Lawsuit Against the City

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    SUPREME COURT OF THE STATE OF NEW YORK

    COUNTY OF NEW YORK

    Zurich American Insurance Company as

    subrogee of Recall Holdings Ltd, RecallCorporation, Recall Total InformationManagement, New 10th Street LLC,affiliates of those companies includingCitiPostal, Inc., and any other entity thathas received, directly or indirectly, benefitsunder policy number MCP9842297-01

    Plaintiff,vs.

    City of New York

    Defendant.

    ::::::::::::::::::

    Index No.:

    SUMMONS

    TO THE CITY OF NEW YORK:

    YOU ARE HEREBY SUMMONEDto answer the Complaint in this action and to servea copy of your Answer, or if the Complaint is not served with a Summons, to serve a Notice ofAppearance on the plaintiffs attorney(s), within twenty (20) days after the service of this

    summons, exclusive of the day of service, or within thirty (30) days after completion ofservicewhere service is made in any other manner than by personal delivery within the State. Incase of your failure to appear or answer, judgment may be taken against you by default for therelief demanded in the Complaint.

    New York County is designated as the place of trial because the plaintiff conductsbusiness in the County of New York and the defendants are municipal corporations in theCounty of New York.

    WHITE AND WILLIAMS LLP

    By:Christopher Konzelmann, EsquireAttorneys for Plaintiff7 Times Square, Suite 2900

    New York, New York 10036(212) 244-9500

    Dated: January 29, 2016

    ILED: NEW YORK COUNTY CLERK 01/29/2016 02:23 PM INDEX NO. 150757/

    YSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/29/

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    The address for the defendant is:

    Zachary CarterCorporation Counsel

    New York City Law Department100 Church StreetNew York, NY 10007

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    -1-

    16556400v.1

    SUPREME COURT OF THE STATE OF NEW YORK

    COUNTY OF NEW YORK

    Zurich American Insurance Companyas subrogee of Recall Holdings Ltd,

    Recall Corporation, Recall TotalInformation Management, New 10thStreet LLC, affiliates of thosecompanies including CitiPostal, Inc.,and any other entity that has received,directly or indirectly, benefits under

    policy number MCP9842297-01

    Plaintiff

    vs.

    City of New York

    Defendant

    ::

    :::::::::::

    ::::

    Index No.:

    COMPLAINT

    Zurich American Insurance Company as subrogee of Recall Holdings Ltd, Recall

    Corporation, Recall Total Information Management, New 10th Street LLC, affiliates of

    those companies including CitiPostal, Inc., and any other entity that has received, directly

    or indirectly, benefits under policy number MCP9842297-01 [hereinafter referred to as

    Zurich], by way of complaint against the defendant, avers as follows:

    Parties

    1. Plaintiff Zurich as subrogee of Recall Holdings Ltd, Recall Corporation,

    Recall Total Information Management, New 10th Street LLC, affiliates of those

    companies including CitiPostal, Inc., and any other entity that has received, directly or

    indirectly, benefits under policy number MCP9842297-01, is a New York corporation

    engaged in the insurance business with a statutory home office located at One Liberty

    Place, 165 Broadway, 32nd Floor, New York, New York 10006, and a principal place of

    business at 1400 American Lane, Schaumburg, Illinois.

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    2. Defendant City of New York is a municipal corporation that maintains its

    principal place of business at 100 Church Street, New York, New York.

    Venue and Jurisdiction

    3. Venue is proper in the County of New York. The parties regularly

    conduct business in the County of New York.

    4. The court has jurisdiction over the defendant. The defendant regularly

    conducts business in the County of New York and maintain offices in the County of New

    York.

    5 North 11th Street and 20 North 12

    th

    Street, Brooklyn

    5. In January 2015, New 10th Street LLC owned the 117,000 square foot

    building at 5 North 11th Street and 20 North 12th Street, Brooklyn.

    6. The building that existed in 2015 was constructed in phases. Building A,

    constructed in or around 1984, was a 60,000 +/- square foot warehouse that included a

    pump room for sprinkler equipment. Building B, constructed in or around 1996/1997,

    was a 22,000 +/- square foot warehouse and loading dock. Building C, constructed in or

    around 1999/2000, consisted of two components a warehouse and a four story structure

    used for offices and recreational space.

    7. A covered breezeway used as a loading dock separated Building A from

    Building B.

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    Figure 1 - Pre Fire Photograph

    Figure 2 - Pre Fire Floorplan

    The breezeway was approximately twenty-five feet wide.

    8. 10th Street LLC entered into a lease agreement for the building with

    CitiPostal, Inc. starting in or around 2001. CitiPostal, Inc. used the building for

    warehousing.

    9. Section 5 of the lease agreement required CitiPostal, Inc. to insure the

    building. Section 6 of the lease agreement required CitiPostal, Inc. to utilize insurance

    proceeds to pay for building repairs necessitated by damage caused by fire.

    Breezeway

    Loading

    Dock

    Breezeway

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    10. 10th Street LLC transferred the property to New 10th Street LLC, subject to

    the lease agreement, in 2004.

    11. Recall, which maintains its principal offices at One Recall Center, 180

    Technology Parkway, Norcross, Georgia, acquired and/or otherwise absorbed CitiPostal,

    Inc. in 2014. Recall Total Information Management then began operating the building

    under the New 10th Street LLC lease.

    Building Sprinkler Systems

    12. The New York City Fire Department [FDNY] recognizes that sprinkler

    systems are effective for substantially reducing damage caused by fire:

    Sprinkler systems are required by law in varoiusoccupancies. They also may be installed voluntarily by theowner of the building. The sprinklers are installed to

    protect the building and its residents. The installation ofsprinklers has a major effect in reducing fire losses. About96% of the fires are extinguished or controlled whensprinklers are installed. The 4% failure was due to avariety of causes including defective piping, closed supplyvalves, frozen water lines, improper maintenance, and

    blocked water supply piping.

    http://www.nyc.gov/html/fdny/pdf/cof_study_material/s_12_citywide_sprinkler_systems.pdf

    13. The FDNY also recognizes two specific functions of a sprinkler system

    with a water flow alarm:

    Functions of Alarms and Supervisory Signals Asprinkler system with a water alarm serves two functions:1) It is an effective fire extinguishing system, and 2) It is an

    automatic fire alarm. An alarm is signaled as soon as asprinkler head has opened. This is important since it allowsthe occupants time to leave the building. It also signals thatthe Fire Department should be summoned.

    http://www.nyc.gov/html/fdny/pdf/cof_study_material/s_12_citywide_sprinkler_systems.pdf

    http://www.nyc.gov/html/fdny/pdf/cof_study_material/s_12_citywide_sprinkler_systems.pdfhttp://www.nyc.gov/html/fdny/pdf/cof_study_material/s_12_citywide_sprinkler_systems.pdfhttp://www.nyc.gov/html/fdny/pdf/cof_study_material/s_12_citywide_sprinkler_systems.pdfhttp://www.nyc.gov/html/fdny/pdf/cof_study_material/s_12_citywide_sprinkler_systems.pdfhttp://www.nyc.gov/html/fdny/pdf/cof_study_material/s_12_citywide_sprinkler_systems.pdfhttp://www.nyc.gov/html/fdny/pdf/cof_study_material/s_12_citywide_sprinkler_systems.pdfhttp://www.nyc.gov/html/fdny/pdf/cof_study_material/s_12_citywide_sprinkler_systems.pdfhttp://www.nyc.gov/html/fdny/pdf/cof_study_material/s_12_citywide_sprinkler_systems.pdf
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    14. Buildings A, B, and C, along with the breezeway, were protected by a

    sprinkler system.

    January 31, 2015 Fires

    15. On January 31, 2015 at approximately 4:26 a.m., the heat from a small fire

    in the buildings breezeway caused one or two sprinkler heads to activate. The sprinkler

    head activation also caused the fire alarm to transmit a signal to the monitoring company.

    16. The alarm monitoring company received the activation signal at

    approximately 4:27 a.m. and notified the FDNY.

    17. The FDNY incident report states that the dispatch center sent first

    responders to the building at 4:29 a.m. FDNY personnel arrived at 4:36 a.m. A copy of

    the incident report is attached as Exhibit A.

    18. FDNY members took complete control of the building, including the area

    of fire origin, upon arrival.

    19. FDNYs taking complete control of the building created a special

    relationship with the building owner and occupants.

    20. The FDNY incident report describes the situation found upon arrival and

    the actions taken:

    Received as a Class 3 alarm. Upon arrival found a fire onwhat appeared to be storage shelves approx. 50 feet into the

    building. Fire was controlled by the sprinkler system. L-106 and L-146 performed appropriate salvage operationsand checked for extension. No extension to the structure. E-

    229 operated a 2 line to wet down debris that wassmoldering.

    FDNY personnel also went to the buildings sprinkler room and closed the main valve

    that controlled the flow of water to the entire system.

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    21. By closing the main water supply valve, FDNY personnel made the

    sprinkler system completely inoperable and substantially increased the risk of a

    conflagration if there was a rekindle of the initial breezeway fire or a separate fire

    originating elsewhere.

    22. The actions of FDNY personnel made the building substantially more

    dangerous and substantially increased the risk of a catastrophic fire.

    23. FDNY personnel did not advise Recall personnel that they made the

    sprinkler system inoperable, and left the building unprotected, by closing the main water

    supply valve.

    24. The FDNY incident report states that all personnel left the site by 5:51

    a.m.

    25. The breezeway fire caused very minimal damage.

    Figure 3 - Breezeway Fire Damage

    26. Approximately 45 minutes after FDNY personnel left the site following

    the breezeway fire, a Recall worker entered Building B through a man door adjacent to

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    the breezeway roll-up door on the 11th Street side of the building. As the worker moved

    towards the center of the building, he saw an orange glow. The worker instructed a

    second employee to call the FDNY.

    27. The buildings fire alarm system activated at 6:32 a.m., 47 minutes after

    FDNY personnel cleared the scene from the initial incident.

    28. Because NYFD personnel had shut off the sprinkler systems main water

    supply valve following the breezeway fire, and left the building unprotected, the fire

    spread quickly.

    29. The second incident caused the complete destruction of the building.

    Figure 4 - Post Fire

    Insurance Coverage

    30. Zurich issued policy MCP9842297-01 to Recall Holdings Ltd. The policy

    was effective June 30, 2014 to June 30, 2015.

    31. The Zurich policy provided benefits to various Recall Holdings Ltd.

    affiliates and/or subsidiaries, including Recall Total Information Management

    Corporation, along with New 10th Street, LLC (the entity that owned the building).

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    32. The insureds submitted a claim to Zurich as a result of the January 31,

    2015 fire at the building. Claimed losses included, but were not limited to, demolition

    expenses, debris removal expenses, building damage, business property damage, business

    interruption, and emergency response expenses. Zurich continues to adjust the claim and

    to date has made payments exceeding $50,000,000.

    33. Pursuant to the terms of the insurance policy, and the applicable law,

    Zurich is subrogated to its insureds rights and claims if the company pays a loss caused

    by the actions and/or inactions of a third party.

    34. The actions and/or inactions of the FDNY created the conditions which

    caused the January 31, 2015 fire discovered at approximately 6:32 a.m. Zurich is

    therefore subrogated to its insureds rights against the City of New York.

    NOTICE OF CLAIM

    35. Within ninety days of the occurrence which is the subject of this

    complaint, Zurich filed the required notice with the City. Zurich demanded that the City

    adjust and pay the claim. A copy of the claim notice, and the Citys acknowledgement of

    the notice, are attached as Exhibit B.

    36. Within ninety days of the occurrence which is the subject of this

    complaint, Recall filed a notice with the City. Recall demanded that the City adjust and

    pay the claim. A copy of the claim notice, and the Citys acknowledgement of the notice,

    are attached as Exhibit C.

    37. More than 30 days have elapsed since Zurich and Recall presented their

    claims to the City. The City has neglected and/or refused to pay the claims.

    38. Zurich is bringing this action within one year and ninety days of the event

    at issue.

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    COUNT I

    39. Zurich incorporates the allegations contained in the preceding paragraphs

    as if set forth at length herein.

    40. There was a special relationship between the FDNY and Zurichs insured

    based in part on the FDNY taking complete control of the building during the initial

    incident.

    41. The FDNY owed a duty to Zurichs insureds to exercise due and

    reasonable care when responding to the initial breezeway fire on January 31, 2015 at

    approximately 4:29 a.m.

    42. The FDNY breached the duty owed in one or more of the following ways:

    a. Closing the main water supply valve to the sprinkler therebyrendering the system completely inoperable especially when doingso was not necessary for suppression.

    b. Failing to advise Recall personnel that they shut off the main valveto the sprinkler system thereby rendering the system inoperable.

    c. Failing to stop the flow of water from the activated sprinkler

    head(s) by using a sprinkler wedge or sprinkler tongs whichwould have allowed the sprinkler system to remain fullyoperational.

    d. Failing to recognize that by closing the main water supply valve tothe sprinkler system, if the breezeway fire was not fullyextinguished, or there was a second fire, the sprinkler systemwould not work thereby allowing a fire to spread quickly.

    e. Failing to fully and properly extinguish the breezeway fire.

    f. Failing to fully and properly check for extension and/or spreadfollowing the breezeway fire.

    g. Failing to advise or otherwise warn on-site personnel that they maynot have fully extinguished the breezeway fire.

    h. Failing to follow standard operating procedures and/or guidelinesin responding to the breezeway fire.

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    i. Failing to follow standard operating procedures and/or guidelinesin addressing the activation of one or two sprinkler heads in a largecommercial warehouse.

    j. Failing to follow standard operating procedures and/or guidelinesin ensuring that the breezeway fire was fully extinguished beforeleaving the site.

    k. Failing to otherwise use due and reasonable care under thecircumstances.

    43. The FDNYs breach of duty was a direct and proximate cause of the

    incident that destroyed the Recall building.

    WHEREFORE, Zurich demands judgment against the defendant for damages

    exceeding $50,000,000 together with interest, attorneys fees, and the costs of this action.

    Dated: January 29, 2016WHITE AND WILLIAMS LLP

    By:Christopher Konzelmann, EsquireAttorneys for Plaintiff7 Times Square, Suite 2900

    New York, New York 10036(212) 244-9500

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    16535582v.1

    Exhibit A

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    16535583v.1

    Exhibit B

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    eCLAIM Receipt

    You have successfully filed your claim.

    By successfully filing your claim, you have certified that all information provided is true and correct to

    the best of your knowledge and belief. You also understand that the willful making of any false

    statement of material fact herein may subject you to criminal penalties and civil liabilities.

    Please allow up to 30 days to receive an email acknowledging your claim.

    If you have any questions please contact 212-669-3916.

    Your Receipt Number is the following:

    2 15 16968

    You uploaded:

    Claim Form: 1

    Supporting Documents:0

    4/29/2015 10:46 AM

    Claimant Last Name:Zurich American Insurance Company

    Claimant First Name:See below

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    (& Attorney is filing.

    Attorney Information If claimant is represented by attorney)

    Firm or Last Name: White and

    Williams LLP

    Firm or First Name:

    Address:

    Address 2:

    City:

    State:

    Zip Code:

    Tax ID:

    Phone #:

    *Email Address:

    *Retype Email

    Address:

    1650 Market Street

    Suite 1800

    Philadelphia

    PENNSYLVANIA

    19103

    2158646334

    [email protected]

    [email protected]

    The time and place where the claim arose

    New York City Comptroller

    Scott M. Stringer

    Office of the New York City Comptroller

    1 Centre Street

    New York, NY 10007

    Form Version: NYC-COMPT-BLA-PD1-B

    Property Damage or Loss Claim Form

    Electronically filed claims must be filed at the NYC Comptroller's Website. If your claim is not resolved

    within 1 year and 90 days from the date of occurrence you must start legal action to preserve your rights.

    I am filing: C

    -

    On behalf of myself.

    On behalf of someone else. If on someone else's

    behalf, please provide the following information.

    Last Name:

    First Name:

    Relationship to

    the claimant:

    Claimant Information

    *Last Name: Zurich American Insurance Company

    *First Name:

    See below

    Address: 1400 American Lane

    Address 2:

    City: Schaumburg

    State: ILLINOIS

    Zip Code: 0196

    Country: SA

    Date of Birth:

    ormat: MM/DD/YYYY

    Soc. Sec. #

    HICN:

    (Medicare #)

    Date of Death:

    Phone:

    *Email Address:

    *Retype Email

    Address:

    Occupation:

    City Employee? ('Yes ( No ( NA

    Gender

    Male

    ' Female (i' Other

    * Denotes required fields.

    A Claimant OR an A ttorney Email Address is required

    01/31/2015

    Format: MM/DD/YYYY

    Format: HH:MM AM/PM

    :30 AM

    5 North 11th Street and 20 North 12th Street,

    Brooklyn, NY

    5 North 11th Street

    20 North 12th Street

    N

    e

    w York

    NEW YORK

    BROOKLYN (KINGS)

    *Date of Incident:

    Time of Incident:

    *Location of

    Incident:

    Address:

    Address 2:

    City:

    State

    Borough:

    Property Clerk

    Voucher Number:

    District Attorney

    Release Number:

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    New York City Comptroller

    Scott M. Stringer

    Office of the New York City Comptroller

    1 Centre Street

    New York, NY 10007

    M a nner

    in which

    claim arose

    Claimant Zurich American Insurance Company issued policy number MCP98412297-01 to Recall Holdings LTD. The

    policy provided coverage to various Recall Holdings LTD affiliates and/or subsidiaries, including Recall Corporation,

    the entity that operated the storage facility at 5 N 11th Street and 20 N 12th Street, Brooklyn.

    The New York City Fire Department responded to a small and controlled fire at the Recall facility on January 31, 2015

    at approximately 4:30 a.m. The fire had been contained by the building's zoned sprinkler system. FDNY members

    disabled the entire system leaving the building without any sprinkler system protection.

    FDNY members left the site approximately one hour after arrival but never fully extinguished the fire. FDNY members

    did not advise of their departure nor did they take sufficient steps to make sure the building was safe, that the fire

    was fully extinguished, or that the sprinkler system was returned to service. The fire rekindled, spread, and ultimately

    destroyed the building. Preliminarily, this claim is based on four alleged errors. First, failing to fully extinguish the fire

    before leaving the site. Second, disabling the entire sprinkler system. Third, failing to restore the sprinkler system

    before leaving the site. Fourth, failing to advise the building occupants that they had disabled the entire sprinkler

    system.

    Recall Holdings LTD and its affiliates and/or subsidiaries insured under the policy submitted claims to Zurich

    American Insurance Company seeking recovery for their losses. Claimed losses include, but are not limited to, the

    building, property in the building, demolition expenses, debris removal expenses, business interruption losses,

    emergency response expenses, and third party liability claims from customers, the building owner, and surrounding

    businesses. This specifically includes damage to the structure owned by New 10th Street, LLC.

    Zurich American Insurance Company has made or will make in the future payments that ultimately go to New 10

    Street, LLC due to certain contractual relations.

    The claimants submitting this notice are Zurich American Insurance Company as subrogee of Recall Holdings LTD,

    Recall Corporation, Recall Total Information Management, New 10 Street, LLC, affiliates and/or subsidiaries of those

    companies, and any other entity that may receive, directly or indirectly, policy benefits. Zurich American Insurance

    Company may bring the claims its own name, or in the names of the entities that receive policy benefits, including

    those identified in the preceding sentence.

    Recall Corporation and/or its affiliated companies have submitted or will submit in the future a separate notice.

    Denotes required field.

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    The items of

    claim adjustment process is ongoing. Zurich American Insurance Company may pay in excess of $60,000,000.00

    damage claimed

    mong other things, damage to the building, property in the building, demolition expenses, debris removal

    are include dollar

    enses, business interruption losses, emergency response expenses, and third party liability claims from customers,

    amounts):

    uilding owner, and surrounding businesses.

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    New York City Comptroller

    Scott M. Stringer

    Office of the New York City Comptroller

    1 Centre Street

    New York, NY 10007

    Witness 1 Information

    itness 4 Information

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State:

    Zip Code:

    Last Name:

    First Name:

    Address

    Address 2:

    City

    State:

    Zip Code:

    Witness 2 Information

    itness 5 Information

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State:

    Zip Code:

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State:

    Zip Code:

    Witness 3 Information

    itness 6 Information

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State:

    Zip Code:

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State:

    Zip Code:

    Police Information

    Police Officer Last

    Name:

    Police Officer First

    Name:

    Shield Number:

    Precinct:

    Please indicate which of the following reports you have

    DAccident Report

    ElAided Report

    E]Complaint Report

    Report Number:

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    New York City Comptroller

    Scott M. Stringer

    Office of the New York City Comptroller

    1 Centre Street

    New York, NY 10007

    Insurance Information

    Do you have insurance?

    C Yes

    ' No

    Did you report your accident to your insurance

    C

    Yes ' No

    company?

    Were you paid by your insurance company?

    \

    Yes No

    Is payment pending?

    C` Yes

    ` No

    Deductible Amount:

    Insurance Company

    Zurich American Insurance Company

    Name:

    Address:

    1400 American Lane

    Address 2:

    City:

    Schaumburg

    State:

    ILLINOIS

    Zip Code: 60196

    Policy#:

    MCP9842297-01

    Phone #:

    Agent Name:

    City vehicle information

    Plate #:

    City Driver Last

    Name:

    City Driver First

    Name:

    Total Amount

    60,000,000.00

    Claimed:

    The Total Amount Claimed can only be entered Format: Do not

    once the following required fields are entered:

    nclude $ or , .

    Claimant Last Name

    Claimant First Name

    Claimant Email orAttorney Email

    Date of Incident

    Location of Incident

    Manner in which claim arose

    1 certify that all information contained in this notice is true and correct to the b est of my knowledge a nd belief. l understand that the willful

    making of any false statement of material fact herein will subject me to criminal penalties and civil liabilities

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    16551686v.1

    Exhibit C

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    eCLAIM Receipt

    You have successfully filed your claim.

    By successfully filing your claim, you have certified that all information provided is true and correct to

    the best of your knowledge and belief. You also understand that the willful making of any false

    statement of material fact herein may subject you to criminal penalties and civil liabilities.

    Please allow up to 30 days to receive an email acknowledging your claim.

    If you have any questions please contact 212-669-3916.

    Your Receipt Number is the following:

    2 15 16972

    You uploaded:

    Claim Form: 1

    Supporting Documents:0

    4/29/2015 2:14 PM

    Claimant Last Name:Recall Corp.

    Claimant First Name:see below

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    New York City Comptroller

    Scott M. Stringer

    Office of the New York City Comptroller

    1 Centre Street

    New York, NY 10007

    Form Version: NYC-COMPT-BLA-PDI-B

    Property Damage or Loss Claim Form

    Electronically filed claims must be filed at the NYC Comptroller's W ebsite. If your claim is not resolved

    within 1 year and 90 days from the date of occurrence you must start legal action to preserve your rights.

    I am filing:

    On behalf of myself.

    On behalf of someone else. If on someone else's

    behalf, please provide the following information.

    Last Name:

    First Name:

    Relationship to

    the claimant:

    Claimant Information

    Recall Corp.

    see below

    One Recall Center

    180 Technology Parkway

    Norcross

    GEORGIA

    SA

    Format: MM/DD/YYYY

    ('Yes (. No ('NA

    Male

    Female

    e

    Other

    * Denotes required fields.

    A

    Claimant OR an Attorney Email Address is required

    6i

    Attorney is filing.

    Attorney Information If claimant is represented by attorney)

    Firm or Last Name:

    Firm or First Name:

    Address:

    Address 2:

    City:

    State:

    Zip Code:

    Tax ID:

    Phone #:

    *Email Address:

    *Retype Email

    Address:

    Pillsb

    ury Winthrop Shaw Pittman LLP

    Matthew D. Stockwell

    1540 Broadway

    New York

    NEW YORK

    10036

    2128581000

    [email protected]

    [email protected]

    The time and place where the claim arose

    01/31/2015

    Format: MM/DD/YYYY

    Format: HH:MM AM/PM

    :30 AM

    5 N 11th Street and 20 N 12th Street,

    Brooklyn, NY

    NEW YORK

    Property Clerk

    Voucher Number:

    District Attorney

    Release Number:

    *Last Name:

    *First Name:

    Address:

    Address 2:

    City:

    State:

    Zip Code:

    Country:

    Date of Birth:

    Soc. Sec. #

    HICN:

    (Medicare #)

    Date of Dea th:

    Phone:

    *Email Address:

    *Retype Email

    Address:

    Occupation:

    City Employee?

    Gender

    *Date of Incident:

    Time of Incident:

    *Location of

    Incident:

    Address:

    Address 2:

    City:

    State:

    Borough:

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    New York City Comptroller

    Scott M. Stringer

    Office of the New York City Comptroller

    1 Centre Street

    New York, NY 10007

    *Manner in which

    claim arose

    In the early morning hours (-4:30 am) of January 31, 2015, the Fire Department of New York (FDNY) responded to a

    small fire at claimant's warehouse(s) that was located at 5 N 11th Street and 12 N 12th Street, Brooklyn, NY. The fire

    was initially contained by the facility's zoned sprinkler system. While elements of the FDNY were gaining control of

    the fire, others went and disabled all zone's of the warehouse's fire sprinkler system. This left the warehouse without

    protection from fire.

    After less than an hour, and before the fire was fully extinguished, the FDNY departed from the warehouse(s). The

    FDNY gave no notice of its departure; nor did it provide any instructions or install any safeguards against further fire.

    As a result, the fire regained strength and began to spread.

    The FDNY was called back to the warehouse(s) but by the time the FDNY returned, the fire was uncontrollable.

    Eventually, the fire consumed the entire warehouse(s) and its contents; it was a total loss. Claimants loss was, in

    whole or in part, caused by the acts and/or omissions of the FDNY.

    The loss of real and personal property and the resulting disruption of claimant's business has damaged claimant in an

    amount in excess of $70,000,000. The loss includes the physical structure, demolition/debris removal, third-party

    claims (from customers that lost materials, to their customers, to the building owner and surrounding businesses and

    neighbors), rebuilding obligations and options, and administrative and incident response costs. In addition,claimant

    will seek indemnity/contribution for any third-party claims brought against it.

    Recall Corp. provides this notice for itself and its affiliates (including but not limited to CitiPostal, Inc. and CitiStorage,

    Inc.), insurers, and assigns.

    * Denotes required field

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    The items of

    damage claimed

    are include dollar

    amounts):

    As of this writing, claimant has lost or incurred over $70,000,000 in damages and incurred and expected liabilities

    from the loss of real and personal property, and the resulting disruption of claimant's business. This includes loss of

    the physical structure; demolition/debris removal; third-party claims (from customers that lost materials, to their

    customers, to the building owner and surrounding businesses and neighbors); rebuilding obligations and options;

    and administrative and incident response costs. In addition, claimant anticipates that its liabilities and damages will

    continue to grow as additional private parties and public agencies assert (and claimant defends) claims, assessments,

    and other costs against the claimant.

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    ew York City Comptroller

    Scott M. Stringer

    Office of the New York City Comptroller

    1 Centre Street

    New York, NY 10007

    Witness 1 Information itness 4 Information

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State:

    Zip Code:

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State:

    Zip Code:

    Witness 2 Information

    itness 5 Information

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State:

    Zip Code:

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State:

    Zip Code:

    Witness 3 Information

    itness 6 Information

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State:

    Zip Code:

    Last Name:

    First Name:

    Address

    Address 2:

    City:

    State

    Zip Code:

    Police Information

    lease indicate which of the following reports you have

    Police Officer Last

    Name:

    Police Officer First

    Name:

    Shield Number:

    Precinct:

    L i

    Accident Report

    LiAided Report

    Complaint Report

    Report Number:

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    New York City Comptroller

    Scott M. Stringer

    Office of the New York City Comptroller

    1 Centre Street

    New York, NY 10007

    Insurance Information

    Do you have insurance?

    Did you report your accident to your insurance

    company?

    Were you paid by your insurance company?

    Is payment pending?

    Deductible Amount:

    Insurance Company Zurich Insurance

    Name:

    Address:

    400 American Way

    Address 2: ower 2 Floor 5

    City:

    chaumberg

    State: LLINOIS

    Zip Code: 0196

    Policy #:

    CP9842297-01

    Phone #:

    Agent Name:

    City vehicle information

    es

    ( No Plate #:

    Yes

    ('No

    Yes C No

    City Driver Last

    (` Yes

    C No

    Name:

    City Driver First

    Name:

    Total Amount

    70,000,000.00

    Claimed:

    The T otal Amount Claimed can only be entered

    ormat: Do not

    once the following required fields are entered:

    nclude $ or , .

    Claimant Last Name

    Claimant First Name

    Claimant Email or Attorney Email

    Date of Incident

    Location of Incident

    Manner in which claim arose

    I certify that all information contained in this notice is true and co rrect to the best of my kn owledge a nd belief. I understand that the willful

    making of any false statement of material fact herein will subject me to criminal penalties and civil liabilities.