Professional Documents
Culture Documents
158613/2016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2016
TO: 217 TRUST UTA JANUARY 22, 2013 and JOHN DOE, AS TRUSTEE OF 217
TRUST UTA JANUARY 22, 2013 and CHRISTOPHER CORNELL and VICKY
CORNELL and PUNCHLIST INCORPORATED and VIR BUILERS, INC. and
PETRACCA DESIGN & ENGINEERING, P.C.
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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 summons, to serve a notice of
appearance, on Plaintiff’s Attorney within 20 days after the service of this summons, exclusive
of the day of service (or within 30 days after the services 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.
/s/ V. Kushnir
Date: 10/12/2016 By: ____________________
Vlad Kushnir, Esq.
VB Kushnir, LLC
vk@vbklaw.com
/s/ M. Vaccaro
Date: 10/12/2016 By: ____________________
Michael Vaccaro, Esq.
Kearns & Duffy, P.C.
mcvaccaro@kearnsduffylaw.com
3648 Valley Road
Liberty Corner, NJ 07938
P: 908-647-7773 | F: 908-647-2314
TO:
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and
CHRISTOPHER CORNELL
217 East 62nd Street
New York, NY 10065
and
VICKY CORNELL
217 East 62nd Street
New York, NY 10065
and
PUNCHLIST INCORPORATED
462 Broadway | Third Floor
New York, NY 10013
and
VIR BUILERS, INC.
35-18 37th Street | Suite 1L
Long Island City, NY 11101
and
PETRACCA DESIGN & ENGINEERING, P.C.
199 Derby Place
Smithtown, NY 11787
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
COMPLAINT
Plaintiff, by and through its attorneys, brings this Civil Action and by way of this
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PARTIES
2. Upon information and belief, Defendant 217 TRUST UTA JANUARY 22, 2013
(“Trust”) is the owner of the property located at 217 East 62nd Street, City of New York, County
3. Defendant JOHN DOE (“Doe”) is the trustee of Trust, whose identity is currently
unknown.
VICKY CORNELL (collectively “Cornell”) are the beneficiaries of Trust and adult individuals
(“Punchlist”) is a New York corporation with a principal place of business set forth on the
caption above.
6. Upon information and belief, Defendant VIR BUILERS, INC. (“VIR”) is/was a
New York corporation with a principal place of business set forth on the caption above.
ENGINEERING, P.C. (“PDE”) is a New York professional corporation with a principal place of
8. Upon information and belief, at all times relevant and material hereto, Defendants
Punchlist and VIR were in the construction, demolition and/or excavation business.
9. Upon information and belief, at all times relevant and material hereto, Defendant
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PERSONAL JURISDICTION AND VENUE
10. Upon information and belief, at all times relevant and material hereto, Defendants
were engaged in various activities that allow this Court to exercise personal jurisdiction over
11. The case is properly venued in this County because this is the county where the
GENERAL ALLEGATIONS
12. Prior to November 2014, Plaintiff issued a policy of insurance with respect to a
residential property of Simon Naparstek (“Insured”) located at 215 East 62nd Street, City of New
13. Defendants’ Property and Plaintiff’s Property are/were adjacent to each other.
14. Upon information and belief, sometime in 2014 and 2015, Defendants Doe, Trust
and/or Cornell hired Defendants Punchline and VIR to conduct various construction, excavation
15. Upon information and belief, prior to November 2014, Defendant PDE was hired
by Defendant Doe and/or Defendant Trust and/or Defendant Cornel and/or Defendant Punchline
and/or Defendant VIR to prepare architectural/engineering plans and blueprints with respect to
said construction, excavation and/or demolition work and/or to supervise said construction,
16. In November 2014, Plaintiff’s Property sustained serious structural damage and
Insured suffered various losses and expenses as a result of said structural damage, in excess of
$25,000.00.
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17. Upon information and belief, said damage was caused by Defendants’ negligence
18. Pursuant to the terms of the insurance policy issued by Plaintiff to Insured, on
account of said losses and damage, Plaintiff made payments to Insured in excess of $25,000.00.
19. By virtue of the aforesaid payments, pursuant to the aforesaid insurance policy,
and by operation of law, Plaintiff is subrogated to the rights of Insured with regard to the
20. Plaintiff incorporates the allegations of all previous paragraphs hereof as though
21. At all times relevant and material hereto, Defendants Punchline and VIR owed a
duty to exercise reasonable care in performing their work, and to avoid creating the risk of
22. Upon information and belief, the occurrence and the subsequent damage as
described herein were the direct and proximate result of the negligence, carelessness, and
(b) failing to perform their construction, excavation and/or demolition work with
care;
(d) failing to properly reinforce walls at (or adjacent to) their jobsite;
(e) failing to make sure proper underpinning was done at (or adjacent to) their
jobsite;
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(f) failing to follow the plans, blueprints, instructions and recommendations
provided by Defendant PDE;
(m) failing to comply with applicable codes, laws, regulations, and industry
standards; and
(n) failing to properly hire, train, supervise and/or oversee their personnel and
contractors.
23. The negligence and carelessness of the agents, servants, workmen and/or
employees of Defendants Punchline and VIR which occurred within the course and scope of said
employment and/or agency with said Defendants is imputed upon said Defendants and said
24. As a direct and proximate result of said negligence, the Insured suffered damage
in excess of $25,000.00.
WHEREFORE, Plaintiff a/s/o Insured demands judgment in its favor and against
Defendants Punchline and VIR in excess of $25,000.00, together with interests, costs of suit, and
any other relief this Honorable Court deems just and proper.
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25. Plaintiff incorporates the allegations of all previous paragraphs hereof as though
26. The negligent acts and omissions by Defendants Punchline and VIR described
above constitute violations of the NYC Administrative Code and NYC Building Code.
27. As a direct and proximate result of said violations, Insured suffered damage in
excess of $25,000.00.
WHEREFORE, Plaintiff a/s/o Insured demands judgment in its favor and against
Defendants Punchline and VIR in excess of $25,000.00, together with interests, costs of suit, and
any other relief this Honorable Court deems just and proper.
28. Plaintiff incorporates the allegations of all previous paragraphs hereof as though
29. At all times relevant and material hereto, Defendants Doe, Trust and Connell
owed a duty to exercise reasonable care in selecting, hiring and monitoring their contractors, and
to avoid creating the risk of damage to adjacent properties, including the Plaintiff’s Property.
30. Upon information and belief, the occurrence and the subsequent damage as
described herein were the direct and proximate result of the negligence, carelessness, and
negligent acts and omissions of Defendants Doe, Trust and Connell in:
(a) carelessly and negligently selecting, hiring and supervising their contractors,
including Defendants Punchline and VIR;
(b) hiring Defendants Punchline and VIR when Defendants Doe, Trust and
Connell knew or should have known that Defendants Punchline and VIR did not
have proper experience to perform the work for which they were hired;
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(c) hiring Defendants Punchline and VIR when Defendants Doe, Trust and
Connell knew or should have known that Defendants Punchline and VIR had the
propensity to perform their work in a negligent and careless manner;
(d) failing to make sure the work done by Defendants Punchline and VIR was
properly monitored; and
(e) failing to discover and warn that the work performed by Defendants Punchline
and VIR was causing damage to adjacent properties.
31. As a direct and proximate result of said negligence, Insured suffered damage in
excess of $25,000.00.
WHEREFORE, Plaintiff a/s/o Insured demands judgment in its favor and against
Defendants Trust and Connell in excess of $25,000.00, together with interests, costs of suit, and
any other relief this Honorable Court deems just and proper.
32. Plaintiff incorporates the allegations of all previous paragraphs hereof as though
33. Pursuant to the NY Building and Administrative Codes, Defendants Doe, Trust
and Connell are liable for the negligent acts and omissions of Defendants Punchline and VIR.
WHEREFORE, Plaintiff a/s/o Insured demands judgment in its favor and against
Defendants Doe, Trust and Connell in excess of $25,000.00, together with interests, costs of suit,
and any other relief this Honorable Court deems just and proper.
34. Plaintiff incorporates the allegations of all previous paragraphs hereof as though
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35. At all times relevant and material hereto, Defendant PDE owed a duty to exercise
reasonable care and skill in rendering its architectural/engineering services and to avoid creating
an unreasonable risk of property damage to the properties adjacent to the subject jobsite.
36. Upon information and belief, the occurrence and the subsequent damage as
described herein were the direct and proximate result of the negligence, carelessness, and
(a) performing its services in a manner that caused damage to Plaintiff’s Property;
(f) failing to comply with applicable statutes, codes, regulations, building codes,
and generally recognized industry practices and standards.
37. As a direct and proximate result of said negligence, Insured suffered damage in
excess of $25,000.00.
WHEREFORE, Plaintiff a/s/o Insured demands judgment in its favor and against
Defendant PDE in excess of $25,000.00, together with interests, costs of suit, and any other relief
/s/ V. Kushnir
Date: 10/12/2016 By: ____________________
Vlad Kushnir, Esq.
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VB Kushnir, LLC
vk@vbklaw.com
/s/ M. Vaccaro
Date: 10/12/2016 By: ____________________
Michael Vaccaro, Esq.
Kearns & Duffy, P.C.
mcvaccaro@kearnsduffylaw.com
3648 Valley Road
Liberty Corner, NJ 07938
P: 908-647-7773 | F: 908-647-2314
TO:
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and
PETRACCA DESIGN & ENGINEERING, P.C.
199 Derby Place
Smithtown, NY 11787
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