bankers standard insurance company v. peter reginato complaint

7/29/2019 BANKERS STANDARD INSURANCE COMPANY v. PETER REGINATO Complaint

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D ; NEW YORK CO UNTY C LER K 1 2 / 1 7 / 2 0 1 2 1 INDEX NO. 158923/RECEIVED NYSCEF: 12/17/

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK XBANKERS STANDARD INSURANCE COMPANY,

Plaintiff,- against -

PETER REGINATO and CYNTHIA BASINET,Defendants.

Index N o.:Date of Filing:SUMMONSBasis of venue is:Defendant's ResidencePlaintiffs Address:436 Walnut StreetPhiladelphia, PA 19106

-XTo the above named Defendant(s):

YOU AR E H ER EB Y SUM MO NED to answer the complaint in this action and to serve acopy of your answer, or, if the complaint is not served with this summons, to serve a notice ofappearance, on the Plaintiff s Attorney(s) within 20 days after the service of this sum mons, exclusiveof the day of service (or withing 30 days after the services is completed if this summons is notpersonally delivered to you within the State of New York); and in case of your failure to appear oranswer, judgement will be taken against you by default for the relief demanded in the complaint.Dated: New York, New YorkDecember 17, 2012 BRUCE SOMERSTEIN & ASSOCIATES, P.C.Attorney;

Defendants' Addresses:Peter Reginato60 Greene Street, Unit No.: 5New York, New York 10012

B y: _Christopher A. W ong, h.g'q.Seven Penn Plaza --Suite 420New York, New YjA 10001(212)268-1188File No.: 12133'Cynthia Basinet60 Greene Street, Unit No.: 5New York, New York 10012-or-c/o Ash Pezzola2 Penn Plaza, Ste. 1500New York, New York 10001


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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK Index No.:XBANKERS STANDARD INSURANCE COMPANY, COMPLAINT


PETER REGINATO and CYNTHIA BASINET,Defendants. X

Plaintiff, by its attorneys, BRUCE SOMERSTEIN & ASSOCIATES, P.C., complaining ofthe defendants, upon information and belief, states:

1. Plaintiff is and at all the times hereinafter mentioned, was a corporation dulyauthorized to engage in the business of insurance in the State of New York, and having a place ofbusiness at 436 Walnut Street, New York, New York.

2. Defendant Peter Reginato is and at all times hereinafter mentioned was a naturalperson, domiciled in the State of New York, and having an address at 60 Greene Street, Unit No.:5, New York, New York 10012.

3. Defendant Cynthia Basinet is and at all times hereinafter mentioned was a naturalperson, domiciled in the State of New York, and having an address at either 60Greene Street, UnitNo.: 5, New York, New York 10012, or at 2 Perm Plaza, Ste. 1500, New York, New York 10001.

4. Prior to January 11,2012, and at all times hereinafter m entioned, Michael Birkin andKatrina Birkin owned and occupied the premises located at 60 Greene Street,Unit No.: 4, New York,New York.

5. Prior to about January 11, 2012, plaintiff issued a policy of insurance to MichaelBirkin and Katrina Birkin, which insured the premises and the contents therein located at 60 GreeneStreet, Unit No.: 4, New York, New York, from various costs and expenses incurred arising fromvarious designated perils, including water.

AS AND FOR A FIRST CAUSE OF ACTION6. On or about January 11,2012, defendant Peter Reginato occupied and controlled Unit


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No.: 5 located at 60 Greene Street, Ne w York, New Y ork.7. On or about January 11,2012, defendant C ynthia Basinet was a guest and/or invitee

occupying and/or using Unit No .: 5 located at 60 Greene Street, New York, New York with thepermission and consent of defendant Peter Reginato.

8. Upon information and belief, on or about January 1 1,2 01 2, water overflowed froma bathroom located within Unit No.: 5 and caused water to run down into Unit No.: 4 located below.

9. By reason thereof,water flowed into and caused extensive dam age to the property andpremises of M ichael Birkin and K atrina B irkin.

10. Said dam ages were caused wholly and solely by reason of the carelessness, neg ligenceand culpability of the defendants Peter Reginato and Cynthia Basinet, in the occupation, operation,and control of Unit No.: 5; in causing damage to the premises and property of M ichael Birkin andKatrina Birkin; in allowing water to flow into Unit No.: 4, which was ow ned by M ichael Birkin andKatrina Birkin; in over filling th e bathtub within the bathroom within Un it No. 5; in failing to usedue care and caution under the circumstances and in otherwise being negligent, careless andculpable.

11 . By reason of the foregoing, property and premises of Michael Birkin and KatrinaBirkin sustained damages in the amoun t of $32,234.03.

12. Plaintiff insured Michael Birkin and Katrina Birkin against said damage andindemnified them therefore, and became subrogated to their rights against the defendants.

13. By reason of the foregoing, plaintiff h as been dam aged in the amount of $32,234.03.AS AND FOR A SECOND CAUSE OF ACTION

14. Upon information and belief, the defendants were in exclusive control of thebathroom located in Unit No.: 5 located at 60 Greene Street, New Yo rk, New York at the time of theoccurrence on or about January 11,2012.

15. Said damag es were caused who lly and solely by reason of he defendants carelessness,negligen ce and culpab ility in the causing the release of the water. Therefore, plaintiff relies on thedoctrine of res ipsa loquitar.


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16. By reason of the foregoing, plaintiff has been dam aged in the am ount of $32,234.03.AS AND FOR A THIRD CAUSE OF ACTION

17. Escaping wa ters improperly and unlawfully entered the premises owned and occupiedby Michael Birkin and Katrina Birkin without their permission and consent.

18. Such action constituted a trespass and interference with the proprietary rights ofMichael Birkin and Katrina Birkin.

19. By reason the foregoing trespass, plaintiff has been damaged in the amount of$32,234.03.

WHEREFORE, plaintiff demands judgment against the defendants in the amount of$32,234.03 with interest thereon from January 11, 2012 and the costs and disbursements of thisaction.Dated: New York, New YorkDecember 17, 2012 Yours, etc.,BRUCE^0MERSTEIN & ASSOCIATES, P.C.

Christopher A. WongJSsq.Attorneys for PlaintifSeven Perm Plaza -/Suite 420370 Seventh AvenueNew York, New^York 10001(212)268-1188File No.: 12133


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Index No.SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORKBANKERS STANDARD INSURANCE COMPANY,


PETER REGINATO and CYNTHIA BASINET,Defendant(s).

SUMMONS and COMPLAINTAction not basedupon a C onsumer C redit Transaction

BRUCE SOMERSTEIN & ASSOCIATES, P.C.Attorneys for PlaintiffSeven Penn Plaza - Suite 420New York, New York 10001(212)268-1188

bankers standard insurance company v. peter reginato complaint

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