Matter of 260 Madison Ave. HVAC Unit Collapse

Matter of 260 Madison Ave. HVAC Unit Collapse 2020 NY Slip Op 35741(U) April 27, 2020 Supreme Court, New York County Docket Number: Index No. 151809/2018 Judge: Lynn R. Kotler Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official publication.

FILED: NEW YORK COUNTY CLERK 04/27/2020 04:09 PM INDEX NO. 151809/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/27/2020

SUPREMl: COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 8 ----------------- --------------------- ------- ----- ------ --------------------------X IN RE : 260 MADISON AVENUE HVAC UNIT COLLAPSE DECISION/ORDER -------------- - --------------------------------- --------------------------------- -· --X This Decision/Order Relates To: Beck v. 260-261 Madison Ave. LLC et al. Ind. No. 152458/17 Mot Seq. No. 008 -and- Pyle v. 260-261 Madison Ave. LLC et al. Ind. No. 154601/18 Mot Seq. No. 005 -and- Continental v. Skylift et al. Ind. No. 154570/18 Mot Seq. No. 003 -and- Welch v. 260-261 Madison Ave. LLC. et al. lnd ..No. 162502/15 Mot Seq. No. 009 -and- 260-261 Mad. Ave LLC. v. Penguin Air Cond . Corp. et al. Ind. No. 157898/17 Mot Seq. No. 007 -and- .

State Farm v. Skylift et al Ind. No. 450469/18 Mot Seq. No. 002 -and- Pacific v. Penguin Air Cond . Corp. et al. Ind. No.151809/18 Mot. Seq. No. 003 Present: Hon. Lynn R. Kotler, J.S.C. - - ----------------------------------------------------------------x These coordinated actions arise from a crane accident which occurred on May 31, 2015 at 261 Madison Avenue , New York, New York, when an HVAC chiller unit fell while being hoisted by the crane to the 30th floor of the subject premises . Its alleged that one of the straps on a sling was used to secure the HVAC unit snapped while it was being hoisted which caused property damage and personal injuries.

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[* 1] 2 of 4 FILED: NEW YORK COUNTY CLERK 04/27/2020 04:09 PM INDEX NO. 151809/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/27/2020 compel Marine & In each of these motions, defendant/third-party plaintiff Skylift moves to Solutions and Industrial Supply Company, Inc. sometimes d/b/a Marine & Industrial Testing limited jurisdictional Marine Industrial Testing Solutions (collectively "Marine") to respond to Avenue Corp., cross- demands. In the Beck and Welch cases, defendant 260-261 Madison . Defendant/third-party ·moves for the same relief, limited jurisdictional discovery from Marine Welch and Pacific cases. defendant Marine ONLY oppose the motions in the Beck, Continental, disposition in this single The motions are hereby consolidated for the court's consideration and decision/order. premises on the The relevant facts are as follows . 260-261 Madison owned the subject time. Marine date of the accident and the crane was being operated by Skylift at that & Sling ("Pauls ") was the manufactured the sling which allegedly snapped and Paul's Wrre Rope retailer who sold the sling.

260-261 In a decision dated September 26, 2018, this court held that Skylift and may exist" to justify the Madiso n that they have made a "sufficient start" to showing that "facts i.e. Doe v. McCormack, exercise of jurisdiction pursuant to CPLR § 302 (CPLR § 3211 [d]; see s to dismiss for lack 100 AD3d 684 [2d Dept 2012]). Therefore, the court denied Marine 's motion of limited discovery on of personal jurisdiction without prejudice to renew upon the completion the issue of personal jurisdiction. uction, LLC On or about Octobe r 31 , 2018, Skylift, 260-261 Madison and ASSR Constr in the Jones, Welch, served Marine with identical Joint Notices for Discovery and Inspection agreed that the Joint Beck and Sentinel actions . Later, the attorneys in all coordinated actions Jones action deemed to D&I was deemed to have been served and Marine's responses in the has either not responded have been made in all actions . Skylift and 260-261 argue that Marine responses and that this to the requested discovery requests and/or cured the deficiencies in its Marine disagree~ and failure is delaying the noticing of a jurisdictional deposition of Marine . , and has provided an argues that it "has provided all responsive discovery in its possession Page 2 of 3

[* 2] 3 of 4 FILED: NEW YORK COUNTY CLERK 04/27/2020 04:09 PM INDEX NO. 151809/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/27/2020 affidavit from Marine's President Thomas Benton, confirming that all discovery has been provided".

The court disagrees. Marine's responses to the Joint Discovery and Inspection Notice are wholly deficient. Moreover, the Jackson affidavit provided by Marine's President Thomas Benton is a bare bones conclusory affidavit. Benton states that Marine does not have any contracts with dealers of Marine products in New York, does not have any agreements in New York pertaining to the sale etc. and is not in possession of any communications between Marine and Paul's regarding the sling at issue. This affidavit is a poor attempt by Marine to comply with discovery and woefully fails to outline in detail what when and where etc. was searched to locate responsive documents to the discovery requests.

Based on the foregoing , Marine shall supplement and/or respond to the following discovery: a) paragraph 13, paragraphs d53 through 76, 100 and 101 of the joint demand dated February 22, 2018; and Marine to respond to Skylift's D & I paragraphs 10, 18 and 32 on or before June 30, 2020 and Marine shall produce its president Thomas Benton for a deposition on or before July 31 , 2020.

In accordance herewith, it is hereby ORDERED that the motions and cross-motions to strike/compel are granted to the extent that Marine shall supplement and/or respond to the following discovery: a) paragraph 13, paragraphs d53 through 76 , 100 and 101 of the joint demand dated February 22, 2018; and Marine to respond to Skylift's D & I paragraphs 10, 18 and 32 on or before June 30 , 2020 and Marine shall produce its president Thomas Benton for a deposition on or before July 31 , 2020.

Any requested relief not expressly addressed herein has nonetheless been considered and is hereby expressly rejected and this constitutes the decision and order of the court.

Dated: New York, New York April 27, 2020

Hon. Lynn R. Kotler, J.S.C. Page 3 of 3

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