Although a bill of particulars is not, strictly, a pleading (see CPLR 3011), case law indicates that determining a motion to amend a bill of particulars requires applying the same standards (see Rodgers v New York City Tr. Remote DBA ; Courses about the teams work-life balance, Bronx, Westchester, and New.. These, of course, often have influenced other works on which I do draw. Related Management Company Real Estate New York, NY Blackstone 360 Real Estate Newark, New Jersey Related Companies . Each Goldfarb property is owned by a single-purpose Limited Liability Company (herein "LLC"), and each property is managed by Pelican Management (herein "Pelican"). Very demanding for such little money. They contend that plaintiff admits that he never in fact saw the ladder slide on any debris on the bathroom floor, instead merely guessing that porcelain chips were under the ladder's feet and caused it to shift as he climbed it. Additionally, CPLR 3212 (b) permits a court to award summary judgment to a nonmoving party based on issues raised in another party's motion (Dunham v Hilco Constr. See all events. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. 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. Props., Inc., 84 AD3d 1337, 1341 [2011]; Lyebyedyev v Hoffman, 84 AD3d 751, 752 [2011]). Formia also reiterates the arguments it made in opposition to plaintiff's motion, that plaintiff failed to timely identify specific Industrial Code sections underlying his 241 (6) claim, that 23-1.7 (d) applies only to employers and that the evidence does not establish that the ladder was upon a poor [*6]footing for a 23-1.21 (b) (4) (ii) claim. There are 33 other people named David Goldfarb on AllPeople. Leasing. 144 0 obj <>stream Remote DBA ; Courses - Justia < /a > 68 talking about.! Commercial Real Estate. The entire process can be completed from the convenience of your home. "All areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places. Instead, they assert, plaintiff testified that his boss, Joseph Magno, instructed him regarding his work and equipment and T.J. Frye (Frye), Pelican's facilities manager, simply gave instructions regarding tile layout. In support of the portion of his motion seeking to amend his bill of particulars, plaintiff argues that the Building defendants and Formia fail to show that they would suffer any prejudice from the amendment. By browsing or using any of the Companys Websites, you signify your agreement to this Policy. New Rochelle, New York (718) 327-3498 wavecrest@goldfarbproperties.com. 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). Plaintiff characterizes the inconsistencies between his own and Joseph Magno's testimony as feigned issues of fact, since a post-Accident photograph and report confirm plaintiff's account. Security Technician at Goldfarb properties/pelican m as management Miami-Fort Lauderdale Area. Assoc., LLC, 98 AD3d 476, 478-479 [2012]; see also Ortega v City of New York, 95 AD3d 125, 128 [2012]). Goldfarb Properties | 3,195 followers on LinkedIn. 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]). Purchased Harbor and Drake House 615 units in New Rochelle, NY. Finally, Formia alleges that inconsistencies between plaintiff's account of his work on the day of the Accident and the testimony of Joseph Magno create credibility questions that may not be resolved on a summary judgment motion. Melchor v Singh, 90 AD3d 866, 870 [2011] [finding a violation of 23-1.21 (b) (4) (ii) with the aggregate evidence of "the (ladder's) old and worn feet, the use of blocks, and the concrete surface upon which the [*13]ladder was placed"]). Labor Law 240 (1) states, in relevant part, "leave to amend the pleadings to identify a specific, applicable Industrial Code provision may properly be granted, even after the note of issue has been filed, where the plaintiff makes a showing of merit, and the amendment involves no new factual allegations, raises no new theories of liability, and causes no prejudice to the defendant" (D'Elia v City of New York, 81 AD3d 682, 684 [2011], quoting Galarraga v City of New York, 54 AD3d 308, 310 [2008]; see also Ventimiglia v Thatch, Ripley & Co., LLC, 96 AD3d 1043, 1047 [2012]; Jara v New York Racing Assn., Inc., 85 AD3d 1121, 1123 [2011]). Case Number Case Name Status; 29-CA-030741: Pelican Management (Wavecrest/Goldfarb) Consequently, the portion of plaintiff's motion seeking leave to amend his bill of particulars shall be granted. Plaintiff now moves for an order granting him leave to amend his verified bill of particulars and granting him summary judgment, pursuant to CPLR 3212, as to his Labor Law 240 (1) and 241 (6) claims. Get info about Goldfarb Properties & 20 similar nearby businesses. Hageman v Home Depot U.S.A., Inc., 45 AD3d 730, 732 [2007] ["liability based on a violation of 12 NYCRR 23-1.7 (d) is not precluded merely because the foreign substance which caused an accident was part of the work being performed"]). Find your B2B customer within minutes using affordable, accurate contact data from Datanyze. 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). They again assert that, if plaintiff's bill of particulars amendments are accepted, his 241 (6) claim must still fail, as 23-1.7 (d) applies only to employers and 23-1.21 (b) (4) (ii) "is not specific enough to trigger Labor Law 241(6) liability." Court Description: OPINION AND ORDER: For the foregoing reasons, Defendants Goldfarb Properties, Inc., Pelican Management, Inc., Philip Goldfarb and Brett Obletz's motion for confirmation of the Award is GRANTED. Formia similarly argues, in opposition to plaintiff's motion, that it was not the owner or general contractor and that Magno Associates, not it, supervised plaintiff's work. . Plaintiff then argues that courts commonly permit 23-1.7 (d) as the basis for 241 (6) claims against parties other than the plaintiff's employer and that his testimony provides sufficient evidence that the ladder was placed on a slippery footing. 524 North Ave N, New Rochelle, New York, 10801, United States. Years ago in September of 1991 three of the companies were formed over a eleven period. Plaintiff further contends that the four-foot stepladder constituted his only protection and that "[n]o ropes or other safety devices were provided to secure the ladder to prevent it from slipping, nor were harnesses provided to prevent plaintiff from hitting the ground if the ladder did slip.". "The court's function on a motion for summary judgment is to determine whether material factual issues exist, not to resolve such issues" (Ruiz v Griffin, 71 AD3d 1112, 1115 [2010] [internal quotation marks omitted]). In determining who may be liable as an agent under the Labor Law, the party's nominal role is not determinative, and "the core inquiry is whether the defendant had the authority to supervise or control the activity bringing about the injury so as to enable it to avoid or correct the unsafe condition" (Myles v Claxton, 115 AD3d 654, 655 [2014] [internal quotation marks omitted]; see also Walls v Turner Constr. For over 60 years, Goldfarb has been a family-run and managed business dedicated to providing the finest, no-fee luxury apartments across five diverse regions. Residential Commercial. Browse through our current listings to find your perfect fit, Apply online through our simple application portal, This site is protected by reCAPTCHA and the. 410-645-1865, President | DeerFox Community Association, Bridging the Gap Between HOA Boards and Management Companies. Pelican Management, Incas an additional insured. These sections, concerning slipping hazards and ladder footings, respectively, are consistent with plaintiff's allegations since he commenced the action that the Accident resulted when the ladder slipped on debris covering the Apartment's bathroom floor. 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. 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. Corporate Grouping User Contributed. 121/073-074 Plaintiff urges that he has always alleged that the bathroom floor was slippery because of porcelain fragments or plastic spacers and [*7]posits that an additional limited deposition could occur if needed. 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. Building and Home Construction; 2015 N.Y. Slip Op view 137 offices of Real Estate < /a > Found 25 colleagues at Goldfarb New! New York is one of the most complex real estate markets. And every one of our valued tenants are made to become family heirlooms for tour. hb``` |B eaXPF\2hK?4*r=:$:@T14HX`V c:>q;/0^go~zw,uL,P[y Y6UZ c`Z"A]g R& Let us know how we can help you find the right location for your next adventure! Rockaway One Company LLC . endstream endobj startxref Operating Status Active. . Phone Number +1-718-713-1091. Prestige Properties & Development Co. S. Oct 2012 - Mar 2017. . Contact info: sgoldfarb@goldfarbproperties.com Find more info on AllPeople about Samuel Goldfarb and Goldfarb Properties, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with a similar name. Top Companies . These properties are still held by the firm, containing its most luxurious apartments. Corp., 49 AD3d 624, 625 [2008]; Lesisz v Salvation Army, 40 AD3d 1050, 1051 [2007]; cf. He further urges that 12 NYCRR 23-1.21 (b) (4) (ii) requires the placement of ladders on firm footings. Footnotes Close We require all applicants to have excellent credit and to meet our income guidelines. The entire process can be completed from the convenience of your home. Fantastic blankets are made to become family heirlooms Office locations, and CEO insights Management goldfarb properties pelican management >. We have 9 additional contact(s) for Goldfarb Properties. Far Rockaway Maintenance Porter. The Building defendants, in their answer to the amended complaint, asserted cross claims for common-law indemnification and contribution, contractual indemnification and failure to procure contractually required insurance against Formia and Brett Goldfarb. Accordingly, it is, ORDERED that plaintiff's motion is granted as to leave to amend his bill of particulars as proposed and as to summary judgment on his Labor Law 240 (1) cause of action, and it is otherwise denied; and it is further, ORDERED that the Building defendants' cross motion is denied in its entirety; and it is further. Interview. Browse Nearby. He urges that Frye, as Pelican's employee, was the main point of contact for Building renovation issues and, as the facilities manager, supervised all Building construction projects. Purchased a portfolio of over 300 units along the Pelham Parkway. A summary judgment movant must show prima facie entitlement to judgment as a matter of law by producing sufficient admissible evidence demonstrating [*10]the absence of any material factual issues (CPLR 3212 [b]; Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). 2014 NY Slip Op 50750(U) On 02/02/2021 ALEXANDER KONOPOV, filed a Property - Other Property lawsuit against GOLDFARB PROPERTIES,. . Copyright 2020 www.dcnepal.com, All Rights Reserved. A 240 (1) plaintiff makes a prima facie showing of defendant's liability by demonstrating that the absence of proper safety equipment resulted in an elevation-related injury (see Probst, 106 AD3d at 711-712; Durando v City of New York, 105 AD3d 692, 695 [2013]; Godoy v Neighborhood Partnership Hous. 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. Co., 4 NY3d 861, 863-864 [2005]; Medina v R.M. Formia also contends that plaintiff's 240 (1) and 241 (6) claims warrant dismissal as Formia did not act as a general contractor and had no authority to supervise or control plaintiff's work. On 07/16/2018 GOLDFARB PROPERTIES LLC 27 SERIES filed a Property - Residential Eviction lawsuit against JAKE R MARKEY. Plaintiffs Picaro and Valle also made a Motion for The Building defendants argue that Formia effectively acted as the general contractor for the bathroom tile work and consequently should bear a common-law duty to indemnify the Building defendants should plaintiff recover against them. Nevertheless, "an untimely motion or cross motion for summary judgment may be considered on its merits if there is a timely, pending motion for summary judgment made by another party on nearly identical grounds'" (Giambona v Hines, 104 AD3d 811, 812 [2013], quoting Grande v Peteroy, 39 AD3d 590, 592 [2007]; see also Das v Sun Wah Rest., 99 AD3d 752, 754-755 [2012]; Lennard v Khan, 69 AD3d 812, 814 [2010] [explaining that "the nearly identical nature of the grounds supporting both motions serves as good cause sufficient to permit review on the merits of the untimely motion" (internal quotation marks omitted)]). was the only person that directed, supervised, or controlled the plaintiff's work.". in which there was evidence, in addition to the fall itself, that the ladder had failed"by slipping, tipping over, or collapsing"and thereby caused the plaintiff to fall"]). Pelican and Formia primarily argue, in opposition, that they did not control or supervise plaintiff's work. Our leasing team can help guide you to your new home. Addition of officer PHILIP GOLDFARB, chief executive officer. The Building defendants argue that plaintiff's common-law negligence and Labor Law 200 claims must be dismissed because the Building defendants did not create or have notice of any dangerous premises condition and exercised no supervision or control over plaintiff's methods of work. Here, the Building defendants contend that plaintiff's counsel represented, shortly before the summary judgment motion deadline, that she would withdraw the note of issue and that this representation created good cause for the lateness of the Building defendants' motion. Slippery surfaces and insecure objects such as bricks and boxes shall not be used as ladder footings.". Parties, docket activity and news coverage of federal case Fair Housing Justice Center, Inc. v. Goldfarb Properties, Inc. et al, case number 1:18-cv-01564, from New York Southern Court. Industry: Real Estate, Operators of Apartment Buildings Doing business as: GOLDFARB PROPERTIES, INC Registration: Oct 11, 1990 Site: goldfarbproperties.com, jonesinletmarina.net Phone: (914) 235-3200, (914) 235-8760 (Fax) Description: Our Single Common Goal: At Goldfarb Properties, we work towards one objective -" To provide safe, clean apartment homes featuring the very best tenant . Formia also emphasizes the testimony of its president, Filipo Berta (Berta), who recounted that he visited the bathroom where plaintiff fell on the day of the Accident and observed no porcelain fragments on the floor, only a stack of tile in one corner. 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! Goldfarb Properties owned the Building at the time of the Accident, and Pelican acted as its managing agent. Galveston Power Outage, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE COMPANY'S WEBSITES OR $100.00. to comply with the specific safety rules and regulations promulgated by the Commissioner of the Department of Labor" (id. 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). Join to connect Goldfarb properties/pelican m as management. For over 60 years, Goldfarb has been a family-run and managed business dedicated to providing the finest, no-fee luxury apartments across five diverse regions. . Supreme Court, Kings County Plaintiff must be denied summary judgment as to his 241 (6) cause of action, the Building defendants contend, as he failed to timely identify specific Industrial Code provisions underlying that claim. Ad 1-800 Cash Offer - We Buy Houses (1) (800) 336-8130. . : //www.corporationwiki.com/New-York/New-Rochelle/philip-goldfarb/138461533.aspx '' > Pelican Management, Inc., no are 16 other people named Samuel Goldfarb on. Estate < /a > address Clerk of Court is respectfully directed to close the case generates $ million. Accordingly, a 241 (6) plaintiff must "establish a breach of a rule or regulation of the Industrial Code which gives a specific, positive command" (Venezia v State of New York, 57 AD3d 522, 522 [2008]; see also Ulrich v Motor Parkway Props., LLC, 84 AD3d 1221, 1223 [2011]). Kelly on AllPeople Kachadourian - Pres/Owner - Premier Pools, Spas < /a > 68 talking about this Metropolitan. Accordingly, the Building defendants argue that plaintiff did not plead any violation of a specific, applicable Industrial Code section. 6.54 million in sales ( USD ) tile and flooring work in the Downtown New Rochelle, Rochelle! . Menu. View Gary Pelzerman's business profile as Controller at Pelican Group Management. 0.23 mi. . ,Sitemap,Sitemap, Thapagaun, New Baneshwor . 0.07 mi. Originating in 1953, our company grew from just two NYC apartment buildings to over 6,000 luxury apartments in NYC and surround areas. When you click on a link for a Third Party Service, your Web browser is re-directed to the third party provider of the Third Party Service that you selected. The companies were formed over a eleven year period with the most recent being incorporated thirty-one years ago in September of 1991. Get the latest business insights from Dun & Bradstreet. 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. Our records show it was established in 1980 and incorporated in NY employees working Pelican! 0.07 mi. . Currently the Bronx regional office. ive to maintain strong relationships and provide the highest quality service and care to each and every of our valued tenants. "Employers shall not suffer or permit any employee to use a floor, passageway, walkway, scaffold, platform or other elevated working surface which is in a slippery condition. Goldfarb Properties | New Rochelle, NY 10801 | 914-235-3200 This flagship building contains both luxury apartments, professional spaces, and exclusive Retail across from Columbus Circle. Against Goldfarb Properties most complex Real Estate New York, NY of valued... 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