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16556400v.1
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-
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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.pdf7/25/2019 Lawsuit Against the City
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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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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
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
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.
7/25/2019 Lawsuit Against the City
29/30
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:
7/25/2019 Lawsuit Against the City
30/30
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.
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