Motion for Writ in Kern A. Horsford v. J.P. Hogan Coring & Sawing, Corp.| Trellis.Law

On May 07, 2024 a Complaint,Petition was filed involving a dispute between Kern A. Horsford, and J.P. Hogan Coring & Sawing, Corp., for Torts - Motor Vehicle in the District Court of Bronx County.

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FILED: BRONX COUNTY CLERK 05/07/2024 11:02 AM INDEX NO. 807539/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
========================================X
KERN A. HORSFORD, Index No.:
Date Filed:
Plaintiff,
Plaintiff designates
BRONX County
as the place of trial

-against- The basis of venue
is DEFENDANTS
KESHER J. GRAHAM
and WILLIAM J. RAWLINS
RESIDENCE

SUMMONS
J.P. HOGAN CORING & SAWING, CORP.

Defendants,
=======================================X
TO THE ABOVE NAMED DEFENDANT(S):

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 this summons, to serve a notice of
appearance, on the plaintiff's attorneys within twenty (20) days after service of this summons,
exclusive of the day of service (or within thirty (30) days after the service 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.

Dated: May 7, 2024
New York, New York Yours, etc.,
Defendant(s) address(es): HECHT, KLEEGER & DAMASHEK, P.C.
(SEE ATTACHED RIDER)
By: ______________________________
JONATHAN S. DAMASHEK, ESQ.
Attorneys for Plaintiff
19 West 44th Street – Suite 1500
New York, New York 10016
(212) 490-5700
THIS ACTION IS NOT BASED UPON A CONSUMER CREDIT TRANSACTION
THIS ACTION SEEKS RECOVERY FOR PERSONAL INJURY

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RIDER:

J.P. HOGAN CORING & SAWING, CORP.
680 Gulf Avenue,
Staten Island, NY 10314

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
=========================================X
KERN A. HORSFORD,

Plaintiff, VERIFIED
COMPLAINT

-against- Index No.:

J.P. HOGAN CORING & SAWING, CORP.

Defendants,
=========================================X

Plaintiff, by his attorneys HECHT, KLEEGER & DAMASHEK, P.C. complaining of the

defendants, respectfully sets forth and alleges upon information and belief, as follows:

AS AND FOR A FIRST CAUSE OF ACTION

1. At all times hereinafter mentioned, the plaintiff KERN A. HORSFORD,

(hereinafter “Plaintiff”) was, and still is, a resident of the State of New York.

.
2. At all times hereinafter mentioned, the defendant J.P. HOGAN CORING &

SAWING CORP., (hereinafter "J.P. HOGAN") was, and still is, a domestic corporation with offices

in the State of New York.

3. At all times hereinafter mentioned, the defendant J.P. HOGAN was, and still is, a

foreign corporation authorized to do business in the State of New York.

4. At all times hereinafter mentioned, the defendant J.P. HOGAN was, and still is, a

partnership which maintained an office in the State of New York.

5. At all times hereinafter mentioned, the defendant J.P. HOGAN was, and still is, a

sole proprietorship which maintained an office in the State of New York.

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6. That all times hereinafter mentioned, the defendant J.P. HOGAN was doing

business in the State of New York, pursuant to the laws of the State of New York.

7. That at all times hereinafter mentioned, and up to and including the date of

accident, March 16, 2023, the defendant J.P. HOGAN via its employees, agents, servants,

contractors and/or subcontractors performed work including but not limited to construction,

repair, roadway excavation, roadway maintenance, roadway opening, roadway cutting, paving,

backfilling and other similar type of work for the project known as THE HUNTS POINT

INTERSTATE ACCESS IMPROVEMENT PROJECT at or about the roadway, expressway,

thoroughfare and highway located on the BRUCKNER EXPRESSWAY SOUTHBOUND AT OR

ABOUT LEGGETT AVENUE, in the City and State of New York, County of BRONX

(hereinafter “the aforementioned expressway/roadway”).

8. At all times hereinafter mentioned, the defendant J.P. HOGAN supervised the

aforementioned work.

9. At all times hereinafter mentioned, the defendant J.P. HOGAN directed the

aforementioned work.

10. At all times hereinafter mentioned, the defendant J.P. HOGAN controlled the

aforementioned work.

11. At all times hereinafter mentioned, the defendant J.P. HOGAN inspected the

aforementioned work.

12. At all times hereinafter mentioned, the defendant J.P. HOGAN permitted third-

parties to perform construction, installation, renovations, alterations, repairs, excavation,

backfilling and paving at or about the aforementioned portion of the expressway/roadway.

13. At all times hereinafter mentioned, it was the duty of the defendant J.P. HOGAN,

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together with their agents, servants and employees, to maintain the aforementioned portion of the

expressway/roadway in a reasonably safe condition, free from ice, hazards and defects.

14. At all times hereinafter mentioned, and on, or prior to, March 16, 2023, the

defendant J.P. HOGAN was hired and/or retained pursuant to a written contract and/or agreement to

perform construction work, labor, repairs and/or services upon the aforementioned

expressway/roadway.

15. At all times hereinafter mentioned, and on, or prior to, March 16, 2023, the

defendant J.P. HOGAN was hired and/or retained by defendant EL SOL / DEFOE JV pursuant to a

written contract and/or agreement to perform construction work, labor, repairs and/or services upon

the aforementioned expressway/roadway.

16. At all times hereinafter mentioned, and on, or prior to, March 16, 2023, the

defendant J.P. HOGAN was hired and/or retained by defendant EL SOL CONTRACTING pursuant

to a written contract and/or agreement to perform construction work, labor, repairs and/or services

upon the aforementioned expressway/roadway.

17. At all times hereinafter mentioned, and on, or prior to, March 16, 2023, the

defendant J.P. HOGAN was hired and/or retained by defendant DEFOE pursuant to a written

contract and/or agreement to perform construction work, labor, repairs and/or services upon the

aforementioned expressway/roadway.

18. That on or about March 16, 2023, defendants J.P. HOGAN, their agents, servants

and employees caused water to enter the subject expressway/roadway and freeze causing an icy,

hazardous, dangerous, defective and otherwise unreasonable condition on the subject

expressway/roadway.

19. The icy, slippery condition on the roadway caused a multi-vehicle pile-up on the

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aforementioned expressway/roadway.

20. That at all times hereinafter mentioned, the defendants J.P. HOGAN, caused and

created the aforementioned unsafe and otherwise dangerous condition on the aforementioned

expressway and roadway.

21. The defendants J.P. HOGAN, had both actual and constructive notice of the

defective, dangerous and trap-like conditions in existence on said expressway and roadway, but

failed to remedy same in a timely fashion or warn the plaintiff of the dangerous conditions prior

to the happening of the occurrence as herein alleged.

22. The defendants J.P. HOGAN, together with their agents, servants, employees and/or

contractors were careless, reckless, and negligent in that said defendants failed, inter alia, to

maintain the aforementioned expressway, roadway and worksite in a good and safe condition, free

from hazards and defects, failed to erect warnings or barriers, failed to comply with applicable rules,

regulations, and laws, and that the said defendants were otherwise careless, reckless, and negligent

in the instance.

23. At all times hereinafter mentioned, and on March 16, 2023, the aforesaid portion

of the expressway and roadway was in a dangerous, defective and unreasonably hazardous

condition such that it was improperly operated, constructed, repaired and maintained in failing to

properly and adequately remove, clear, clean, sand and salt an accumulation of water, ice and black

ice from said expressway and roadway, and keep same free from an accumulation of water, ice and

black ice; and otherwise unsafe conditions which rendered it a hazard to motorists, particularly

the plaintiff.

24. That the accident and plaintiff's injuries resulting therefrom were proximately

caused by the carelessness, recklessness negligence and gross negligence of the defendants J.P.

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HOGAN, together with their agents, servants and employees in the operation, control, repair,

construction and management of the aforementioned expressway and roadway in that the

defendants, their agents, servants and/or employees, Failed to properly perform construction;

Failed to properly repair the expressway and roadway; Failed to ensure that renovations and

repairs were safely performed; Failed to remove slippery substances; Failed to adequately

remove accumulations of water, ice and black ice; Failed to properly remove, clear, clean, sand

and salt said expressway and roadway and keep same free from an accumulation of water, ice

and black ice; Failed to prevent water from accumulating on expressway and roadway; Failed to

prevent water from entering the expressway/roadway and freezing; Failed to inspect, maintain

and repair hoses being used on the construction project; Failed to inspect for hazards; Failed to

barricade the defective and unsafe area; Failed to place signs or other warnings of the danger

presented by their failings; Failing to cure the defective condition within a reasonable time; Failed

to hire and or work with competent contractors and/or subcontractors; Failed to hire competent

personnel; Failed to properly train personnel; Failed to adequately research construction

endeavors; Failed to supervise their agents, servants, employees and/or contractors all without

any negligence, want of care or assumption of risk on the part of plaintiff contributing thereto.

25. The area where plaintiff was injured was improperly and inadequately

constructed, repaired, inspected and maintained such that it constituted a severe hazard, a trap for

the unwary, a public and private nuisance, and was in violation of applicable code.

26. Upon information and belief, the aforementioned multi-vehicle pile-up / collision

was proximately caused by the negligence, carelessness, recklessness, gross recklessness, and gross

negligence of the defendants J.P. HOGAN, in the ownership, operation and control of the

aforementioned expressway and roadway, without any negligence on the part of the plaintiff

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contributing thereto.

27. Upon information and belief, as a proximate result of the negligence, carelessness,

and recklessness of the defendants, the plaintiff has been caused to suffer severe physical and

emotional injuries, all of which are believed to be permanent and continuing in nature, duration, and

effect, has incurred medical and other expense, has been unable to pursue his usual vocations, and

has suffered and will continue to suffer from severe physical and emotional pain, all to his great

detriment and damage.

28. That by reason of the foregoing, the plaintiff has been damaged in an amount which

exceeds the monetary jurisdictional limits of any and all lower Courts which would otherwise have

jurisdiction herein, in an amount to be determined upon the trial of this action.

AS AND FOR A SECOND CAUSE OF ACTION

29. That plaintiff repeats, reiterates and realleges each and every allegation as contained

in the First Cause of Action of the within Complaint with the same force and effect as

though each were more fully set forth at length herein.

30. That by reason of all of the foregoing, the defendants J.P. HOGAN, created and

maintained a public nuisance in wanton and willful disregard of the rights, well-being and safety of

other persons, particularly the plaintiff herein, and by reason thereof, the plaintiff was severely

injured and damaged.

31. That by reason of the foregoing, the plaintiff has been damaged in an amount which

exceeds the monetary jurisdictional limits of any and all lower Courts which would otherwise have

jurisdiction herein, in an amount to be determined upon the trial of this action.

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WHEREFORE, plaintiff demands judgment against the defendants, the amount sought on

each cause of action exceeding the monetary jurisdictional limits of any and all lower Courts which

would otherwise have jurisdiction, in amounts to be determined upon the trial of this action,

together with the costs and disbursements of this action, and with interest from the date of this

accident.

Dated: May 7, 2024
New York, New York

Yours, etc.

HECHT, KLEEGER & DAMASHEK, PC

By: ______________________________
JONATHAN S. DAMASHEK, ESQ.
Attorneys for Plaintiff
19 West 44th Street – Suite 1500
New York, New York 10036
(212) 490-5700

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ATTORNEY VERIFICATION

STATE OF NEW YORK }
{
COUNTY OF NEW YORK }

JONATHAN S. DAMASHEK, ESQ., an attorney duly admitted to practice before the

Courts of the State of New York hereby affirms the truth of the following under penalty of perjury:

I am a member of the law firm of HECHT, KLEEGER & DAMASHEK, P.C., and as

such am fully familiar with the facts and circumstances herein.

I have read the foregoing COMPLAINT, and know the contents thereof to be true to my

knowledge, except as to those matters therein stated upon information and belief, and as to those

matters I believe them to be true.

The grounds of my belief as to those matters stated upon information and belief are as

follows: records and investigation reports on file.

The reason this verification is made by me and not the plaintiff personally is because the

plaintiff is presently outside the county where I maintain my office for the practice of law.

Dated: May 7, 2024
New York, New York

_______________________________
JONATHAN S. DAMASHEK, ESQ.

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Complaint,Petition: Kern A. Horsford v. J.P. Hogan Coring & Sawing, Corp.

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Complaint,Petition: Kern A. Horsford v. J.P. Hogan Coring & Sawing, Corp.

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