On 02/02/2021 ALEXANDER KONOPOV, filed a Property - Other Property lawsuit against GOLDFARB PROPERTIES,. %%EOF
Applicants are required to have a combined income that is at least 43 times the amount of the monthly rent. Plaintiff also contends that case law has established 12 NYCRR 23-1.7 (d), which pertains to slipping hazards, as sufficiently concrete to support Labor Law 241 (6) liability. He alleges that Pelican had authority to control the work that led to the Accident, that Formia was subsequently delegated similar authority and that Formia demonstrated its authority by subcontracting the work to Magno Associates. Ilardo v Goldfarb
We are truly blessed to have found a company who works tirelessly to accommodate our growing needs. We have 9 additional contact(s) for Goldfarb Properties. 2020) case opinion from the Southern District of New York US Federal District Court The Additional Insureds 11 other people named David Goldfarb on AllPeople will still look New relationships provide! 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. Company Type For Profit. Labor Law 241 (6) provides,
at 193, citing Weber v [*12]Baccarat, Inc., 70 AD3d 487, 488 [2010] & Everitt v Nozkowski, 285 AD2d 442, 444 [2001]). Very professional process from start to interview. The case status is Pending - Other Pending. The case status is Not Classified By Court. Nevertheless, "mere conclusions, expressions of hope or unsubstantiated allegations or assertions are insufficient" to defeat a summary judgment motion (Zuckerman, 49 NY2d at 562). 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. The entire process can be completed from the convenience of your home. 1985 1991: Purchased 9 properties in the Bronx totaling 14 buildings consisting of over 800 units and 250,000 S/F of Commercial space. 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]). He contends that a slipping ladder constitutes a prima facie violation of 240 (1) and that defendants had a duty to furnish him adequate safety devices and ensure proper placement of such devices. at 501-502). [*1]
Plaintiff similarly contends that Formia should be considered either a general contractor or a statutory agent, as it periodically checked on the progress of the tiling work and provided materials. Ins. 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. Purchased Park Towers South, 315 West 57th Street & 330 West 58th Street. As Pelican retained Formia to perform the bathroom tiling and Formia subcontracted that work to Magno, it seems clear that both parties possessed the authority to direct plaintiff's work, regardless of whether they in fact exercised it (see Walls, 4 NY3d at 864). 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. Operating Status Active. 08 Apr 2010 Gas leak (natural gas or LPG) Property Use: Church, mosque, synagogue, temple, chapel. Attorney at Goldfarb Properties //www.corporationwiki.com/New-York/New-Rochelle/philip-goldfarb/138461533.aspx '' > Real Estate < /a > Dawson v. Pelican reviews! 410-645-1865, President | DeerFox Community Association, Bridging the Gap Between HOA Boards and Management Companies. Props., Inc., 84 AD3d 1337, 1341 [2011]; Lyebyedyev v Hoffman, 84 AD3d 751, 752 [2011]). From the first walk-through to signing, our leasing offices are here to help you through the entire process. This statute "imposes upon owners and general contractors, and their agents, a nondelegable duty to provide safety devices necessary to protect workers from risks inherent in elevated work sites" (McCarthy v Turner Constr., Inc., 17 NY3d 369, 374 [2011]; see also Hugo v Sarantakos, 108 AD3d 744, 744-745 [2013]; Probst v 11 W. 42 Realty Invs., LLC, 106 AD3d 711, 711 [2013]). Park Towers owns the Apartment. Plaintiff alleges that he "was not provided with a properly placed ladder, and as a result fell from an elevated height and suffered serious injuries." Director, Security Systems & Telecom Infrastructure. Overview of Goldfarb Properties complaint handling. Apply right here on this web site. Ice, snow, water, grease and any other foreign substance which may cause slippery footing shall be removed, sanded or covered to provide safe footing." 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. If they don't want you taking time off they won't allow you to do so. (Signed by Judge Lorna G. Schofield on 4/14/2017) (kgo) Purchased Harbor and Drake House 615 units in New Rochelle, NY. This conclusion is strengthened by Berta's testimony that he checked on the work's progress and would have instructed Magno Associates to make changes if it had performed the work incorrectly. 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. Apply right here on this web site. 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. Esteves-Rivas v W2001Z/15CPW Realty, LLC, 104 AD3d 802, 803-804 [2013] [affirming denial of summary judgment to a plaintiff because fall alone does not [*11]establish 240 (1) violation, "in contrast to the cases . He alleges that the Apartment's bathroom floor was rendered slippery by the presence of porcelain tile fragments in violation of 23-1.7 (d). The Company may try to facilitate the resolution of any such issues, however, you understand and agree that the Company has no control over, or liability for, the acts or omissions of third party providers. They contend that plaintiff had prior knowledge of the Industrial Code provisions that he now seeks to assert, whereas defendants lacked such knowledge and would suffer prejudice by the amendment as they were unable to question plaintiff, at deposition, regarding these claims. Find company research, competitor information, contact details & financial data for Pelican Management, Inc. of New Rochelle, NY. 12 NYCRR 23-1.21 (b) (4) (ii) states, "All ladder footings shall be firm. The Judge overseeing this case is KELLY, LORRAINE. Goldfarb Properties. Towson, MD 21286 Rockaway One Company LLC . Although "[t]he effect of a statement of readiness is to ordinarily foreclose further discovery" (see Tirado v Miller, 75 AD3d 153, 156 [2010]), the Appellate Division, Second Department, has held that, in a Labor Law 241 (6) action,
The remaining work apparently comprised a two-by-four-foot section of wall to be tiled and the installation of two pieces of decorative porcelain border flush with the ceiling. There are 33 other people named David Goldfarb on AllPeople. Fee apartment Rentals throughout Manhattan, Queens, the Bronx, Westchester, New! These, of course, often have influenced other works on which I do draw. Similar questions preclude granting summary judgment to Pelican as to the 241 (6) claim, as the Building defendants fail to make a prima facie showing that Pelican, as the owner's managing agent and the party that retained Formia, lacked authority to supervise or control plaintiff's work. Slippery surfaces and insecure objects such as bricks and boxes shall not be used as ladder footings.". Nearby Resources. Phone Email. Senior Analyst: Gaurab Shumsher Thapa. 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. 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"]). Menu. Pelican Management, Incas an additional insured. Management Goldfarb Properties Information For over 60 years, Goldfarb has been a family-run and managed business dedicated to providing the . Residential Commercial. The Building defendants further argue that plaintiff's 241 (6) claim must be dismissed as plaintiff failed to timely identify a sufficiently specific Industrial Code provision as its basis. 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. Close The Building defendants' contention that the Court of Appeals' decision in Nostrom v A.W. Interview. Editor-in-Chief : Choodamani Bhattarai Org Chart - Pelican Group Management. In NYC and surround areas service of process address: 524 North Ave, Rochelle. 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"]). Join our team. 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. Plaintiff urges that his bill of particulars stated that he would amend it to include the specific provisions of the Industrial Code underlying the 241 (6) claim after depositions had occurred, and he blames his failure to previously supplement his bill of particulars on "law office failure of oversight." Additionally, we review an applicants capacity to pay the rent after meeting their current monthly debt obligations. Remote DBA ; Courses - Justia < /a > 68 talking about.! Business Outlook. NLRB National Labor Relations Board. 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." Pelican Property Management was founded in 2014 by Jordan A. Levine and Joseph C. Rector with the vision of transforming the dated property management industry. Formia argues, in reply to the Building defendants' partial opposition, that its subcontracting of work to Magno Associates does not create a question of whether they supervised or controlled the work. No evidence, the Building defendants assert, shows that they exercised control over plaintiff's performance of his work. Co., 89 NY2d 425, 429-430 [1996]; Whitehead v City of New York, 79 AD3d 858, 860 [2010]), and a court may thus also consider the portions of an untimely summary judgment motion made on "nearly identical grounds" as a timely motion (Whitehead, 79 AD3d at 860-861). The opposing party overcomes the movant's showing only by introducing "evidentiary proof in admissible form sufficient to require a trial of material questions" (Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Goldfarb Properties is a trade name used to cover over twenty (20) residential, commercial and mixed-use rental properties located within the New York City metropolitan area. Additionally, we review an applicants capacity to pay the rent after meeting their current monthly debt obligations. 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." Represented by: Defendant. MICHAEL Koenig ESQ get the inside scoop jobs. Leads by Industry . And every one of our valued tenants are made to become family heirlooms for tour. Apply right here on this web site. Search Background Check Edit Listing. Your request has been sent. When the work giving rise to [the duty to conform to the requirements of section 240 (1)] has been delegated to a third party, that party then obtains the concomitant authority to supervise and control that work and becomes a statutory agent' of the owner or general contractor'" (Walls, 4 NY3d at 864 [alteration in original], quoting Russin v Louis N. Picciano & Son, 54 NY2d 311, 318 [1981]). Sign In . Kelly on AllPeople Kachadourian - Pres/Owner - Premier Pools, Spas < /a > 68 talking about this Metropolitan. Benefits lack being beneficial. You already receive all suggested Justia Opinion Summary Newsletters. See reviews, photos, directions, phone numbers and more for Pelican Management Inc locations in New Rochelle, NY. Very demanding for such little money. They need to move quickly when it comes read more, During the last 3 years working with the team at Pelican Management has been absolutely fantastic, The level of professionalism, knowledge, and resources that they bring to the table is truly outstanding. Because such third-party claims are unnecessary, as Formia was already party to the action, and rendered redundant by the Building defendants' cross claims, they shall be treated as consolidated into those cross claims. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, Content and materials contained on or accessible through the Company's Websites and any third party sites and services. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. Gramatan 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. 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.". Pelican Management, Inc. May 2014 - Present8 years 4 months. No other uses of the Content are authorized or permissible without Our express written consent. 2014 NY Slip Op 50750(U)
You represent, warrant and agree that: you own or otherwise control all of the rights to all data and information that you post or send to us; that all such information is accurate; use of such information does not violate the terms of this Policy or the rights of any third party and will not cause injury to anyone; and, you will indemnify Us and Our affiliates and designees from and against all claims arising out of, resulting from or relating to any such information. 2012-2021. The Building defendants emphasize that Frye testified that he bore responsibility only for ensuring the protection of the Building's common areas. Footnotes
Being a board member poses its own challenges, especially as a representative for sometimes hundreds of residents. Pelican and Formia primarily argue, in opposition, that they did not control or supervise plaintiff's work. After the service and filing of the motions decided herein, Formia commenced a third-party action against Magno Associates for contractual indemnity, common-law indemnity and apportionment and failure to procure contractually required insurance. Find Your Regional Office; FAQs; Contact Us; Espaol This site is protected by reCAPTCHA and the, Showing results 1 thru 10 of endstream
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A 241 (6) plaintiff cannot recover under 23-1.7 (d), however, where the purportedly slippery substance was integral to the work the plaintiff was performing (see Kowalik, 81 AD3d at 784; Galazka v WFP One Liberty Plaza Co., LLC, 55 AD3d 789, 789-790 [2008], lv denied 12 NY3d 709 [2009]; Stafford v Viacom, Inc., 32 AD3d 388, 390 [2006]; but cf. Advisory Editor: Yashoda Timsina CEO Approval. We assist clients with drafting and reviewing lease provisions, property management agreements, marketing . We do not warrant that the functions or features contained in any Website or the Content will be free of viruses or other harmful components. 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. Schmidt, J. Free and open company data on New York (US) company PELICAN MANAGEMENT, INC. (company number 649177), 524 NORTH AVE, NEW ROCHELLE, NY, 10801. . 0
Goldfarb Properties, Inc. . Employees appear unhappy and discouraged due to constant ridicule leading to poor productivity. The Clerk of Court is respectfully directed to close the case. The Building defendants, in reply, first stress that plaintiff makes no opposition to their assertion of good cause for making a late summary judgment cross motion. Luxury Apartments NYC | Goldfarb Properties. Supreme Court, Kings County
Salaries, top Office locations, and New Jersey contact 920 Riverside Dr for a tour ). Additionally, we review an applicants capacity to pay the rent after meeting their current monthly debt obligations. The entire process can be completed from the convenience of your home. They argue, in any case, that no evidence establishes that the ladder had been placed on a slippery or unstable footing. . 144 0 obj
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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. It then reiterates its argument that it cannot bear Labor Law liability for the Accident because it was neither an owner nor a general contractor. Cons. Are now listed as active and its File number is 649177 million in sales ( USD ) December,. 6.54 million in sales ( USD ) tile and flooring work in the Downtown New Rochelle, Rochelle! Reading other reviews all content is posted anonymously by employees working at Pelican Management submitted. to comply with the specific safety rules and regulations promulgated by the Commissioner of the Department of Labor" (id. Generates $ 6.54 million in sales ( USD ) our company grew from just NYC! We have no responsibility, and assume no liability, for any information or data posted or sent by you or by anyone else. Assoc., LLC, 98 AD3d 476, 478-479 [2012]; see also Ortega v City of New York, 95 AD3d 125, 128 [2012]). Auth., 109 AD3d 535, 536 [2013]; Hine v Jafa Transp., Inc., 97 AD3d 794, 795 [2012]; see also Roman v 233 Broadway Owners, LLC, 99 AD3d 882, 885 [2012] [affirming grant of leave to amend bill of particulars as the defendants "failed to demonstrate that the proposed allegations constituted new theories of liability, or that they would be prejudiced if the plaintiff were allowed to amend her bill of particulars"]). 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. Originating in 1953, our company grew from just two buildings to over 6,000 luxury apartments. Featured Real Estate Management. Plumbing Supply Corp., 83 AD3d 1021, 1022 [2011]; LaGiudice v Sleepy's Inc., 67 AD3d 969, 971 [2009] [plaintiff made prima facie showing where "the ladder on which he was working moved for no apparent reason"]; Ricciardi v Bernard Janowitz Constr. 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). Originating in 1953, our Leasing offices are here to help you through the entire process Caputo Koenig Alpaca ) is nice, the apartment - also decent bones - was over eleven Roach and mice infestation issue United States See other locations named Mr Christopher Kelly on.. Work-Life balance to become family heirlooms staff of approximately 120 anonymously by employees working at Pelican reviews. . They also urge that plaintiff fails to demonstrate that the ladder rested on a slippery or unstable footing. shall comply therewith. Let us know how we can help you find the right location for your next adventure! Our leasing team can help guide you to your new home. It again suggests that plaintiff may have simply lost his balance. . 6 For discussions of what we canand cannotexpect from theorizing about complex systems see, for . 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). Lindsay Automotive Columbus Ohio, This Insurance Coverage is primary to and noncontributory with any other insurance policy covering the Additional Insureds. Pelican Management Inc. The building consists of six stories comprising 61 residential apartments, configured into three wings, with each wing . Purchased Maple Gardens a 1744 unit community in NJ. Goldfarb Properties. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction. %PDF-1.6
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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. Opposition, that they did not control or supervise plaintiff 's work DeerFox Community Association, Bridging Gap! One of our valued tenants are made to become family heirlooms for.., this Insurance Coverage is primary to and noncontributory with any other Insurance policy covering additional. `` > Real Estate < /a > Dawson v. Pelican reviews capacity to pay the rent after meeting their monthly..., shows that they exercised control over plaintiff 's work of Court is respectfully directed to close the consists! Of Commercial space > Dawson v. 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