FILED: ONONDAGA COUNTY CLERK 01/08/2020 03:34 PM INDEX NO.

000305/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2020

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ONONDAGA su/nMoirs
X
TEKAHEROKEN HERNE, lndex No.:
Date Purchased:
Plaintiff(s),
Pl ai ntiff desrgrnafes On ondag a
-against- County as the place of trial

SYRACUSE UNIVERSITY and LeCHASE Easis of Venue: Accident situs

CONSTRUCTION SERVICES, LLC, pursuant to CPLR 503(a)

Defendant(s). Resrdence of Plaintiff:

X 178 Cook Road
Hogansburg, NY 13655
To the above named Defendant(s)

You are hereby summoned to answerthe complaint in this action and to serve a copy
of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance,
on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day
of service (or within 30 days after the service is complete if this summons is not personally delivered
to you within the State of New York); and in case of your failure to appear or answer, judgment will
be taken against you by default for the relief demanded in the complaint.

Dated: New York, New York

January 8,2020
, LLP

By: KE ESQ
r P I ai ntiff ( s)
Attorn ey ( s) fo
Office and Post Office Address
150 Broadway - 4th Floor
New York, New York 10038
(212) 964-5570

Defendant(s) Address(es)

SYRACUSE UNIVERSITY LeGHASE CONSTRUCTION SERVICES,

900 S. Crouse Avenue LLC
Syracuse, NY 13244 COGENCY GLOBAL INC.
122 east42nd Street
18th Floor
New York, NY 10168

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ONONDAGA
X
TEKAHEROKEN HERNE, VERIFIED COMPLAINT

Plaintiff(s),

-against- lndex No.:

SYRACUSE UNIVERSITY and LeCHASE

CONSTRUCTION SERVICES, LLC,

Defendant(s).

Plaintiff, complaining of the defendants, by his attorneys, SACKS & SACKS, LLP,
respectfully alleges as follows:

AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF

OF PLAINTIFF, TEKAHEROKEN HERNE

FIRST: That at all times herein mentioned, defendant, SYRAGUSE UNIVERSITY

is a private educational corporation duly organized and existing under and by virtue of the laws in

the State of New York.

SECOND: That at all times herein mentioned, defendant, LeGHASE

CONSTRUCTION SERVICES, LLC was and still is a domestic corporation duly organized and

existing under and by virtue of the laws in the State of New York.

THIRD: That at all times herein mentioned, defendant, SYRACUSE UNIVERSITY

was and still is the owner of the premises under construction for the National Veteran's Resource

at Syracuse University, located at Center located at 150 Crouse Drive, in the City of Syracuse

and State of New York.

FOURTH: That at all times herein mentioned, defendant, LeGHASE

CONSTRUCTION SERVICES, LLG was in the business of providing general contracting services

and was the general contractor at the aforesaid premises.

FIFTH: That at all times herein mentioned, defendant, LeCHASE

CONSTRUCTION SERVICES, LLC was in the business of providing construction management

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services and was the construction manager at the aforesaid premises.

SIXTH: That at all times herein mentioned, defendant, SYRACUSE UNIVERSITY

rEtAiNEd LeGHASE CONSTRUCTION SERVICES, LLC for LeCHASE CONSTRUCTION

SERVICES, LLC to act as general contractor and/or construction manager at the aforesaid

premises.

SEVENTH: That at all times herein mentioned, defendant, LeCHASE

CONSTRUCTION SERVICES, LLC entered into a subcontract with Smith Construction for Smith

Construction to perform work, labor and services at the aforesaid premises.

EIGHTH: That on the 12th day of December, 2019, while plaintiff, TEKAHEROKEN

HERNE was lawfully upon the aforesaid premises as an employee of the aforesaid Smith

Construction he was caused to sustain serious and severe injuries.

NINTH: The occurrence as aforesaid was caused solely and wholly by reason of

the negligence, carelessness and recklessness of the defendants, their contractors, agents and

employees who were negligent in the ownership, operation, management and control of the

aforesaid premises. While plaintitf was lawfully performing his duties, he was caused to slip, trip

and fall as a result of ramp ways and runways that were improperly constructed, improperly placed

and improperly maintained; further, said runways, ramp ways, walkways and work areas had dirt,

debris, sand piles, slipping and tripping hazards thereat causing dangerous and hazardous

conditions. Defendants, their contractors, agents and employees failed to ensure that work areas,

passageways and thoroughfares were free of slipping and tripping hazards; further, failed to

provide proper surfaces on ramps that are grip surfaces to prevent tripping or slipping on same;

further, failed to ensure that ramps were secured against slippage, movement, or collapse; further,

failed to ensure ramps were properly constructed, placed, operated and maintained;further, failed

to ensure that loose/spilled Terrazo sand particles and other slipping and tripping hazards would

be moved from ramps, runways, work areas and thoroughfares; further, failed to close-off
dangerous and hazardous conditions; further, violated Sections 200,240 and 241(6) of the Labor

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Law of the State of New York, Rule 23 of the lndustrial Code of the State of New York, specifically,

but not limited to: 23-1 .5, 23-1.5(a), 23-1.5(b), 23-1 .5(c), 23-1 .7 , 23-1.7(a), 23-1.7(b),23-1.7(c),

23-1.7(d), 23-1.7(e), 23-1.7(f), 23-1.7(g), 23-1.7(h), 23-1.8,23-1.8(a), 23-1.8(b), 23-1.8(c), 23-

1 .8(d), 23-1.11, 23-1.1 1(a), 23-1.11(b), 23-1.1 1(c), 23-1.22, 23-1.22(a), 23-1.22(b), 23-1.22(c),

23-1.23, 23-1.23(a), 23-1.23(b), 23-1.23(c), 23-1.30, 23-3, 23-3.1, 23-3.2, 23-3.3, 23-4, 23-4.1,

23-4.2, 23-4.3, 23-4.4, 23-4.5, 23-5, 23-5.1 , 23-5.1 (a), 23-5.1 (b), 23-5.1 (c), 23-5.1 (d), 23-5.1 (e),

23-5.1(f), 23-5.1(g), 23-5.1(h), 23-5.1(i), 23-5.10), 23-5.1(k), 23-6, 23-6.1,23-6.2,23-6.3,23-7,

23-7 .1, 23-7 .2, 23-7 .3, 23-8, 23-8.1, 23-8.2,23-8.3, 23-8.4,23-8.5, Article 1926 of O.S.H.A. and

was othenruise negligent careless and reckless, causing plaintiff to sustain serious and severe

injuries.

TENTH: Plaintiff was free from comparative fault.

ELEVENTH: As a result of the aforesaid occurrence plaintiff was rendered sick, sore,

lame and disabled, was confined to bed and home; was caused to expend large sums of money

for medical aid and attention and has been prevented from attending his usual occupation and/or

avocation for a long period of time.

TWELFTH: The monetary damages sustained by plaintiff exceed the jurisdictional

limitations of all lower courts which would otherwise have had jurisdiction.

WHEREFORE, the plaintiff demands relief against the defendants for conscious pain and

suffering, loss of enjoyment of life, medical expenses, past and future, lost wages and union

benefits, past and future, and all other recoverable items under New York State law.

SACKS & SACKS, LLP

Attorneys for Plaintiff(s)
Office & P.O. Address:
150 Broadway - 4th Floor
New York, New York 10038
(212) 964-5570

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ATTORNEY'S VERIFICATION BY AFFIRMATION

l, KENNETH SACKS, am an attorney duly admitted to practice in the courts of New York

State, and say that: I am the attorney of record, or of counsel with the attorney(s) of record, for

the plaintitf(s), I have read the annexed SUMMONS AND VERIFIED COMPLAINT know the

contents thereof and the same are true to my knowledge, except those matters therein which are

stated to be alleged on information and belief, and as to those matters I believe them to be true.

My belief, as to those matters therein not stated upon knowledge, is based upon the following:

facts, investigations and pertinent data contained in deponent's file.

The reason I make this affirmation instead of plaintiff is because plaintitf(s) reside in a

County other than where deponent maintains his office

Dated: New York, New York

January 8,2020

KENNETH ESQ.

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