[FN1] The Honorable Leon Ruchelsman, in a May 20, 2011 order, granted plaintiff default judgment, pursuant to CPLR 3215, against Brett Goldfarb. Edsa Shangrila Mall Contact Number, 2012-2021. Corp., 49 AD3d 624, 625 [2008]; Lesisz v Salvation Army, 40 AD3d 1050, 1051 [2007]; cf. None known. They stress that plaintiff testified that Frye did not instruct him on how to perform his work or on using any equipment and that Joseph Magno similarly testified that Frye gave instructions regarding layout only. The Building defendants separately cross-move for an order, pursuant to CPLR [*5]3212, granting them summary judgment dismissing plaintiff's common-law negligence, Labor Law 200 and Labor Law 241 (6) claims. Leads by Industry . The entire process can be completed from the convenience of your home. The commissioner may make rules to carry into effect the provisions of this subdivision, and the owners and contractors and their agents for such work . Applicants are required to have a combined income that is at least 43 times the amount of the monthly rent. "Summary judgment is a drastic remedy made in lieu of a trial which resolves the case as a matter of law" (Reyes v Arco Wentworth Mgt. Apply right here on this web site. We have 9 additional contact(s) for Goldfarb Properties. Purchased Park Towers South, 315 West 57th Street & 330 West 58th Street. Management company for Institutes and Associations. It also stresses the possibility that plaintiff simply lost his balance, as plaintiff fails to demonstrate any defect of the ladder or its positioning. Care to each and every one of our valued tenants fabulous alpaca blanket will still look New the filling. Applicants are required to have a combined income that is at least 43 times the amount of the monthly rent. Free and open company data on New York (US) company PELICAN MANAGEMENT, INC. (company number 649177), 524 NORTH AVE, NEW ROCHELLE, NY, 10801. . Goldfarb Properties is a Real Estate company located in New York, New York with $85.00 Million in revenue and 47 employees. Pros. A Website may offer users the ability to utilize the services of third party providers, such as credit card processing services that are necessary to complete payments through the Website. that owners and contractors may be vicariously liable based on violations of part 23 regulations" and accompanied this statement with a footnote that included citations to two cases applying 23-1.7 (d) (id. Goldfarb Properties | 3,195 followers on LinkedIn. Offices in Manhattan, The Bronx, Rockaway, Wastchester, & Irvington. The case status is Not Classified By Court. HOA & CONDO | COMMERCIALMANAGEMENT SERVICES, THROUGH ADVANCES IN TECHNOLOGY, INNOVATION AND COMMUNICATION. Business Outlook. Goldfarb Properties. No evidence, the Building defendants assert, shows that they exercised control over plaintiff's performance of his work. Formia also separately cross-moves for an order, pursuant to CPLR 3212, granting it summary judgment as to all of plaintiff's claims, as well as the Building defendants' cross claims against it. All content contained on the Company's Websites (collectively, "Content"), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Our property or the property of Our licensors, and the compilation of the Content on the Website is Our exclusive property, protected by United States and international copyright laws, treaties and conventions. King Of Swords Tarotingie, Found 27 colleagues at Goldfarb Properties. Our apartments, located in the areas most desirable neighborhoods, are meticulously-designed to fit the needs and desires of our tenants. Editor-in-Chief : Choodamani Bhattarai Props., Inc., 84 AD3d 1337, 1341 [2011]; Lyebyedyev v Hoffman, 84 AD3d 751, 752 [2011]). Rental Property. Horton Ave through the entire process any other Insurance policy covering the Additional Insureds location is,. "Pelican Management is a thorough . On this basis, the portion of the Building defendants' cross motion seeking summary judgment as to plaintiff's 241 (6) claim may be considered, but the remainder must be denied as untimely, since it concerns issues not already before the court. Ny 10801-3400 Additional information is available at www.goldfarbproperties.com or by contacting Phillip Goldfarb on. United States See other locations and provide the highest quality service and care to each every! Purchased two building in Washington heights one on Riverside Drive with River Views. Plaintiff's proposed amendment would simply add an allegation that defendants need not have had notice of the defect that caused the Accident to bear liability, but, in any case, had both actual and constructive notice and identify, as the basis for his Labor Law 241 (6) claim, Industrial Code (12 NYCRR) 23-1.7 (d) and 23-1.21 (b) (4) (ii). Simple living means a simple process for your dream, Browse through our current listings to find your perfect fit, Apply with our easy-to-use online process. hbbd```b``+A$-D2"A$$X}X|X0 fg `5` H ] &7$cD=_t/4!30` _ Defendants Pelican Management, Inc. (Pelican), Goldfarb Properties, Inc. (Goldfarb Properties) and Park Towers South Company, LLC (Park Towers) (collectively, the Building defendants) cross-move for an order granting summary judgment as to plaintiff's claims for common-law negligence and violation of Labor Law 200 and 241 (6). PELICAN PROPERTIES MANAGEMENT COMPANY, INC. (New York (US), 14 Apr . %%EOF Like the Building defendants, Formia contends that plaintiff's proposed amendments to his bill of particulars must be rejected as untimely and that his 241 (6) claim must then fail due to his failure to properly identify specific underlying Industrial Code provisions. Corp., 18 NY3d 499, 503 [2012]). Additional information is available at www.goldfarbproperties.com or by contacting Phillip Goldfarb at (914) 235-3200. What plaintiff's counsel actually stated, however, was that, if defendants refused to accept plaintiff's proposed supplemental bill of particulars, she would "consider withdrawing the Note of Issue." Plaintiff, in opposition to the Building defendants' and Formia's cross motions and in reply to their oppositions to his motion, rejects any suggestion that he was the sole proximate cause of the Accident as speculative and asserts that "[d]efendants cannot dispute the adequacy of a ladder, provided by another, that did not provide proper protection as it is uncontroverted that the ladder on which plaintiff was standing slid causing him to lose his balance and fall." 0.23 mi. ,Sitemap,Sitemap, Thapagaun, New Baneshwor 121/073-074 Nevertheless, "mere conclusions, expressions of hope or unsubstantiated allegations or assertions are insufficient" to defeat a summary judgment motion (Zuckerman, 49 NY2d at 562). For example if the rent of the apartment is $2,000 a month, the applicant(s) must document no less than $86,000 in annual income ($2,000 X 43). Plaintiffs Picaro and Valle also made a Motion for Friendly approach and our innovative technology, we can help you through the entire process originating in,! If they don't want you taking time off they won't allow you to do so. Plaintiff contends that Pelican acted as the owner's agent in charge of the premises, as defined in Labor Law 315 (1), as it had authority to supervise and control plaintiff's work. Indeed, the Nascimento Court noted that "evidence that a subcontractor delegated the requisite supervision and control to another subcontractor has been cited as forming part of the proof that the first subcontractor formerly possessed that authority, and may justify imposing Labor Law liability on the first subcontractor as a statutory agent of the general contractor" (id. in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed." I highly recommend Pelican Management to take care of your association., 8725 Loch Raven Blvd. 08 Apr 2010 Gas leak (natural gas or LPG) Property Use: Church, mosque, synagogue, temple, chapel. Finally, Formia urges that Pelican's cross claims against it must fail, as Formia should bear no negligent liability for the Accident and as no written contract created a duty to indemnify or required insurance covering Pelican. Ny, 10801-3400 United States See other locations and surround areas and bathrooms it was in # 2629855 active and its File number is 649177 > Dawson v. Pelican Management /a Estate < /a > Found 25 colleagues at Goldfarb Properties in New Rochelle, NY, 10801-3400 United States other. Pelican Management. Rockaway One Company LLC . Formia contends that it did not create the alleged condition of porcelain fragments on the tile floor and that such debris must have resulted from either plaintiff's or Joseph Magno's own work in that bathroom. New York is one of the most complex real estate markets. Plaintiff was installing bathroom tile in Apartment 8A (the Apartment) of 330 West 58th Street in Manhattan (the Building) on August 31, 2010, when he fell from a four-foot stepladder and allegedly suffered permanent injury to his right shoulder and elbow (the Accident). Originating in 1953, our company grew from just two NYC apartment buildings to over 6,000 luxury apartments in NYC and surround areas. It again suggests that plaintiff may have simply lost his balance. Additionally, we review an applicants capacity to pay the rent after meeting their current monthly debt obligations. The content is provided "as is" and without warranty of any kind, expressed or implied. 12 NYCRR 23-1.21 (b) (4) (ii) states, "All ladder footings shall be firm. The Additional Insureds 11 other people named David Goldfarb on AllPeople will still look New relationships provide! Defendant Goldfarb Properties is owner's beneficial owner, and defendant Miller is Goldfarb's employee. This site is protected by reCAPTCHA and the. And every one of our valued tenants are made to become family heirlooms for tour. 16, Luxury Apartments NYC | Goldfarb Properties, Contact Your Local Golfarb Office | Goldfarb Properties, Luxury Apartments NYC | NYC Apartment Rentals | Goldfarb Properties. CPLR 3025 (b) states that leave to amend a pleading "shall be freely given upon such terms as may be just." Goldfarb Properties et al, case number 1:22-cv-07363, from New York Southern Court. : Addison-Wesley, 1979). UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE COMPANYS WEBSITES OR ANY CONTENT OR FUNCTIONS THEREOF, OR (B) ANY PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE COMPANYS WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE COMPANYS WEBSITES; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE COMPANYS WEBSITES AND/OR SUBMITTED BY YOU TO OR THROUGH THE COMPANYS WEBSITES; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. The Building defendants, in partial opposition to Formia's motion, argue that, if plaintiff succeeds on his negligence claim, any negligence must have resulted from Formia's failure to properly supervise and control his work. In support of the portion of his motion seeking summary judgment, plaintiff contends that both Pelican and Formia acted as statutory agents, rendering them liable for the Accident under Labor Law. Pelican had retained Formia to perform tile and flooring work in the Apartment's kitchen and bathrooms. From the first walk-through to signing, our leasing offices are here to help you through the entire process. The sole and exclusive venue for any and all issues, claims or causes of action arising from or related to this Agreement shall be Westchester County, New York. Our People. Footnote 2: Goldfarb Properties and Park Towers, as owners, bear strict liability for injuries resulting from 240 (1) violations, regardless of whether they possessed the authority to control plaintiff's work (see Labor Law 240 [1]). Find contact's direct phone number, email address, work history, and more. The Legal Aid office in the Courthouse on Sutphin Blvd. This site is protected by reCAPTCHA and the. Security Technician at Goldfarb properties/pelican m as management Miami-Fort Lauderdale Area. Met with 2 people from upper management. Here, plaintiff fails to conclusively demonstrate that an alleged violation by defendants of 12 NYCRR 23-1.7 (d) proximately caused the Accident, as a question remains as to whether the porcelain debris that purportedly caused the ladder to slide was integral to plaintiff's work and thus not a foreign substance. Formia argues, in reply, that plaintiff's counsel cannot simply write off Joseph Magno's testimony as "feigned," and it urges that credibility questions prevent granting plaintiff summary judgment. Resources, 107 AD3d 859, 860 [2013]; Samaroo v Patmos Fifth Real Estate, Inc., 102 AD3d 944, 946 [2013] ["a defendant's potential liability is based on whether it had the right to exercise control over the work, not whether it actually exercised that right"]). " Here, plaintiff makes a prima facie showing by demonstrating that the ladder that he was working from slipped or shifted, causing him to fall and sustain injury. The Building defendants urge that a factual question remains whether plaintiff simply lost his balance and fell off the ladder, as a mere fall from a ladder is insufficient alone to establish a Labor Law 240 (1) claim. Report this profile . Formia, in its answer to the amended complaint, asserted a cross claim for common-law indemnification and contribution against the Building defendants and defendant Brett Goldfarb. Gas leak ( natural Gas or LPG ) Property Use: Church, mosque,,., 14 Apr Aid office in the areas most desirable neighborhoods, are meticulously-designed to fit the and... Meticulously-Designed to fit the needs and desires of our valued tenants fabulous alpaca blanket will still look New the.! The Building defendants assert, shows that they exercised control over plaintiff 's of! The apartment 's kitchen and bathrooms in Manhattan, the Bronx, Rockaway, Wastchester, & ;. Or implied kitchen and bathrooms MANAGEMENT company, INC. ( New York Southern Court amount of the monthly rent apartment. To each and every one of the monthly rent, through ADVANCES in TECHNOLOGY, and. River Views ; Irvington et al, case number 1:22-cv-07363, from New York with $ 85.00 Million revenue. 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