NDEX NO.

450Ll"5/20L6
NYSCEF DOC,

NO.

RECETVED NYSCEF.t

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
X

BROOKLYN BRIDGE PARK CORPORATION,

Index No

Plaintiff,
v.

SUMMONS

HNTB CORPORATION, HNTB NE\ry YORK

ENGINEERING AND ARCHITECTURE, P.C.

Date filed:

Defendants.
X

YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff

attorney an answer to the Complaint in this action within twenty days after the service of this
summons, exclusive of the day of service, or within thirty days after service is complete if this

summons is not personally delivered to you within the State ofNew

York. In case of your

failure to answer, judgment will be taken against you by default for the relief demanded in the
complaint.

Plaintifls designation of venue

accords with CPLR 503(a) in that one or more

of

the parties reside in New York County.

Dated: New York, New York

January 21,2016

ZACHARY W. CARTER
Corporation Counsel of the City of New York
Auorney r Plaintiff Brooklyn Bridge
Park Corporation
100 Church Street, Rm.20-100
New York, New York 10007
(212) 3s6 2033
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h o=&nH &'nr,Ff'nr

By :

AlAn H. Klein man' Lh,skh.'*kyo*,c,,yr*

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i. ro' rtu5o 6m

Alan H. Kleinman
Assistant Corporation Counsel
To: HNTB Corp,
350 5th Ave., 57th Floor
New York, NY l0l l8

HNTB New York Engineering and Architecture, P.C.

350 5th Ave., 57th Floor
New York, NY l0l l8

0r/22 /2016

SUPREME COURT OF THE STATE OF NEW YORK

COI-INTY OF NEW YORK
X

BROOKLYN BRIDGE PARK CORPORATION,

VERIFIED COMPLAINT

Plaintift
Index

No.#O

V.

Filed: January

tl

l2ot6

2Zz\t

HNTB CORPORATION, HNTB NEW YORK

ENGINEERING AND ARCHITECTURE, P,C
Defendants
X

Plaintiff RROOKLYN BRIDGE PARK CORPORATION (the "BBP") by its atto

rney Zachary W. Carter, Corporation Counsel of the City of New York, for its complaint against
defendants HNTB Corporation and HNTB New York Engineering and Architecture, P.C. (collec

tively, "HNTB"), respectfully alleges upon personal knowledge

as

to itself and upon information

and belief as to all other matters, as follows:

PRELIMINARY STATEMENT

This action is brought to recover damages suffered by BBP as a result of

defective design and contract administration services provided by HNTB in connection with the
construction of the Squibb Park Bridge (the "Bridge").

2.

For much of its length, Brooklyn Bridge Park (the "Park") is separated

from the surrounding neighborhoods and public transportation by the Brooklyn

Queens

Expressway. To provide important additional access, BBP decided to build a bridge connecting

the Park to neighboring Brooklyn Heights, affording more direct access to the adjoining
neighborhood and to public transportation.

3.

BBP contracted with HNTB to design a pedestrian bridge connecting the

Park to Squibb Park. The Bridge would afford important, direct access from Brooklyn Heights
and subways to the Park. Monitoring of the Bridge by BBP staff showed that the structure had
become deformed and

it was immediately closed to the public.

Subsequent review has shown

that the design f-or the Bridge was inherently flawed. As a result of HNTB's contractual and
professional failures, the Bridge had to be closed and repaired, at great cost to BBP and the

public. This action seeks to recover these costs.

THE PARTIES

4.
under the laws

Plaintiff BBP is a not-for-proft corporation duly organized and existing

of the State of New York, with its principal place of business at 334 Furman

Street, Brooklyn, New York

5.
operation

of the

ll20l.

BBP is responsible for the planning, construction, maintenance

and

Park, an 85-acre sustainable waterfront park stretching 1.3 miles along

Brooklyn's East River shoreline. BBP's mission is to create and maintain a world-class park that
is a recreational, environmental and cultural destination enjoyed by the residents of, and visitors
to, New York City. BBP operates under a mandate to be financially self-sustaining.

6.
laws

Defendant HNTB Corp. is a corporation organized and existing under the

of the State of

Delaware,

with an ofce at 350 5th Ave., 57th

Floor

New York, NY 10118. HNTB Corp, is an engineering firm holding itself out to the general
public as being possessed of the skill, expertise, and knowledge of that profession.

7.

Defendant HNTB New York Engineering and Architecture, P.C. is a

professional corporation organized and existing under the laws of the State of New York, with an

ofce at 350 5th Ave.,57th Floor, New York, NY 10118. HNTB New York Engineering and
Architecture, P,C.is an engineering firm holding itself out
possessed of the

to the general public as being

skill, expertise, and knowledge of that profession.

a

FACTS

8.

BBP contracted with HNTB to design and oversee the construction of the

Bridge (the "Contract").

9.

Pursuant to the Contract, HNTB was responsible for the design and for

contract administration services that included attending site meetingso review

of

contractor

submittals, shop inspections, field observation reports, and responding to contractor Requests for

Information.

10.

In entering into the Contract with HNTB, BBP relied on HNTB's skill,

expertise, and knowledge as an engineering

firm.

Pursuant to the contract, HNTB was obligated

to perform its duties with the reasonable skill and care expected of the engineering profession,
and in accordance with generally accepted design practices.
I

HNTB contracted to perform engineering services and

contract

administration services for the Bridge and its supporting foundational elements.

12.

HNTB designed the Bridge.

13.

HNTB performed field observations and other contract administration

services during the construction of the Bridge.

14.

HNTB signed offon the Bridge as built.

15.

The Bridge design was defective.

16.

The Bridge was unstable and became deformed.

17.

The defective design of the Bridge endangered the public.

18.

As a result of the defective design, BBP had to close the Bridge on August

1l,2014,less than l8 months after it was first opened to the public.

19.

BBP worked with HNTB for over sixteen months to repair the Bridge and

reopen it to the public.

-3-

20.

As of the filing of this Complaint, the repair of the Bridge has not been

completed and the Bridge remains closed to the public.

21.

BBP's damages include the costs of re-design and repair of the Bridge. It

also includes additional losses incurred by BBB including the peer revieq surveys and testing,
fees paid to the defendants, fees paid to others to re-design and complete repair of the Bridge,

additional maintenance, and diversion of its staff from other important Park tasks to oversee the
additional work created.

FIRST CAUSE OF ACTION

(Breach of Contract)

22.

As described above, pursuant to the Contract, HNTB was responsible for

the design and contract administration services for the Bridge and was required to comply with

all applicable requirements of the Contract.

23.
expected

HNTB was required to perform the Contract with the skill and

of the engineering profession, and in

accordance

with generally accepted

care

design

principles.

24.

HNTB breached the Contract by failing to exercise due care in

performance, and breached the terms and conditions of the Contract by reason

its

of its defective

design, all of which resulted in a structurally unsound, faulty and defective Bridge, requiring its
closure and repair.

25.

As a direct result of HNTB's aforesaid breaches of the contract, BBP has

been damaged in an amount to be determined at

trial, but not less than $3 million.

SECOND CAUSE OF ACTION

(Professional Malpractice)

26.

By undertaking the design and contract administration services for

the

Bridge, HNTB assumed a duty to BBP to perform the work in accordance with the professional

-4-

standards expected of an engineering firm.

27.

HNTB was careless, failed to use reasonable and custom aty care, departed

from accepted practice, and failed to perform services in accordance with professional standards,
and therefore committed professional malpractice in its design and other services f'or the Bridge,

28.

As a direct result of HNTB's professional malpractice, the BBP has been

damaged in an amount to be determined atftial, but not less than $3 million,

WHEREFORE, plaintiff BBP demands judgment against defendants as follows:

(a)

On the First Cause of Action, against HNTB, in an amount to be determin

ed at trial, but not less than $3 million, with pre-judgment interest;

(b)

On the Second Cause of Action, against HNTB, in an amount to be determ

ined at trial, but not less than $3 million, with pre-judgment interest;

Dated;

Costs and disbursements of this action; and

(g)

For such other and further relief as the Court deems just and proper.

New York, New York

January 21,2016

ZACHARY W. CARTER
Corporation Counsel of the
City of New York
Attorney r Plaintiff Brooklyn Bridge Park Corpor
ation
100 Church Street, Rm.20-100
New York, New York 10007
(212) 3s6-2033
hn.[y @bbx hDr
fr (rbH &,m4o.^r,ruilv. txryr@

By:

Ala n H, Klel n ma n *i::_i'#;l:il::__i,"-*"i

Alan H. Kleinman
Assi stant Corporation Counsel

-5-

VERIFICATION

STATEOFNEV/YORK

)
:SS.:

COLINTY OF KINGS )
Patricia Kirshner, being duly swom, says that she is Vice President, Capital Planning

&

Constr.uction of BROOKLYN BRIDGE PARK CORPORATION; that BROOKLYN BRIDGE

PARK CORPORATION is plaintiffin the within action; that the allegations in the Complaint as

to plaintiff are true to her knowledge; that the matters alleged therein upon information and
belief, she believes to be true; and that the basis of her knowledge is the books and records of
the plaintiff and,/or statements made to her by officers, consultants or employees thereof, This
verification is not made by BROOKLYN BRIDGE PARK CORPORATION because it is a not-

for-profit corporation.

Sworn to before me this

21't

day of January,20l6.

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