FILED: NEW YORK COUNTY CLERK 06/04/2014
`FILED: NEW YORK COUNTY CLERK 06m2014
`NYSC 3F DOC. NO.
`69
`NYSCEF DOC. NO. 69
`
`IND
`EX NO.
`159201/2012
`INDEX NO. 159201/2012
`
` VYSC
`
` flIV flD
` 3F:
`
`06/04/2014
`RECEIVED NYSCEF: 06/04/2014
`
`EXHIBIT A
`
`
`
`

`

`
`
`
`
`(33300300070):
`TOTAL magma“ CLAIMED?“
`In; ms "
`fiMj’l‘lion Dollars
`
`And for {he Ciainmm, Marilyn Zic, for the"), SSiUf conscirt'iumyrsociew and companionship of her
`husband, Vclimir Zita in an amount not less than 53250300000.
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`EXHIBIT B
`
`

`

`FILED: NEW YORK COUNTY CLERK 12512012
`NYSCEF DOC. NO.
`1
`
`INDEX NO~ ”9201/2012
`RECEIVED NYSCEF: 12/26/2012
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF NEW YORK
`
`
`VELIMIR ZIC and MARILYN ZIC,
`
`Plaintiffs,
`
`~against-
`
`THE CITY OF NEW YORK; THE METROPOLITAN
`TRANSPORTATION AUTHORITY; THE NEW
`YORK CITY TRANSIT AUTHORITY; TISHMAN
`CONSTRUCTION CORPORATION; AECOM
`TECHNOLOGY CORPORATION; CITNALTA
`CONSTRUCTION CORP; JUDLAU
`CONTRACTING, INC; THE NEW YORK TIMES
`COMPANY; FOREST CITY RATNER COMPANIES;
`FOREST CITY ENTERPRISES; AMEC
`CONSTRUCTION MANAGEMENT, INC; BOSTON
`PROPERTIES LIMITED PARTNERSHIP; QUEENS
`BALLPARK COMPANY, LLC.; HUNT
`
`CONSTRUCTION GROUP; LEND LEASE
`CORPORATION LIMITED f/k/a BOVIS LEND
`
`LEASE LMB, INC; and TOTAL SAFETY
`CONSULTING,
`
`Defendants.
`
`
`
`
`Index No.
`
`Date purchased:
`
`Plaintiff(s) designate(s)
`New York
`
`County as the place of trial
`
`The bests 0f the venue is
`Flam“ f1” 5 place of miury
`
`Sunummo
`
`Plaintiffs reside at
`39 Mabaline Road
`Old Bridge, NJ 08857
`County of MIDDLESEX
`
`To the above named Defendant (s)
`yaw axe W omnmaned 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 Plaintiffs’ Attorneys within twenty (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); 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: New York, New York
`November 7, 2012
`
`Defendants’ addresses:
`
`'
`
`STEPHEN M. CANTOR, P.C.,
`ATTORNEY AT LAW
`
`The City of New York
`1 Centre Street, New York, NY 10007
`The Metropolitan Transportation Authority
`
`347 Madison Avenue, New York, NY 10017 en M. Cantor, Esq.
`
`
`
`

`

`Office and Post Office Address
`
`325 Broadway, Suite 502
`New York, New York 10007-1 187
`(212) 732—8456
`
`The New York City Transit Authority
`130 Livingston Street, Brooklyn, NY 1 1201
`Tishman Construction Corporation
`100 Park Avenue, New York, NY 10017
`AECOM Technology Corporation
`100 Park Avenue, New York, NY 10017
`Citnalta Construction Corp.
`1601 Locust Avenue, Bohemia, NY 11716
`Judlau Contracting, Inc.
`26-15 Ulmer Street, College Point, NY 11354
`The New York Times Company
`620 Eighth Avenue, New York, NY 10018
`Forest City Ratner Companies
`1 Metro Tech Center North, Brooklyn, NY 1 1201
`Forest City Enterprises
`1100 Terminal Tower, 50 Public Square, Cleveland, 01-1 44113-2203
`Amec Construction Management, Inc.
`etcher Avenue, 6 F
`2200 F1
`loor, Fort Lee, NJ 07024
`Boston Properties Limited Partnership
`599 Lexington Avenue, New York, NY 10022—6004
`Queens Ballpark Company, LLC.,
`123—01 Roosevelt Avenue, Flushing, NY 11368
`Hunt Construction Group
`752 Pacific Street, 61 Floor, Brooklyn, NY 1 1238
`Lend Lease Corporation Limited
`200 Park Avenue, New York, NY 10166
`Total Safegg Consulting
`6 Highland Avenue, Staten Island, NY 10301
`
`
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`______________________________________________________________________X
`
`VELIMIR ZIC and MARILYN ZIC,
`
`Plaintiffs,
`
`Index No.
`
`-against—
`
`VERIFIED COMPLAINT
`
`THE CITY OF NEW YORK; THE METROPOLITAN
`TRANSPORTATION AUTHORITY; THE NEW YORK
`CITY TRANSIT AUTHORITY; TISHMAN
`CONSTRUCTION CORPORATION; AECOM
`TECHNOLOGY CORPORATION; CITNALTA
`CONSTRUCTION CORR; JUDLAU CONTRACTING,
`INC; THE NEW YORK TIMES COMPANY; FOREST
`CITY RATNER COMPANIES; FOREST CITY
`ENTERPRISES; AMEC CONSTRUCTION
`MANAGEMENT, INC; BOSTON PROPERTIES
`
`LIMITED PARTNERSHIP; QUEENS BALLPARK
`COMPANY, LLC.; HUNT CONSTRUCTION GROUP;
`LEND LEASE CORPORATION LIMITED f/k/a BOVIS
`
`LEND LEASE LMB, INC; and TOTAL SAFETY
`CONSULTING,
`
`Defendants.
`_______________________________________________________________________ X
`
`Plaintiffs, VELIMIR ZIC and MARILYN ZIC, by their attorneys Stephen M. Cantor,
`PC, Attorney at Law, as and for their Verified Complaint against the defendants,
`respectfully show and allege:
`
`w
`
`1. At all times relevant hereto, plaintiff, VELIMIR ZIC, was and is a resident of the
`
`County of Middlesex, State of New Jersey.
`
`2. At all times relevant hereto, plaintiff; MARILYN ZIC, was and is the lawful wife
`
`of the plaintiff VELIMIR ZIC.
`
`3. That plaintiff, VELIMIR ZIC, from June 11, 2001 and continuing thereafter for
`
`almost ten (10) years, as a member of Local 806 Bridge Painters Union, employed by L
`
`& L Painting Co., Inc., 900 South Oyster Bay Road, Hicksville, NY 11801, was
`
`employed as a lead paint abatement worker, painter and foreman and was assigned to
`
`work on numerous days, within the following time spans, at the following sites:
`
`the
`
`
`
`

`

`Interlocking Track/Atlantic Avenue NEW YORK CITY TRANSIT AUTHORITY
`
`(NYCTA) project, from June 11, 2001 to August 9, 2004; the deck replacement on the
`
`Harlem River Drive, from December 16, 2002 to October 24, 2005; the Battery Maritime
`
`Building, from May 10, 2004 to October 17, 2005; the 59th Street Bridge, from July 26,
`
`2004 to July 20, 2009; The New York Times Building, from December 5, 2005 to
`
`January 8, 2007; the Bronx Park East (NYCTA) Station, from June 18, 2007 to August
`13, 2007; the US. Post Office at 90 Church Street in New York County, from August 20,
`
`2007 to April 7, 2008; Citi Field, from October 15, 2007 to May 11, 2009; the Brooklyn
`
`Navy Yard, from September 28, 2009 to October 19, 2009; the Rehabilitation of 7
`
`Stations Project (NYCTA), West End Line, in Kings County, from January 11, 2010 to
`
`December 6, 2010; and the Thurgood Marshall US. Courthouse in New York County,
`
`from August 9, 2010 to April 18, 2011.
`
`4. That at all times relevant hereto, upon information and belief, THE CITY OF
`
`NEW YORK, owns, operates, manages and maintains the 59‘h Street Bridge, known
`
`officially as the Ed Koch Queensboro Bridge, the Harlem River Drive,
`
`the Battery
`
`Maritime Building and the Brooklyn Navy Yard and, as such, was and is responsible for
`
`planning and supervising all lead paint abatement, painting, demolition and construction
`
`activities on the deck replacement on the Harlem River Drive, from December 16, 2002
`
`to October 24, 2005; the Battery Maritime Building, from May 10, 2004 to October 17,
`
`2005; the 59th Street Bridge, from July 26, 2004 to July 20, 2009; and the Brooklyn Navy
`
`Yard from September 28, 2009 to October 19, 2009.
`
`5. That at all times relevant hereto, upon information and belief, the
`
`METROPOLITAN TRANSPORTATION AUTHORITY (MTA) was and is an authority
`
`and agency of New York State, located at 347 Madison Avenue, New York, NY 10017,
`
`and, as such, leases, owns, operates and manages the NYCTA facilities, stations and
`
`lines, among others, and, as such, was and is responsible for planning and supervising all
`
`lead paint abatement, painting, demolition and construction activities for NYCTA
`
`stations, lines, structure steel and other locations on the Interlocking Track/Atlantic
`
`Avenue (NYCTA) project, from June 11, 2001 to August 9, 2004; the Bronx Park East
`
`(NYCTA) Station, from June 18, 2007 to August 13, 2007; and the Rehabilitation of 5
`
`

`

`and 7 Stations Projects, West End Line, in Kings County from January 11, 2010 to
`
`December 6, 2010.
`
`6. That at all times relevant hereto, upon information and belief, the NEW YORK
`
`CITY TRANSIT AUTHORITY (NYCTA), now known popularly as MTA New York
`
`City Transit, was and is a public benefit corporation, controlled by and an affiliate of the
`
`MTA, located at 130 Livingston Street, Brooklyn, NY 11201, and, as such, leases, owns,
`
`operates and manages NYCTA facilities, stations, subway and elevated lines and, as
`
`such, was and is responsible for planning and supervising all lead paint abatement,
`
`painting, demolition and construction activities for NYCTA stations, lines, structure steel
`
`and other locations on the Interlocking Track/Atlantic Avenue NYCTA project, from
`
`June 11, 2001 to August 9, 2004; the Bronx Park East NYCTA Station, from June 18,
`
`2007 to August 13, 2007; and the Rehabilitation of 5 and 7 Stations NYCTA Projects,
`
`West End Line, in Kings County from January 11, 2010 to December 6, 2010.
`
`7. That at all times relevant hereto, upon information and belief, TISHMAN
`
`CONSTRUCTION CORPORATION, owned by and a subsidiary of AECOM
`
`TECHNOLOGY CORPORATION, was and is a corporation licensed to do construction,
`
`demolition and rehabilitation work in the City and State of New York, with offices at 100
`
`Park Avenue, New York, NY 10017, and, as such, was responsible, as the General
`
`Construction Contractor for hiring sub-contractors, and for planning, supervising and
`
`overseeing certain lead paint abatement, painting, demolition and construction activities
`
`at the Battery Maritime Building in the County, City and State of New York from May
`
`10, 2004 to October 17, 2005.
`
`8. That at all times relevant hereto, upon information and belief, AECOM
`TECHNOLOGY CORPORATION, with offices at 100 Park Avenue, New York, NY
`
`10017, as the owner of its subsidiary, TISHMAN CONSTRUCTION CORPORATION,
`
`which was a corporation licensed to do construction, demolition and rehabilitation work
`
`in the City and State of New York, and, as such, was responsible, as the General
`
`Construction Contractor for hiring subcontractors, and for planning, supervising and
`
`overseeing certain lead paint abatement, painting, demolition and construction activities
`
`at the Battery Maritime Building in the County, City and State of New York from May
`
`10, 2004 to October 17, 2005.
`
`

`

`9. That at all times relevant hereto, upon information and belief, CITNALTA
`
`CONSTRUCTION CORR, was and is a corporation licensed to perform construction,
`
`demolition and rehabilitation work in the City and State of New York, with headquarters
`
`at 1601 Locust Avenue, Bohemia, NY 11716, and, as such, was responsible, as the
`
`General Construction Contractor in a Joint Venture with JUDLAU CONTRACTING,
`
`INC., for hiring sub—contractors, and for planning, supervising and overseeing certain
`
`lead paint abatement, painting, demolition and construction activities for NYCTA
`
`stations, lines, structure steel and other locations on the Interlocking Track/Atlantic
`
`Avenue NYCTA project, from June 11, 2001 to August 9, 2004; the Bronx Park East
`
`NYCTA Station, from June 18, 2007 to August 13, 2007; and the Rehabilitation of 5 and
`
`7 Stations NYCTA Projects, West End Line, in Kings County from January 1 1, 2010 to
`
`December 6, 2010.
`
`10. That at all times relevant hereto, upon information and belief, JUDLAU
`
`CONTRACTING, INC, was and is a corporation licensed to perform construction,
`
`demolition and rehabilitation work in the City and State of New York, with headquarters
`
`at 26-15 Ulmer Street, College Point, NY 11354, and, as such, was responsible, as the
`
`General Construction Contractor in a Joint Venture with CITNALTA CONSTRUCTION
`
`CORP, for hiring sub—contractors, and for planning, supervising and overseeing certain
`
`lead paint abatement, painting, demolition and construction activities at NYCTA stations,
`
`lines, structure steel and other locations on the Interlocking Track/Atlantic Avenue
`
`NYCTA project, from June 11, 2001 to August 9, 2004; the Bronx Park East NYCTA
`
`Station, from June 18, 2007 to August 13, 2007; and the Rehabilitation of5 and 7
`
`Stations NYCTA Projects, West End Line, in Kings County from January 11, 2010 to
`
`December 6, 2010.
`
`11. That at all times relevant hereto, upon information and belief, THE NEW YORK
`
`TIMES COMPANY, was and is a corporation and owner of the New York Times
`
`Building, located at 620 Eighth Avenue, New York, NY 10018, and, as such, was
`
`responsible, as the building owner for hiring contractors and for planning, supervising
`
`and overseeing all lead paint abatement, painting, demolition and construction activities
`
`at the New York Times Building from December 5, 2005 to January 8, 2007.
`
`

`

`12. That at all times relevant hereto, upon information and belief, FOREST CITY
`
`RATNER COMPANIES, located at 1 MetroTech Center North, Brooklyn, NY 1 1201, a
`
`wholly owned subsidiary of FOREST CITY ENTERPRISES, was and is a business,
`
`company, corporation and owner of the New York Times Building, located at 620 Eighth
`
`Avenue, New York, NY 10018, and, as such, was responsible, as a building owner for
`
`hiring contractors and for planning, supervising and overseeing all painting, demolition
`
`and construction activities at the New York Times Building from December 5, 2005 to
`
`January 8, 2007.
`
`13. That at all times relevant hereto, upon information and belief, FOREST CITY
`
`ENTERPRISES, 1100 Terminal Tower, 50 Public Square, Cleveland, OH 44113-2203,
`
`was and is an enterprise, business, company and corporation and as the sole owner of
`
`FOREST CITY RATNER COMPANIES was and is an owner of the New York Times
`
`Building, located at 620 Eighth Avenue, New York, NY 10018, and, as such, was
`
`responsible, as a building owner for hiring contractors and for planning, supervising and
`
`overseeing all painting, demolition and construction activities at the New York Times
`
`Building from December 5, 2005 to January 8, 2007.
`
`14. That at all times relevant hereto, upon information and belief, AMEC
`
`CONSTRUCTION MANAGEMENT, INC., was and is a corporation licensed to perform
`
`construction, demolition and rehabilitation work in the City and State of New York,
`
`located at 2200 Fletcher Avenue, 6th Floor, Fort Lee, NJ 07024, and, as such, was
`
`responsible, as the General Construction Contractor, for hiring sub-contractors and for
`
`planning, supervising and overseeing certain painting, demolition and construction
`
`activities at the New York Times Building from December 5, 2005 to January 8, 2007.
`
`15. That at all times relevant hereto, upon information and belief, BOSTON
`
`PROPERTIES LIMITED PARTNERSHIP, was and is a limited partnership, business,
`
`company and corporation licensed to do construction, demolition and rehabilitation work
`
`in the City and State of New York, with offices located at 599 Lexington Avenue, New
`
`York, NY 10022-6004 , and, as such, was responsible, as the General Construction
`
`Contractor, for hiring sub—contractors, and for planning, supervising and overseeing
`
`certain lead paint abatement, painting, demolition and construction activities at the US.
`
`
`
`

`

`Post Office located at 90 Church Street in the County, City and State of New York from
`
`August 20, 2007 to April 7, 2008.
`
`16. That at all times relevant hereto, upon information and belief, QUEENS
`
`BALLPARK COMPANY, LLC., located at 123-01 Roosevelt Avenue, Flushing, NY
`
`11368, was and is an enterprise, business, company and corporation and owner of Citi
`
`Field, located at 12001 Roosevelt Avenue, Corona, NY 11368, and, as such, was
`
`responsible, as the owner of Citi Field for hiring contractors and for planning, supervising
`
`and overseeing all painting, demolition and construction activities at Citi Field from
`
`October 15, 2007 to May 11, 2009.
`
`17. That at all times relevant hereto, upon information and belief, HUNT
`
`CONSTRUCTION GROUP, was and is a corporation licensed to do construction,
`
`demolition and rehabilitation work in the City and State of New York, with headquarters
`
`at 6720 North Scottsdale Road, Suite 300, Scottsdale, Arizona 85253, and offices at 752
`
`Pacific Street, 6‘h Floor, Brooklyn, NY 11238, and, as such, was responsible, as the
`
`General Construction Contractor in a joint venture with LEND LEASE CORPORATION
`
`LIMITED f/k/a Bovis Lend Lease LMB, for hiring sub—contractors, and for planning,
`
`supervising and overseeing all painting, demolition and construction activities at Citi
`
`Field, located at 12001 Roosevelt Avenue, Corona, NY 11368, from October 15, 2007 to
`
`May 11, 2009.
`
`18. That at all times relevant hereto, upon information and belief, LEND LEASE
`
`CORPORATION LIMITED f/k/a Bovis Lend Lease LMB, was and is a corporation
`
`licensed to do construction, demolition and rehabilitation work in the City and State of
`
`New York, located at 200 Park Avenue, New York, NY 10166, and, as such, was
`
`responsible, as the General Construction Contractor in a joint venture with HUNT
`
`CONSTRUCTION GROUP, for hiring sub—contractors, and for planning, supervising and
`
`overseeing all painting, demolition and construction activities at Citi Field, located at
`
`12001 Roosevelt Avenue, Corona, NY 11368, from October 15, 2007 to May 11, 2009.
`
`19. That at all times relevant hereto, upon information and belief, LEND LEASE
`
`CORPORATION LIMITED f/k/a Bovis Lend Lease LMB, was and is a corporation
`
`licensed to do construction, demolition and rehabilitation work in the City and State of
`
`New York, located at 200 Park Avenue, New York, NY 10166, and, as such, was
`
`

`

`responsible, as the General Construction Contractor for hiring sub-contractors, and for
`
`planning, supervising and overseeing all lead paint abatement, painting, demolition and
`
`construction activities at the Thurgood Marshall US. Courthouse in the County, City and
`
`State ofNew York from August 9, 2010 to April 18, 2011.
`
`20. That at all times relevant hereto, upon information and belief, TOTAL SAFETY
`
`CONSULTING, located at 6 Highland Avenue, Staten Island, NY 10301, was and is a
`business, company and corporation licensed to do safety consulting for lead paint
`N
`
`abatement, painting, construction, demolition and rehabilitation work in the City and
`
`State of New York, and, as such, was responsible, as the safety consultant, for planning,
`
`supervising and overseeing safety procedures for all lead paint abatement, painting,
`
`demolition and construction activities at the Thurgood Marshall US. Courthouse in the
`
`County, City and State of New York from August 9, 2010 to April 18, 2011.
`
`21. That heretofore, on or about the 27th day of June, 2012, and within 90 days after
`
`the claims herein arose, plaintiffs caused a notice of claim in writing, sworn to by and on
`
`behalf of the claimants, to be duly served upon the defendant, THE CITY OF NEW
`
`YORK, by delivering a copy thereof to said defendant personally, which notice of claim
`
`set forth the name and post office address of the claimants, their attorney, the nature of
`
`their claims, the time and location where and the manner in which said claims arose and
`
`described the known damages and injuries sustained by plaintiffs, to date; that at least
`
`thirty days have elapsed since the service of said notice; and that this action is being
`
`commenced within one year and 90 days after the happening of the event upon which the
`
`claim is based.
`
`22. That heretofore, on or about the 27th day of June, 2012, and within 90 davs after
`
`the claims herein arose, plaintiffs caused a notice of claim in writing, sworn to by and on
`
`behalf of the claimants, to be duly served upon the defendant, THE METROPOLITAN
`
`TRANSPORTATION AUTHORITY, by delivering a copy thereof to said defendant
`
`personally, which notice of claim set forth the name and post office address of the
`
`claimants, their attorney, the nature of their claims, the time and location where and the
`
`manner in which said claims arose and described the known damages and injuries
`
`sustained by plaintiffs, to date; that at least thirty days have elapsed since the service of
`
`
`
`

`

`said notice; and that this action is being commenced within one year and 90 days after the
`
`happening of the event upon which the claim is based.
`
`23. That heretofore, on or about the 27th day of June, 2012, and within 90 days after
`
`the claims herein arose, plaintiffs caused a notice of claim in writing, sworn to by and on
`
`behalf of the claimants, to be duly served upon the defendant, THE NEW YORK CITY
`
`TRANSIT AUTHORITY, by delivering a copy thereof to said defendant personally,
`
`which notice of claim set forth the name and post office address of the claimants, their
`
`attorney, the nature of their claims, the time and location where and the manner in which
`
`said claims arose and described the known damages and injuries sustained by plaintiffs,
`
`to date; that at least thirty days have elapsed since the service of said notice; and that this
`
`action is being commenced within one year and 90 days after the happening of the event
`upon which the claim is based.
`LL
`
`AS AND FOR A FIRST CAUSE OF ACTION
`
`24. Plaintiffs repeat, reallege and reaffirm each and every allegation contained in
`
`Paragraphs “1” through “23” of this Verified Complaint, as if fully set forth herein.
`
`25. That plaintiff, VELIMIR ZIC, from June 11, 2001 to April 18, 2011, while doing
`
`assigned work as a lead paint abatement worker, painter and foreman at said projects, and
`
`solely as a result of the negligence of the above-named defendants, jointly and severally,
`
`sustained severe personal injuries, including lung cancer and lead poisoning, as a result of
`
`his exposure, inhalation and handling of painting materials, including, but not limited to,
`
`paints, solvents, lacquer thinner, benzene, paint thinner and chemical strippers, and as a
`
`result of his exposure and inhalation of lead fumes, lead smoke, lead dust and lead
`
`particles, among others, resulting, in part, if not wholly, from his exposure during lead
`
`paint abatement with, among others, chemicals, abrasives and power tools, and there was
`
`no proper monitoring of the air quality for dangerous contaminants at said sites, he was
`
`not provided with proper respiratory equipment and proper fit tests, which negligence
`
`caused permanent and acute symptoms, severe injuries and substantial pain and suffering
`
`as a result of his injuries.
`
`26. The negative conduct of defendants, THE CITY OF NEW YORK; THE
`
`METROPOLITAN TRANSPORTATION AUTHORITY; THE NEW YORK CITY TRANSIT
`
`AUTHORITY; TISHMAN CONSTRUCTION CORPORATION; AECOM TECHNOLOGY
`
`
`
`

`

`CORPORATION; CITNALTA CONSTRUCTION CORP.; JUDLAU CONTRACTING, INC;
`
`THE NEW YORK TIMES COMPANY; FOREST CITY RATNER COMPANIES; FOREST
`
`CITY ENTERPRISES; AMEC CONSTRUCTION MANAGEMENT, INC.; BOSTON
`
`PROPERTIES LIMITED PARTNERSHIP; QUEENS BALLPARK COMPANY, LLC.; HUNT
`
`CONSTRUCTION GROUP; LEND LEASE CORPORATION LIMITED; and TOTAL
`SAFETY CONSULTING, violated, among others, but not limited to, sections of the New York
`
`State Labor Law: Section 200, §t_s_e_q., the general duty of the building owners and contractors to
`
`protect the health and safety of employees; and Section 241 (6) and New York Codes, Rules and
`
`Regulations promulgated thereunder, requiring areas in which construction or demolition work is
`
`being performed to be operated so as to provide reasonable and adequate protection and safety to
`
`persons employed therein; in negligently, recklessly and carelessly permitting and allowing the
`
`aforesaid areas to remain in a dangerous, defective, hazardous and unsafe condition, and
`
`generally dangerous to persons or workers lawfully working in said areas; defendants failed to
`
`make adequate and sufficient inspection of the aforesaid areas; defendants failed to properly
`
`monitor the air for toxic contaminants in said areas; defendants failed to take proper means and
`
`precautions to prevent the said areas from becoming and remaining dangerous to workers;
`
`defendants failed to properly supervise demolition/construction activities, including lead paint
`
`abatement and painting, in which plaintiff and other workers were involved; and in otherwise
`
`being careless and negligent.
`
`27. The negligent conduct of defendants, THE CITY OF NEW YORK; THE
`
`METROPOLITAN TRANSPORTATION AUTHORITY; THE NEW YORK CITY TRANSIT
`
`AUTHORITY; TISHMAN CONSTRUCTION CORPORATION; AECOM TECHNOLOGY
`
`CORPORATION; CITNALTA CONSTRUCTION CORP; JUDLAU CONTRACTING, INC.;
`
`THE NEW YORK TIMES COMPANY; FOREST CITY RATNER COMPANIES; FOREST
`
`CITY ENTERPRISES; AMEC CONSTRUCTION MANAGEMENT, INC.; BOSTON
`
`PROPERTIES LIMITED PARTNERSHIP; QUEENS BALLPARK COMPANY, LLC.; HUNT
`
`CONSTRUCTION GROUP; LEND LEASE CORPORATION LIMITED; and TOTAL
`
`SAFETY CONSULTING, violated the above—mentioned New York State Labor Law Section
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`241(6) and New York Codes, Rules and Regulations promulgated thereunder, including, but not
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`limited to:
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`12 NYCRR Subpart 23 — 1.2 (t) Finding of fact: Persons employed in
`demolition operations are exposed to various hazards, including exposure
`to the elements and air contaminants.
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`12 NYCRR Subpart 23 ~— 1.5 (a) General responsibility of employers,
`owners and contractors: Required to provide safe working conditions,
`personal protective equipment and safe places to work;
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`12 NYCRR Subpart 23 — 1.5 (b) General responsibility of employers,
`owners and contractors: General requirement of competency;
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`12 NYCRR Subpart 23 w 1.5 (c) (3) General responsibility of employers,
`owners and contractors: All safety devices, safeguards and equipment in
`use must be kept sound and operable, and shall be immediately repaired or
`restored or immediately removed from the job site if damaged;
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`12 NYCRR Subpart 23 — 1.7 (g) Protection from general hazards. Air
`contaminated or oxygen deficient work areas: The atmosphere of any
`unventilated confined area...where dangerous air contaminants may be
`present...shall be tested by the employer,...or by a designated person
`before any person is permitted to work;
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`12 NYCRR Subpart 23 —— 1.8 (b) (1) Personal protective equipment.
`Respirators: Where this Part requires a respirator to be provided, the
`employer shall furnish and the employee shall use an approved respirator.
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`12 NYCRR Subpart 12 ~ 1.1 Finding of fact.
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`12 NYCRR Subpart 12 — 1.2 Application.
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`12 NYCRR Subpart l2 — 1.4 (a) Prevention of air contamination.
`General: All operations which produce air contaminants shall be so
`conducted that the generation, release or dissemination of such air
`contaminants is kept at the lowest practicable level in compliance with this
`Part (rule) using proper control or protective procedures and equipment.
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`12 NYCRR Subpart 12 — 1.4 (b) (1) Responsibility of employers. Every
`employer shall effect compliance with the provisions of this Part (rule)
`relating to the prevention and removal of air contaminants,...and the
`provision, installation, operation and maintenance of control or protective
`equipment.
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`12 NYCRR Subpart 12 ~ 1.4 (b) (2) Responsibility of employers. Every
`employer shall instruct his employees as to the hazards of their work, the
`use of the control or protective equipment and their responsibility for
`complying with the provisions of this Part (rule).
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`

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`12 NYCRR Subpart 12 — 1.4 (b) (4) Responsibility of employers. No
`employer shall...permit dangerous air contaminants to accumulate or
`remain in any place or area subject to the provisions of this Part (rule).
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`12 NYCRR Subpart 12 — 1.4 (0) Responsibility of employees. Every
`employee shall use the control and protective equipment provided for his
`protection...
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`12 NYCRR Subpart 12 — 1.5 (a) (1) Personal respiratory protective
`equipment. Use: Personal respiratory protective equipment shall not be
`used in lieu of other control methods, except for protection of employees
`in emergencies...
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`12 NYCRR Subpart 12 —— 1.5 (a) (2) Personal respiratory protective
`equipment. Approval: Personal respiratory protective equipment shall be
`of a type approved by the board for the particular class of substance or
`substances constituting the air contaminant.
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`12 NYCRR Subpart 12 — 1.5 (a) (3) Personal respiratory protective
`equipment. Maintenance: Personal respiratory protective equipment shall
`be stored in air—tight containers or cabinets or in an uncontaminated area.
`Such equipment shall be cleaned, serviced and repaired to maintain it in
`effective working condition and it shall be sterilized before use by any
`person other than the last wearer.
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`12 NYCRR Subpart 12 — 1.6 (a) General control methods. One or more
`of the following methods shall be used to prevent, remove, or control
`dangerous air contaminants:
`(1) Substitution of a material or a method which does not produce
`dangerous air contaminants.
`(2) Local exhaust ventilation...
`(3) Dilution ventilation.
`(4) Application of water or other wetting agent.
`(5) Enclosure or isolation.
`(6) Other methods approved by the board.
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`12 NYCRR Subpart 12 — 1.6 (c) Isolation or segregation of operations.
`All...0perations releasing or disseminating dangerous air contaminants
`shall be isolated, enclosed or otherwise segregated insofar as practicable.
`
`12 NYCRR Subpart l2 — 1.9 (a) (l) Entering confined spaces. Confined
`spaces where dangerous air contaminants...are present or could be
`introduced from potential sources shall not be entered by any person for
`any reason until the atmosphere of such confined spaces has been tested
`and found free of dangerous air contaminants. If, however, due to
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`emergency conditions, any such confined, space cannot be cleared of
`dangerous air contaminants by mechanical ventilation or equivalent
`means, any person entering such confined space shall be provided with
`and shall use an approved air line respirator, approved hose mask or
`approved self-contained breathing apparatus.
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`12 NYCRR Subpart l2 - 3.1 Evidence of dangerous air contaminants.
`General: The existence of air contaminants in quantities greater than those
`set forth in listed tables shall constitute prima facie evidence that such
`contaminants are dangerous air contaminants.
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`28. That by reason of the foregoing, the plaintiff, VELIMIR ZIC, was rendered sick
`
`and sore and was caused to suffer severe injuries of a permanent nature and character.
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`29. As a result of defendants’ negligence, plaintiff, VELIMIR ZIC, suffered
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`permanent physical injuries in an amount to be determined in excess of Five Million
`:;
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`($5,000,000.00) Dollars.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`
`30. Plaintiffs repeat, reallege and reaffirm each and every allegation contained in
`Paragraphs “1” through “29” of this Verified Complaint, as if fully set forth herein.
`
`31. While defendants, THE CITY OF NEW YORK; THE METROPOLITAN
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`TRANSPORTATION AUTHORITY; THE NEW YORK CITY TRANSIT AUTHORITY;
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`TISHMAN CONSTRUCTION CORPORATION; AECOM TECHNOLOGY CORPORATION;
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`CITNALTA CONSTRUCTION CORR; JUDLAU CONTRACTING, INC; THE NEW YORK
`
`TIMES COMPANY; FOREST CITY RATNER COMPANIES; FOREST CITY
`
`ENTERPRISES; AMEC CONSTRUCTION MANAGEMENT, INC.; BOSTON PROPERTIES
`
`LIMITED PARTNERSHIP; QUEENS BALLPARK COMPANY, LLC.; HUNT
`
`CONSTRUCTION GROUP; LEND LEASE CORPORATION LIMITED; and TOTAL
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`SAFETY CONSULTING, were engaged in supervising and overseeing certain lead paint
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`abatement, painting, demolition and construction activities at said sites and time periods said
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`defendants negligently failed to properly supervise the lead paint abatement workers and
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`painters, including the plaintiff, VELIMIR ZIC, at said locations to ensure that their work was
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`performed in a safe manner, by failing to properly monitor the air quality for dangerous
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`contaminants, failing to provide proper respiratory equipment and proper fit tests for the lead
`
`paint abatement workers, painters and foremen, and failing to use proper methods to prevent,
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`remove and control substantial quantities of dangerous air contaminants, including painting
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`
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`

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`materials, painting material fumes, paint fumes, lead fumes, lead dust, lead particles and lead by-
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`products, from being inhaled by the lead paint abatement workers, painters and foremen,
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`including the plaintiff, VELIMIR ZIC, for more than ten (10) years.
`
`32. As a result of the negligence of defendants, THE CITY OF NEW YORK; THE
`
`METROPOLITAN TRANSPORTATION AUTHORITY; THE NEW YORK CITY TRANSIT
`
`AUTHORITY; TISHMAN CONSTRUCTION CORPORATION; AECOM TECHNOLOGY
`
`CORPORATION; CITNALTA CONSTRUCTION CORP; JUDLAU CONTRACTING, INC;
`
`THE NEW YORK TIMES COMPANY; FOREST CITY RATNER COMPANIES; FOREST
`
`CITY ENTERPRISES; AMEC CONSTRUCTION MANAGEMENT, INC; BOSTON
`
`PROPERTIES LIMITED PARTNERSHIP; QUEENS BALLPARK COMPANY, LLC.; HUNT
`
`CONSTRUCTION GROUP; LEND LEASE CORPORATION LIMITED; and TOTAL
`
`SAFETY CONSULTING, in failing to properly and adequately supervise the lead paint
`
`abatement, painting, demolition and construction work, the plaintiff, VELIMIR ZIC, suffered
`
`severe permanent physical injuries and substantial pain and suffering for which he se