1EDON811512011

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

BANKERS STANDARD INSURANCE COMPANY, as Subrogee of OLIVER GOLDSTEIN and BARBARA GOLDSTEIN, Plaintiff, -against120 EAST 79TH STREET, I N C and NORA RYAN, Defendants.
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Index No.:

11103422

SUMMONS
Basis of venue: Location of Incident Street ,New York

TO THE ABOVE-NAMED DEFENDANTS

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiffs 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. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint.
Plaintiff designates New York County as the place for trial. Dated: New York, New York August 12,201 1 GENNET, KALLMANN, ANTIN &ROBINSON, P.C. Attorneys for Plaintiff 140 Broadway, Litman Suite New York, NY 10005

120 EAST 79THSTREET, INC. c/o Brown Harris Stevens 770 Lexington Avenue New York, NY 10021

NORA RYAN 2.120 East 79thStreet, Apartment 20A New York, NY

NOTE I hu Law provides that (a) If this summons is served by its delivery to you personally wthin tho City of New York, you must appear and answer wrth T W h T Y days after such service, or (b) If this summonsis served by delivery to any person other than you personally, or is served outside the City o f New York, or by publication, or by m y means other than personal delivery to you within the City of New York, you are allowed THIRTY days after proof of service thereof is filed wrth the Clerk of this Court within which to appear and answer

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

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BANKERS STANDARD INSURANCE COMPANY, as Subrogee of OLIVER GOLDSTEIN and BARBARA GOLDSTEIN, Plaintiff, -against-

Index No.:

COMPLAINT

120 EAST 79T11 STREET, INC. and NORA RYAN,

Plaintiff, Bankers Standard Insurance Company, as Subrogee of Oliver Goldstein and Barbara Goldstein, by and through its attorneys, Gennet, Kallmann, Antin & Robinson, P.C., by way of complaint against the defendants, 120 East 79* Street, Inc. and Nora Ryan, upon information and belief, alleges the following: AS AND FOR A FIRST CAUSE OF ACTION
1.

At all relevant times, plaintiff, Bankers Standard Insurance Company, was an

insurance carrier authorized to conduct business in the State of New York and issue property insurance policies.

2.

At all times hereinafter mentioned, 120 East 79'hStreet, Inc. was and still is a

corporation duly organized and existing under the laws of the State of New York and the owner of property located at 129 East 79'h Street, New York, New York. 3. At all times hereinafter mentioned, Nora Ryan was an individual residing at 120 East

79'h Street, Apartment 20A, New York, New York.

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4.

On or about April 13,2011, the plaintiffs subrogors sustained property damage at

the premises located at 120 East 79* Street, New York, New York.
5.

At all times hereinafter mentioned, Oliver Goldstein and Barbara Goldstein resided

at 120 East 79'h Street, Apartment 19C, New York, New York.
6.

That on or about April 13,20 11, water entered into the premises of the plaintiffs

subrogors, damaging the plaintiff's subrogors' property therein.

7.

That the water entered the plaintiffs subrogors' premises as a result of the

negligence of the defendants, 120 East 79thStreet, Inc. and/or Nora Ryan.
8.

That as a result of the aforementioned water, the premises of the plaintiffs subrogors

sustained property damage.

9.

That as a result of the negligence of the defendants, either jointly or severally, the

plaintiffs subrogors' property was damaged in the sum of $43,234.03, 10. That on or about August 3 1,2010, Bankers Standard Insurance Company issued to

its subrogors a policy of insurance for the period of August 3 1,2010 to August 3 1,2011, insuring the subrogors' property located at 120 East 7gthStreet, Apartment 19C, New York, New York,

1 1.

According to the terms and conditions of the policy of insurance, plaintiff, Bankers

Standard Insurance Company, paid its insureds $43,234.03 for losses sustained on or about April 13, 201 1, for property and contents. 12. By reason thereof, plaintiff, Bankers Standard Insurance Company, was subrogated

to the rights of Oliver Goldstein and Barbara Goldstein as against the defendants herein. 13. That plaintiff's subrogors' property was damaged as a result of the negligence of the

defendants, 120 East 79'h Street, Inc. and/or Nora Ryan, either jointly or severally.
2

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14.

That plaintiffs subrogors were damaged in the sum of $43,234.03. Under the terms of said policy, plaintiff was damaged in the sum of $43,234.03. That the defendants are indebted to the plaintiff in the sum of $43,234.03. AS AND FOR A SECOND CAUSE OF ACTION

15.
16.

17.

Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1

through 16, inclusive, with the same force and effect as if set forth at length herein. 18. That on or about April 13,201 1, the defendant 120 East 79thStreet, Inc., as owner of

the premises, had been advised of problems with the drain in the premises located at 120 East 79* Street, Apartment 20A, New York, New York. 19. That on or before April 13,20 11, the defendant 120 East 79thStreet, Inc. had

undertaken various endeavors to rectify problems with the drain located in the premises located at
120 East 79thStreet, Apartment 20A, New York, New York.

20.

As owner of the premises, defendant 120 East 79thStreet, Inc. had a duty to maintain

and to oversee all work performed in the premises.

2 1,

That as a result of the failure of the defendant 120 East 79 Street, Inc. to properly

supervise the work of employees andlor contractors performing work in the premises, water was subsequently permitted to escape, entering the plaintiffs subrogors premises and damaging the plaintiffs subrogors property located therein. 22. That defendant 120 East 79thStreet, Inc.s failure to properly supervise the work of

its employees and/or contractors was negligent and, as a result, plaintiffs subrogors property was damaged in the sum of $43,234.03.

23.

That the plaintiff was damaged in the sum of $43,234.03. 3

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24.
$43,234.03.

That defendant 120 East 79* Street, Inc. is indebted to the plaintiff in the sum of

WHEREFORE, plaintiff, Bankers Standard Insurance Company, as Subrogee of Oliver Goldstein and Barbara Goldstein, demands judgment against the defendants, 120 East 7gthStreet, Inc. and Nora Ryan, jointly andor severally, in the sum of $43,234.03, with interest from April 13, 20 11, together with the costs and expenses of this action, including reasonable attorneys fees. Dated: New York, New York August 12,201 1

GENNET, KALLMANN, ANTIN & ROBINSON, P.C. Attorneys for Plaintiff 140 Broadway, 3 8" Floor New York, NY 10005

WILLIAM G. HANFT, ESQ.

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Index No.

Year 20

SUPREME COURT OF THE STATE OF NEW Y O N COUNTY OF NEW YORK

BANKERS STANDARD INSURANCE COMPANY, as Subrogee of OLIVER GOLDSTEIN and BARBARA GOLDSTEIN, Plaintiff, - against 120 EAST 79TH STREET, INC. and NORA RYAN,

Defendants.
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SUMMONS AND COMPLAINT

GENNET,KALLMANN, ANTIN & ROBINSON, P C ..

Attorneys for

Plaintiff
LITMAN SUITE 140 BROADWAY, 38TH FLOOR NEW YORK, NEW YORK 10005 (212) 406-1919

Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) i f the annexed document is an initiating pleading, (0 the matter was not for the illegal conduct are obtained through illegal conduct, or that i f it was, the matter involves potential not participating in the matter or sharing in any fee 2 NYCRR 1200.41-a. claims for personal injury or wrongful death, the mat Dated: .............................................
.. . . . .
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Print Signer's Name ..................................................................................................................

Service ofa copy of the within Dated: Attorney(s) for

is hereby admitted.

PLEASE TAKE NOTICE thut the within i s a (cmified) true copy of a $ NOTICE OF entered in the office of the clerlc of the within-named Court on

20

ENTRY

NOTICE OF SETTLEMENT

that an Order of which the within is a true copy wiU be presented for settlement to the , one of thejudges of the within-named Court, Hen.

Ut

on

20

at

M.

Dated:
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GENNET,KALLMANN, ANTIN t ROBINSON, P.C.

Attorneys for