONAL, INC.
80 STATE STREET
ALBANY, NY 12207
RAQUETTE LAKE SUPPLY CO., INC.
DILLON RD, PO BOX 57
RAQUETTE LAKE, NY 13436
RESIDEO LIFE CARE SOLUTIONS LLC
80 STATE STREET
ALBANY, NY 12207
RESIDEO TECHNOLOGIES, INC.
901 East 6th Street
Austin, TX 78702
RESIDEO TECHNOLOGIES, INC.
3400 Intertech Drive, Suite 200
Brookfield, WI 53045
TACO COMFORT SOLUTIONS
1160 Cranston Street
Cranston, RI 02920
ZURN INDUSTRIES, LLC
511 W. Freshwater Way
Milwaukee, WI 53204
ZURN INDUSTRIES, LLC
28 Liberty Street
New York, NY 10005
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FILED: HAMILTON COUNTY CLERK 01/12/2022 11:47 AM INDEX NO. EH2022-7675
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HAMILTON
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THE ANDOVER COMPANIES, as subrogee of,
MARSHALL DAMON and KATHLEEN DAMON, Index No. ____________
Plaintiff, COMPLAINT
-against-
HONEYWELL INTERNATIONAL, INC.,
RAQUETTE LAKE SUPPLY CO., INC.,
RESIDEO LIFE CARE SOLUTIONS LLC,
RESIDEO TECHNOLOGIES, INC., TACO COMFORT
SOLUTIONS, and ZURN INDUSTRIES, LLC.
Defendants.
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Plaintiff THE ANDOVER COMPANIES, as subrogee of, MARSHALL DAMON and
KATHLEEN DAMON, by and through their attorneys, ABRAMS FENSTERMAN, LLP,
complaining against Defendants HONEYWELL INTERNATIONAL, INC., RAQUETTE LAKE
SUPPLY CO., INC., RESIDEO LIFE CARE SOLUTIONS LLC, RESIDEO TECHNOLOGIES,
INC., TACO COMFORT SOLUTIONS, and ZURN INDUSTRIES, LLC, sets forth and alleges
as follows:
1. THE ANDOVER COMPANIES is an insurance company organized under the laws
of the State of Massachusetts, and is authorized to transact business in the State of New York.
2. At all times hereinafter mentioned, Plaintiff's subrogors, MARSHALL DAMON
and KATHLEEN DAMON, reside within the State of New York.
3. At all times hereinafter mentioned, Defendant HONEYWELL
INTERNATIONAL, INC. is a foreign business corporation duly licensed to transact business in
the State of New York.
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4. At all times hereinafter mentioned, Defendant RAQUETTE LAKE SUPPLY CO.,
INC. is a domestic business corporation that maintains its principal place of business in the County
of Hamilton, State of New York.
5. At all times hereinafter mentioned, Defendant RESIDEO LIFE CARE
SOLUTIONS LLC is a foreign limited liability company duly licensed to transact business in the
State of New York.
6. At all times hereinafter mentioned, Defendant RESIDEO TECHNOLOGIES, INC.
is incorporated in the State of Delaware and transacts business within the State of New York.
7. At all times hereinafter mentioned, Defendant TACO COMFORT SOLUTIONS
INC. is incorporated in the State of Rhode Island and transacts business within the State of New
York.
8. At all times hereinafter mentioned, Defendant ZURN INDUSTRIES, LLC is a
foreign limited liability company duly licensed to transact business in the State of New York.
AS AND FOR A FIRST CAUSE OF ACTION
9. At all times hereinafter mentioned, THE ANDOVER COMPANIES, pursuant to
an insurance policy issued to MARSHALL DAMON and KATHLEEN DAMON, provided
property damage coverage to its subrogors, MARSHALL DAMON and KATHLEEN DAMON.
10. That pursuant to the policy of insurance issued by THE ANDOVER COMPANIES
to subrogors MARSHALL DAMON and KATHLEEN DAMON, THE ANDOVER
COMPANIES has the right to subrogate the amounts paid to its subrogors, and institute a cause of
action against the Defendants for reimbursement of monies paid as well as Plaintiff's subrogors’
insurance deductible.
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11. That on or about March 11, 2021, Plaintiff's subrogors, MARSHALL DAMON &
KATHLEEN DAMON, were the owners of the premises located at 56 Route 28, Inlet, New York.
12. That at the aforesaid time and place, a boiler explosion occurred. As a result of the
explosion, property damage was sustained to the premises. The structure was a single-story home.
The house and grounds were in good condition and well maintained prior to the boiler explosion.
The boiler was the primary heat source for the structure.
13. That at the aforesaid time and place, the boiler and the associated piping and wiring
were all displaced, with large sections of the cast iron boiler sections having been ejected from the
unit. The controls had been crushed as the boiler was propelled across the basement while the oil
burner was ejected from the unit.
14. That at the aforesaid time and place, the boiler explosion was caused by
Defendants’ negligence, carelessness and recklessness in permitting and allowing improper
maintenance and repair procedures to be performed, including but not limited to, the failure to test
the pressure relief valve prior to returning the boiler to service, and the failure of the low water cut
off to identify a lack of water in the boiler.
15. That by reason of the foregoing, the Plaintiff's subrogors sustained property damage
as defined by the Insurance Law of the State of New York.
16. That as a result of the Defendants’ negligence, Plaintiff's subrogor sought repairs
to the property.
17. That Plaintiff THE ANDOVER COMPANIES and its subrogors, sustained
damages in the amount of $50,000 due to the negligence of the Defendants.
18. That the sole and proximate cause of the loss to the Plaintiff and its subrogors is the
negligence of the Defendants.
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WHEREFORE, Plaintiff demands judgment against the Defendants for the sum of
$50,000, plus interest from March 11, 2021, together with costs and disbursements of this action.
Dated: January 12, 2022
Brooklyn, New York
ABRAMS FENSTERMAN, LLP
By: _________________
Randy S. Faust, Esq.
Attorneys for Plaintiff
THE ANDOVER COMPANIES, as
subrogee of, MARSHALL DAMON and
KATHLEEN DAMON
One MetroTech Center, Suite 1701
Brooklyn, New York 11201
Defendant(s) Addresses:
HONEYWELL INTERNATIONAL, INC.
80 STATE STREET
ALBANY, NY 12207
RAQUETTE LAKE SUPPLY CO., INC.
DILLON RD, PO BOX 57
RAQUETTE LAKE, NY 13436
RESIDEO LIFE CARE SOLUTIONS LLC
80 STATE STREET
ALBANY, NY 12207
RESIDEO TECHNOLOGIES, INC.
901 East 6th Street
Austin, TX 78702
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RESIDEO TECHNOLOGIES, INC.
3400 Intertech Drive, Suite 200
Brookfield, WI 53045
TACO COMFORT SOLUTIONS
1160 Cranston Street
Cranston, RI 02920
ZURN INDUSTRIES, LLC
511 W. Freshwater Way
Milwaukee, WI 53204
ZURN INDUSTRIES, LLC
28 Liberty Street
New York, NY 10005
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Preview
FILED: HAMILTON COUNTY CLERK 01/12/2022 11:47 AM INDEX NO. EH2022-7675 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF HAMILTON ---------------------------------------------------------------------X THE ANDOVER COMPANIES, as subrogee of, MARSHALL DAMON and KATHLEEN DAMON, Index No. ____________ Plaintiff, SUMMONS -against- HONEYWELL INTERNATIONAL, INC., RAQUETTE LAKE SUPPLY CO., INC., RESIDEO LIFE CARE SOLUTIONS LLC, RESIDEO TECHNOLOGIES, INC., TACO COMFORT SOLUTIONS, and ZURN INDUSTRIES, LLC. Defendants. --------------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorney an Answer to the Complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken against you by default for the relief demanded in the complaint The basis of the venue designated is: Defendant RAQUETTE LAKE SUPPLY CO., INC. resides in the State of New York, County of HAMILTON. Dated: January 12, 2022 Brooklyn, New York ABRAMS FENSTERMAN, LLP By: _________________ Randy S. Faust, Esq. Attorneys for Plaintiff 1 of 7 FILED: HAMILTON COUNTY CLERK 01/12/2022 11:47 AM INDEX NO. EH2022-7675 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2022 THE ANDOVER COMPANIES, as subrogee of, MARSHALL DAMON and KATHLEEN DAMON One MetroTech Center, Suite 1701 Brooklyn, New York 11201 Defendant(s) Addresses: HONEYWELL INTERNATIONAL, INC. 80 STATE STREET ALBANY, NY 12207 RAQUETTE LAKE SUPPLY CO., INC. DILLON RD, PO BOX 57 RAQUETTE LAKE, NY 13436 RESIDEO LIFE CARE SOLUTIONS LLC 80 STATE STREET ALBANY, NY 12207 RESIDEO TECHNOLOGIES, INC. 901 East 6th Street Austin, TX 78702 RESIDEO TECHNOLOGIES, INC. 3400 Intertech Drive, Suite 200 Brookfield, WI 53045 TACO COMFORT SOLUTIONS 1160 Cranston Street Cranston, RI 02920 ZURN INDUSTRIES, LLC 511 W. Freshwater Way Milwaukee, WI 53204 ZURN INDUSTRIES, LLC 28 Liberty Street New York, NY 10005 2 of 7 FILED: HAMILTON COUNTY CLERK 01/12/2022 11:47 AM INDEX NO. EH2022-7675 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF HAMILTON ---------------------------------------------------------------------X THE ANDOVER COMPANIES, as subrogee of, MARSHALL DAMON and KATHLEEN DAMON, Index No. ____________ Plaintiff, COMPLAINT -against- HONEYWELL INTERNATIONAL, INC., RAQUETTE LAKE SUPPLY CO., INC., RESIDEO LIFE CARE SOLUTIONS LLC, RESIDEO TECHNOLOGIES, INC., TACO COMFORT SOLUTIONS, and ZURN INDUSTRIES, LLC. Defendants. --------------------------------------------------------------------X Plaintiff THE ANDOVER COMPANIES, as subrogee of, MARSHALL DAMON and KATHLEEN DAMON, by and through their attorneys, ABRAMS FENSTERMAN, LLP, complaining against Defendants HONEYWELL INTERNATIONAL, INC., RAQUETTE LAKE SUPPLY CO., INC., RESIDEO LIFE CARE SOLUTIONS LLC, RESIDEO TECHNOLOGIES, INC., TACO COMFORT SOLUTIONS, and ZURN INDUSTRIES, LLC, sets forth and alleges as follows: 1. THE ANDOVER COMPANIES is an insurance company organized under the laws of the State of Massachusetts, and is authorized to transact business in the State of New York. 2. At all times hereinafter mentioned, Plaintiff's subrogors, MARSHALL DAMON and KATHLEEN DAMON, reside within the State of New York. 3. At all times hereinafter mentioned, Defendant HONEYWELL INTERNATIONAL, INC. is a foreign business corporation duly licensed to transact business in the State of New York. 3 of 7 FILED: HAMILTON COUNTY CLERK 01/12/2022 11:47 AM INDEX NO. EH2022-7675 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2022 4. At all times hereinafter mentioned, Defendant RAQUETTE LAKE SUPPLY CO., INC. is a domestic business corporation that maintains its principal place of business in the County of Hamilton, State of New York. 5. At all times hereinafter mentioned, Defendant RESIDEO LIFE CARE SOLUTIONS LLC is a foreign limited liability company duly licensed to transact business in the State of New York. 6. At all times hereinafter mentioned, Defendant RESIDEO TECHNOLOGIES, INC. is incorporated in the State of Delaware and transacts business within the State of New York. 7. At all times hereinafter mentioned, Defendant TACO COMFORT SOLUTIONS INC. is incorporated in the State of Rhode Island and transacts business within the State of New York. 8. At all times hereinafter mentioned, Defendant ZURN INDUSTRIES, LLC is a foreign limited liability company duly licensed to transact business in the State of New York. AS AND FOR A FIRST CAUSE OF ACTION 9. At all times hereinafter mentioned, THE ANDOVER COMPANIES, pursuant to an insurance policy issued to MARSHALL DAMON and KATHLEEN DAMON, provided property damage coverage to its subrogors, MARSHALL DAMON and KATHLEEN DAMON. 10. That pursuant to the policy of insurance issued by THE ANDOVER COMPANIES to subrogors MARSHALL DAMON and KATHLEEN DAMON, THE ANDOVER COMPANIES has the right to subrogate the amounts paid to its subrogors, and institute a cause of action against the Defendants for reimbursement of monies paid as well as Plaintiff's subrogors’ insurance deductible. 4 of 7 FILED: HAMILTON COUNTY CLERK 01/12/2022 11:47 AM INDEX NO. EH2022-7675 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2022 11. That on or about March 11, 2021, Plaintiff's subrogors, MARSHALL DAMON & KATHLEEN DAMON, were the owners of the premises located at 56 Route 28, Inlet, New York. 12. That at the aforesaid time and place, a boiler explosion occurred. As a result of the explosion, property damage was sustained to the premises. The structure was a single-story home. The house and grounds were in good condition and well maintained prior to the boiler explosion. The boiler was the primary heat source for the structure. 13. That at the aforesaid time and place, the boiler and the associated piping and wiring were all displaced, with large sections of the cast iron boiler sections having been ejected from the unit. The controls had been crushed as the boiler was propelled across the basement while the oil burner was ejected from the unit. 14. That at the aforesaid time and place, the boiler explosion was caused by Defendants’ negligence, carelessness and recklessness in permitting and allowing improper maintenance and repair procedures to be performed, including but not limited to, the failure to test the pressure relief valve prior to returning the boiler to service, and the failure of the low water cut off to identify a lack of water in the boiler. 15. That by reason of the foregoing, the Plaintiff's subrogors sustained property damage as defined by the Insurance Law of the State of New York. 16. That as a result of the Defendants’ negligence, Plaintiff's subrogor sought repairs to the property. 17. That Plaintiff THE ANDOVER COMPANIES and its subrogors, sustained damages in the amount of $50,000 due to the negligence of the Defendants. 18. That the sole and proximate cause of the loss to the Plaintiff and its subrogors is the negligence of the Defendants. 5 of 7 FILED: HAMILTON COUNTY CLERK 01/12/2022 11:47 AM INDEX NO. EH2022-7675 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2022 WHEREFORE, Plaintiff demands judgment against the Defendants for the sum of $50,000, plus interest from March 11, 2021, together with costs and disbursements of this action. Dated: January 12, 2022 Brooklyn, New York ABRAMS FENSTERMAN, LLP By: _________________ Randy S. Faust, Esq. Attorneys for Plaintiff THE ANDOVER COMPANIES, as subrogee of, MARSHALL DAMON and KATHLEEN DAMON One MetroTech Center, Suite 1701 Brooklyn, New York 11201 Defendant(s) Addresses: HONEYWELL INTERNATIONAL, INC. 80 STATE STREET ALBANY, NY 12207 RAQUETTE LAKE SUPPLY CO., INC. DILLON RD, PO BOX 57 RAQUETTE LAKE, NY 13436 RESIDEO LIFE CARE SOLUTIONS LLC 80 STATE STREET ALBANY, NY 12207 RESIDEO TECHNOLOGIES, INC. 901 East 6th Street Austin, TX 78702 6 of 7 FILED: HAMILTON COUNTY CLERK 01/12/2022 11:47 AM INDEX NO. EH2022-7675 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2022 RESIDEO TECHNOLOGIES, INC. 3400 Intertech Drive, Suite 200 Brookfield, WI 53045 TACO COMFORT SOLUTIONS 1160 Cranston Street Cranston, RI 02920 ZURN INDUSTRIES, LLC 511 W. Freshwater Way Milwaukee, WI 53204 ZURN INDUSTRIES, LLC 28 Liberty Street New York, NY 10005 7 of 7