10000005825

Michael Arce, Esq.
The Arce Law Office, PLLC

Attorney for Shawn R. Umpierre
3144 East Tremont Avenue
Bronx, New York 10461
(347) 851-5048;
Michael Arce, Esq. (MA1187)
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------"--){
Inre
2
Chapter 11
LEHRCONSTRUCTION CORP., Index No. 11-1 0723-shl
Debtor.
------------------------------------------------------------------){
MOTION TO MODIFY THE AUTOMATIC STAY
TO THE HON. SEAN H. LANE,
UNITED STATES BANKRUPTCY JUDGE:
Shawn R. Umpierre, by his attorney, Michael Arce, Esq. for his Motion to Modify the
Automatic Stay respectfully represents, upon information and belief:
INTRODUCTION
1. On or about February 21, 2011, the Debtor, Lehr Construction Corp., filed a petition
for relief under Chapter 11 of the United States Bankruptcy Code. E){HIBIT "A".
2. The Debtor continues to operate its business and manage its property.
3. US Trustee has been appointed as Trustee in the matter.
4. An Official Committee of Unsecured Creditors has not been appointed.
5. This Comi has jurisdiction over these bankruptcy cases and this motion pursuant to 28
1
U.S.C. 157 and 1334(b). Venue is proper in this district pursuant to 28 U.S.C. 1408 and
1409(a).
6. The authority for the relief sought by this motion is Bankruptcy Code Section
362(d)(l) and Fedenil Rule of Bankruptcy Procedure 400!(d)(l).
7. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2).
THE STATE ACTION
8. On or about August 23, 20 I 0, the Movant commenced an action in the Supreme Court
of the State of New York, County of New York, Shawn R. Umpierre v. Lehr Construction Corn.,
CBS Broadcasting. Inc., and Hartz Mountain Industries. Inc., MTV Networks. Viacom
International. Inc. and Meadowland Parkway Associates d/b/a MP West Limited Partnership.,
Index No. II 0326-201 O,(hereinafter referred to as the "Action"). Annexed hereto as EXHIBIT
"B", is a copy of the Summons and Complaint and of the Defendant Lehr Construction
Corporation's Answer.
9. The Action was commenced to obtain damages for injuries sustained by the Movant,
who was caused to fall on December 28,2009, at approximately 11:30 a.m. within the building
located at 425 Meadowlands Parkway, Secaucus, New Jersey 07094, Shawn R. Umpierre was
caused to be injured when an A-frame ladder and its contents fell on top of him and caused him
serious injury to his right knee. Annexed hereto as EXHIBIT "C", is a copy of the Plaintiffs
Bill of Particulars and of the Defendant Lehr Construction Corporation's Discovery Response,
demonstrating its insurance policy limits.
10. Subsequent to the commencement ofthe Action, the Movant was informed that the
Debtor, Lehr Construction Corp., had filed for Chapter 11. EXHIBIT "D".
2
II. The Debtor's commencement of its Chapter II filing triggered the automatic stay, and
thereby, stayed the Action, commenced in Supreme Court, New York County.
THE RELIEF REQUESTED
12. The Movant seeks to modifY the automatic stay, so that he may continue to prosecute
the Action, commenced in Supreme Court, New York County, obtain ajudgment, and enforce
the judgment solely against the Debtor's insurance policy or policies.
13. The Movant will not enforce any judgment against property of the Estate. Moreover,
the enforcement of any judgment obtained by the Movant, will be limited to the proceeds of any
applicable insurance policy or policies.
WHEREFORE, the Movant respectfully requests that this Court grant an Order
modifying the automatic stay in order to permit the Movant, Shawn R. Umpierre, to continue to
prosecute a certain Civil Action known as, Shawn R. Umpierre v. Lehr Construction Corp .. CBS
Broadcasting. Inc., and Hartz Mountain Industries. Inc., MTV Networks. Viacom International.
Inc. and Meadowland Parkway Associates d/b/a MP West Limited Partnership., Index No.
110326-2010, in the Supreme Court of the State ofNew York, County ofNew York; to permit
the Movant to enforce a judgment against the proceeds of the Debtor's insurance policy or
policies; and such other and further relief as this Court may deem just and equitable.
Dated: Bronx, New York
March 17, 2011
3
4
3144 East Tremont A venue
(347) 851-5048
UNIT0 STATES BANKRUPTCY COURr
(Form of Organization)
(Check onco box.)
0 Individual (includes Joint Debtors)
St!l! E.tiJihit Dun page J (if .fonu.
I!!) Corpomtion (includes LtC and tLP)
0 Panncrship
0 Oth ... -r(lf debtor is not one of the above entities.
check this box and:.1utc lypc of entity bduw.)
1iZ1 Full Filing Fcc .auachcd.
{Check one b(.)x.)
0 lkalth Care Business
0 Asset Rcnl Estate as de lined in
II U.S.C.! IOI(SIB)
0 Railroad
0 Stockbroker
0 Commodity Broker
0 Clearing Biank
PI Other
Interior Construction
Tax-Exempt Entity
(Check box, ifapplicuhlc.)
0 is a orgnni.-.atitm
tmdcr 16 of the United
Code (the Internal Rc\cnuc Code).
0 Chaptcr7
0 Chaptcr9
Iii Chapter II
0 Chapter 12
0 Chapter 13
VOLUNTARY PETITION
0 Chapter 15 Petition for
Recognition of ;1 Foreign
Main Proceeding
0 Chapt ... -r IS Pelition for
of a Forei1,.tt1
Nonmain Prm:ecding
Nature of Ocbts
(Check one box.)
0 Debts arc primarily consumer
debts. defined in II U.S.C.
0 are primnrity
debts.
101(8) as 'incurred by an
individual primarily for a
family. or house-
Check box:
0 Debtor il' a !'ntall business debtor us defined in ll U.S.C. 101(510).
1!1 Debtor is not a small business. debtor as defined in II U.S.C. 101(510).
0 Filing F ... -c to be paid in {applicable to indhiduals onl}'). Must auach
!iigncd application for the court's consideration certifying that the debtor ic;
unnblc to pay fcc except in insUJUmcnt-.. Rule IOOfl(b). Sec Official Fonn 3A.
Check if:
0 Debtor's noncomingcnt liquidated debts (excluding debts owed to
insiders ur affilimcs) arc less than $2,343.300 (ummmt suhjt.ct to ad.fu.ftmf!Tlf
rm 4111111 _l and c1cr)' three tht!IW!flcr}. 0 filing Fcc waiver requested {applicable to chnptcr 7 individuals only). Must
attach signed application tbr court's Sec Onicinl Form JB.
Check all npplicablc boxes:
0 A plnn is being filed with this petition.
0 ofthcplan
Ocbtur cstimntcs that funds will be availnbte for distribution to unsecured creditors.
Debtor is and CXjlCI!scs paid, thcrl! \\'ill be no funds avnilnblc fur
0 0 0 0 0 0
1,000- 5,001- 10.001- 25.001- 50,001- Over
5,000 10,000 25,000 50.000 100,000 100,000
0 0 0 0 0 0 0 0
SO to SSO,OOI to $100,00110 SSOO,OOI 1,0UU.OOI SIO,OOO.OOI SSII.OOO,O{) I S 100,000.00 I SSOO,OOO,OOI Mureth;m
sso.ooo $100,000 $500,000 to$1 to$10 to SSO to$10() to $500 to$1 billitln $1 billion
0 0 0 0 0 0 0 0 0 0
SO to SSO,OOI to $100,001 to SSOO.OOI $1,000.001 SIO,OOO.OO! SSil,OOO,OOI SIOO.OOO.OOI S500,000.001 Morctlum
$50,000 SIOO.OOO ssoo.ooo toSI to $10 to$50 toSIOO to 5500 toSI billion Sl billion
one or more daSSl..'S
THISSPAC[ISFOR
COURTUSEONL\'
8 I (Official Foml I) (4/10) Pal!c2
Voluntary Petition
Name ofDcbtor(s):
ffhis must be camlieted cmcl!ilecl in eve,, Lehr Construction Corp.
All1
1
rior Bankroptc\' Cuscs Filed WUhln LustS Years (ffmoi-c tl1an two. aunl!ft additiumd sheet.}
Locmion
Cnsc Date Filed:
Where Filed: None
Location Case Number: Date Filed:
Where Filed:
Bankruptcy Cosc Filed bv anv S11ouse, Purl ncr, or Affiliate of this Debtor (lfmon: than one, ultach addilionalshc.:ct.)
Nn.mcofDebtor:
None
CllScNumbcr: Oatc:Fih..'tl:
District: Rdationship: Judge:
Exhibit A Exhlbfl n
(To be t:omplctcd if debtor is an indi\'idunl
(To be if debtor is required to file periodic reports (e.g., IOK mul HIQ) whose dchls are prinmrily cumrumer dcbls.}
with the Securities nnd Exchange Commission pursumtt to St-ctiun 13 or 15(dl of the
S!!!!uritics Exchange Act of 1934 and is requesting rclicfumkr clmptcr II.) I. chc attorney fur the petitioner named in the foregoing. petition, declare that I
ha\'C inf('lnncd lhe pctitioncrthat (lu:: ur t=lle) may proa:cd under chapter 7, II. 12.
or I) oftitk II. United States Code. and h:tvc explained the relief available under
eac:b suth chaptt.or. I furtht.or certify llmt I have dcli\crcd to tl1c debtor the notice
tt."quired hy II U.S.C. 342(bl.
0
Exhibit A is aUuchcd and made a ,,an of this petition. X
Si!."lntun: uf Attumcv for Dcbtur(s) (Date)
c
Docs the debtor own orhu\'C possession of any property thai roses or is alleged tn posen threat of immi11cllt :md idcntifinblc hnnn to public health or safcty'r
0
Yes, and Eli.hibit C is auachcd and made a pnrt oftltis petition.
Ill
No.
1-:,;:hibit 0
(To be compleled by every individual debtor. If tt joim petition is lik'd. each spnusc must cnmplt!lc :end :mnch a sqmmtc Exhibit 0.1
0
Exhibit D completed and signed by the debtor is aU:d1ed :md made :1 pan of this petition.
If this isajointpetirion:
0
Eshibit 0 also completed nnd si3ncd by the joim dchtor :machcd and m:nlc a part of this petition.
Information the Debtor- Venue

{Check ;my applicable box.l
Debtor has been domicik'll or has had a n:sidcm:c, principal of busin ... ooss. nr principal in this District for 1 KO days immediately
preceding the date ol'this JM:Iition or for a l1mgcr J'lilrt of such I RO days th:m in nny 01her District.
0
ntcre is a bankrttJllcy case. conccrni1\g dd11or's alliliatc. partner. or partnership pending in this District.
0
Debtor is a debtor in u foreign proceeding and ha.-. its principal place ofhusincss (lr principul assets in the United States in this District or has
no principal plat-e uf busim:ss or a$Sets in the United Slates hut is a defendant in an action or proceeding [in a federal or sl:llc coicrtl in this
District, or the intcrt-sl-. oft he patties will be scn:cd in regard tu the relief sought in this District.
by n Debtor Who Resides us u Tenant of Rcs-idcntiul
(Check nil applicublc boscs.)
0
Landlord has a_iullgmcnl against the dchwr lhrpnsscssinn ofdd:nor's res.idcnce. {lfhnx checked. complete the lbllowing.)
(Name oflilnlllurd that obtaincdjudt!ment)
(Add res." ofl;mdlord)
0
Debtor claims that urula applicable nonh:mkruptcy law, there arc circumstmlces IU\I.ler whid1thc dcblor would ht! rcrrnincd lo cure the
cmirc monetary dc(auh that ga,c rise to the judgment for after the judgment for possession was entered. nnd
D
Debtor has inc!udetl with petition the dcpo.\it with IlK court t\f;my rent tlmt \\'{lllltllu:cnmc due tluriug the ]0-day period nflcrthc filing
of1hc petition.
0
Debtorccnilies that hcfshc lms. scncd the Landlord with this ccrtilication. (II U.S.C. }(12{1}}.
I declare under penal! of perjury that tlie infOrmation provided in chis Petition is true
endcomd.
(If petitioner is an imfrvidual whose dcbiS are primarily consumer dcbiS and has
chosen to file underchapter7) I am aware that I may proceed undercbapter 7, 11,12
or 1J. of tiiJc 11, United States Code; undcmand the R:licf available Under each such
clteptcr, and choose to proceed tmder chapter 7.
[lfao attom:y represents: me and no bankruptcy prcparer signs the petition) I
have obtained and read the n.o"ticc requirtd by I 1 U.S.C. 342{b).
I request relief in accordance with the chapter of title I l, United States Code,
specified in 1his petition.
X
X
X
Signature of Debtor
Signature of Joint Debtor
11141urer.me oURe Americas
N"''' Yen<, Nw. 1 eoas
!l!'l'!a79-6000
TelcphoneNumber
Date
tn a c:asc ln which 707(b}(4}(D) applies, this signature also constitutes a
certification that the attorney has no knowledge after an inquiry that the information
in dtc schedules is incorrect
Corp.
I dcdm under penalty of pcljwy that 'the infOrmation provided in this petition is
true end correct. that 1 am the foreign represcmative of a debtor in a foR:ign
protccding. 8!1d that I am authorized to me Ibis petition.
(Check only one box.)
0 I request relief in accordance with ch&Jilcr ts of title t I, United States Code.
Ccrtiftcd copies of the documents requited by It U.S.C. lSISarc-attaehed.
0 Pursuant to 11 U.S.C. 1511,1 requcstrdiefinaccordanccwithlhe
c:bapter of title II specified in this petition. A certified Copy ofdtc
order granting rccognitian oflhc foreign main proceeding is auachcd.
X
{SignatureofForeign Representative)
(Printed Name ofForcign Representative)
Date
I declare under penalty of perjury that (I) I am a bankruptcy petition ptepUet as
defm:cd in II U.S. C. I 10; (2) I preprrid_lhis doauncnt for compensation and have
provided the debtor with a copy of this doclllllCp;t and dtc notices and ittformation
roqui..U under II U.S. C. IIO(b). IIO(b), and 342(b); end, (3) if rules or
guidelines have been promulgated pursuant to It U.S.C. t10(h) seuing_ a
maximum fee for sesvices chargeable by bankruptcy petition prepams, I have given
the dcbtornotiec of the maximum amount before preparing any document for filing
for o debtor or aocepting any fee: from the dcbror. as requifcd in that section.
Official Fonn l9 is ottacbcd.
Printed Name and title, if any, afBankruptcy Petition Prepam-
Social-Security number (If the bankruptcy petition prcpm:r is not an
individual, state the Soc;iai-Security number of the officer, principal,
responsible person or partner of the bankruptcy petition pmparer.) (Required
by II U.S.C. 110.)
1 declare under penalty of perjury lhat the inf"onnalion provided in pelition true I
end torrcct, and that I have authorized to file this petition on behalf of lhe X
Addss
debtor. '
. DlltC ::! . :J..{ , /1
Date
of bankruptcy petition preparer or officer, principal. responsible person,
or partner whose Social-Security number is provided above.
Names and Social-Security numbern of all other individwils who prepared or
assisted in pn:paring this document unless the bankruptcy petitiOn peparer is not an
individual.
If more than one prepared this document, ai:taeh additional sheets
conforming to the nppropriare official form for each person.
SUPREME COURT OF THE ,.,r YORK Index No.: \\ I()
COUNTY OF NEW YORK Plaintiff Designates
----------------------------------------------------------------------)(
New York County as the place of
SHAWN R. UMPIERRE,
trial. ,.
r:
'
Plaintiff,
-against-
'
LEHR CONSTRUCTION CORP., CBS
BROADCASTING, INC., and HARTZ MOUNTAIN
INDUSTRIES, INC.,
SUMMONS
D fi d LEH
.,,,," . "" , " p ... , ...
e en ant n..\!-l..J

office is Ioicated at 902 Broadway
New New York 10010
Defendants.
__________________ _: __________________________________________________ )(
L
FILED: August 4, 2010
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or if the compliant is not served with the summons, to serve a notice of
appearance, on the Plaintiff's Attorneys within 20 days after the service of Llris 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: !:Bronx, New York
August 3, 2010
,._.._.
I.
'1
. CL!!Rf<'s OFFICE
AU6 -4 2010
r
f; WITH COPy Fll.E
Defendant. Addresses:
LEHR CONSTRUCTION CORP.
902 Broadway
New York, New York 10010
HARTZ MOUNTAIN INDUSTRIES, INC.
400 Plaza Drive, 4'h Floor
Secaucus, New Jersey 07094
MICHAEL ARCE, ESQ.
Attorneys for Plaintiff
(347) 851-5048
CBS BROADCASTING, INC.
C/0 A. HARRINGTON
51 W Street
C/0 CORPORATION SERVICE COMPANY
80 State Street
Albany, New York 12207
PLEASE FORWARD THIS DOCUMENT TO YOUR INSURANCE COMPANY
SUPREME COURT OF THE.y1' . !'NEW YORK
COUNTY OF NEW YORK A-,.,.-
------------------------------------------------------------------------JC
SHAWN R. UMPIERRE,
Plaintiff,
-against-
INDUSTRIES, INC.,
Defendants.
)(
VERIFIED COMPLAINT
INDEXNO;:
Plaintiff, SHAWN R. UMPIERRE, by his attorneys, THE ARCE LAW OFFICE,
PLLC., complaining of the Defendants respectfully states and alleges as follows:
1. At all times herein mentioned, Plaintiff, SHAWN R. UMPIERRE, was and still is a
resident of the County of Bergen and State ofNew Jersey.
2. Upon information and belief and at all times hereinafter mentioned, Defendant, LEHR
CONSTRUCTION CORP., was and still is a New York-based Domestic Business Corporation.
3. Upon information and belief, and at all times hereinafter mentioned, Defendant, CBS
BROADCASTING, INC., was and still is a New York-based Domestic Business Corporation.
4. Upon information and belief and at all times hereinafter mentioned, Defendant,
HARTZ MOUNTAIN INDUSTRIES, INC., was and still is a New York-based Domestic
Business Corporation.
5. Upon information and belief, and at all times hereinafter mentioned, on or about
December 28, 2009, Plaintiff, SHAWN R. UMPIERRE, was employed by AAA Rivco
Construction, Corp.
December 28, 2009, there existed a contract between Defendant, LEHR CONSTRUCTION
CORP., and Defendant, CBS BROADCASTING, INC., for the execution of certain
construction, renovation, and/or repairs within the building located at 425 Meadowlands
Parkway, Secaucus, New Jersey 07094.
CORP., and Defendant, HARTZ MOUNTAIN INDUSTRIES, INC., for the execution of
certain construction, renovation, and/or repairs within the building located at 425
Meadowlands Parkway, Secaucus, New Jersey 07094.
CORP., and PlaintiffSHA WN R. UMPIERRE's employer, AAA Rivco Construction, Corp.,
for the execution of ce1iain construction, renovation, and/or repairs within the building located
at 425 Meadowlands Parkway, Secaucus, New Jersey 07094.
December 28, 2009, there existed a contract between Defendant, CBS BROADCASTING,
INC., and PlaintiffSHA WN R. UMPIERRE's employer, AAA Rivco Construction, Corp.,
for the execution of certain construction, renovation, and/or repairs within the building located
I 7. Upon information and belief, and at all times hereinafter mentioned, on or about
December 28,2009, there existed a contract between Defendant, HARTZ MOUNTAIN
INDUSTRIES, INC., and Plaintiff SHAVv'N R. UMPIERRE's employer, AAA Rivco
3
ATTORNEY'S VERIFICATION
BY AFFIRMATION
I, the undersigned, am an attorney admitted to practice in the Courts of the State
of New York, and say:
1. That I am the attorney of record for the defendant, LEHR
CONSTRUCITON CORP.;
2. That I have read the annexed VERIFIED ANSWER and know the
contents thereof and the same are stated to be alleged on information and belief, and as to those
matters I believe them to be tme. My belief, as to those matters therein not stated upon
knowledge, is based upon the following: Investigation and Reports; and
3. The reason I make this Affirmation instead of defendant is that defendant
is a corporation and no officer of defendant corporation is within the County wherein affirmant
maintains her office.
DATED:
I affirm that the foregoing statements are tme under the penalties of perjury.
New York, New York
October 28, 20 I 0
Michael Arce, Esq.
The Arce Law Office, PLLC
(347) 851-5048;
Michael Arce, Esq. (MA1187)
---------------------------------------------------------------C--)(
Inre
2 1
Chapter 11
LEHR CONSTRUCTION CORP., Index No. 11-10723-shl
Debtor.
------------------------------------------------------------------)(
MOTION TO MODIFY THE AUTOMATIC STAY
TO THE HON. SEAN H. LANE,
UNITED STATES BANKRUPTCY JUDGE:
Shawn R. Umpierre, by his attorney, Michael Arce, Esq. for his Motion to ModifY the
Automatic Stay respectfully represents, upon information and belief:
INTRODUCTION
I. On or about February 21,2011, the Debtor, Lehr Construction Corp., filed a petition
for relief under Chapter 11 of the United States Bankruptcy Code. EJ<HIBIT "A".
2. The Debtor continues to operate its business and manage its property.
3. US Trustee has been appointed as Trustee in the matter.
4. An Official Committee of Unsecured Creditors has not been appointed.
5. This Court has jurisdiction over these bankruptcy cases and this motion pursuant to 28
I
U.S.C. 157 and 1334(b). Venue is proper in this district pursuant to 28 U.S.C. 1408 and
1409(a).
6. The authority for the relief sought by this motion is Bankruptcy Code Section
362(d)(l) and Fedeni1 Rule of Bankruptcy Procedure 4001(d)(l).
7. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2).
THE STATE ACTION
8. On or about August 23,2010, the Movant commenced an action in the Supreme Court
of the State of New York, County ofNew York, Shawn R. Umpierre v. Lehr Construction Com.,
CBS Broadcasting, Inc .. and Hartz Mountain Industries. Inc., MTV Networks, Viacom
International, Inc. and Meadowland Parkway Associates d/b/a MP West Limited Partnership.,
Index No. 110326-2010,(hereinafter referred to as the "Action"). Armexed hereto as EXHIBIT
"B", is a copy of the Summons and Complaint and of the Defendant Lehr Construction
Corporation's Answer.
9. The Action was commenced to obtain damages for injuries sustained by the Movant,
who was caused to fall on December 28,2009, at approximately 11:30 a.m. within the building
located at 425 Meadowlands Parkway, Secaucus, New Jersey 07094, Shawn R. Umpierre was
caused to be injured when an A-frame ladder and its contents fell on top of him and caused him
serious injury to his right knee. Annexed hereto as EXHIBIT "C", is a copy of the Plaintiffs
Bill of Particulars and of the Defendant Lehr Construction Corporation's Discovery Response,
demonstrating its insurance policy limits.
10. Subsequent to the commencement of the Action, the Movant was informed that the
Debtor, Lehr Construction Corp., had filed for Chapter 11. EXHIBIT "D".
2
11. The Debtor's commencement of its Chapter 11 filing triggered the automatic stay, and
thereby, stayed the Action, commenced in Supreme Court, New York County.
THE RELIEF REQUESTED
12. The Movant seeks to modifY the automatic stay, so that he may continue to prosecute
the Action, commenced in Supreme Court, New York County, obtain ajudgment, and enforce
the judgment solely against the Debtor's insurance policy or policies.
13. The Movant will not enforce any judgment against property of the Estate. Moreover,
the enforcement of any judgment obtained by the Movant, will be limited to the proceeds of any
applicable insurance policy or policies.
WHEREFORE, the Movant respectfully requests that this Court grant an Order
modifYing the automatic stay in order to permit the Movant, Shawn R. Umpierre, to continue to
prosecute a certain Civil Action known as, Shawn R. Umpierre v. Lehr Construction Com .. CBS
Broadcasting. Inc .. and Hartz Mountain Industries. Inc., MTV Networks. Viacom International.
Inc. and Meadowland Parkway Associates d/b/a MP West Limited Partnership., Index No.
110326-2010, in the Supreme Court of the State ofNew York, County ofNew York; to permit
the Movant to enforce a judgment against the proceeds of the Debtor's insurance policy or
policies; and such other and further relief as this Court may deem just and equitable.
March 17, 2011
3
4
(347) 851-5048
81 (Offi ial Fom1 I) (4110)
'
UNITED STATf.:s 8MO:KRUPTC\' COURl
Southern District of New York
VOLUNTARY PETITION
Name of Debtor (ifindividual, (:ntcr lnst, Fir.ot, Middle}:
Lehr Construction Coip.
of Joint Dcbtor(Spousc}llast, Firs!. Middle):
All Nanws used by the Debtor in the lnst 8 years All Otl\l!r used-by tltc Joint Debtor in the lnst tt years
(include married. omidcn,and trade names): (include married. mnidcn. nnd tmdc names):
N/A
Lost four digits of Soc. Sec. or lndividuai-Tnxpaycr LO. (ITIN)!Complctc EIN last four digits of Soc. or Individual-Taxpayer 1.0. (ITIN)IComplctc EIN
(if more thun one, state all}:
13-2993507
(if more than one, nil):
Street Address of Debtor (No. and Street. City. and Stttte): Street of Joint Debtor (No. and Stn..-ct. City. and State}:
902 Broadway
New York, New York
!ZIP CODE 10010 !ZIP CODE j
County of Residence or of the Principal Place' t1fBusinc...s:
New York
Ctltully or oftltl! Principal Piatt ofBusioc.'-">:
Mailing. AddtcSS of Debtor (if different from street nddrcJ<ts): Mailing Address of Joint Debtor (if different street address):
giPCODE
J
!ZIP CODE _I
l.ocation Assets ofBusinc.o;s Debtor (if different from stn.-ct addrcs.o; abavl!}:
!ZIP CODE
I
Type of Debtor Nalttrc of Business Chapter of Bankruplcy Code Under Which
(Fom1 of Organization} {Check one box.) the Petition is Filed (Check one box.}
(Check one box.)
0
llealth Business
0
Chaptcr7
0
Chapter 15 Petition for
0
lndividool (includes Joint Debtors:) 0
Single As.-.ct Real Estottc ots dctincd in
0
Chnptcr9 RL'CO!!llition of a Foreign
Sl!'' E:clrihit D 011 page .! tr/ this form. II U.S.C. 101(516) (;11 Chapter II Main Proceeding
0
Corporation (includes LLC and LLPI 0
Railroad
0
Chapter 12
0
Chapter IS Petition for
0
Partnership 0
Stockbroker
0
Chapter 13 of a Forei1,rn
0
Other(lf debtor is not one orthc above entitle.-.. 0
Commodity Broker Nonmnin Proceeding
check this bo:t nnd state type of ""lltity bcl,,w,) 0
Clcnring Balik
E1 Other
Nature of Debts
nterior Construction (Check one
Tax-Exempt Entity
(Oicck box, ifapplicuhlc.)
0
Debts arc primarily consumer
0
Ol!bts aro primarily
debts. defined in I I U.S.C. busincs."> debts.
0
Debtor is a tax-cxelllJ)t ttrgani;mtion 101(8) as"incurrcd by an
under Title 26 of the Unit1.'1.t States individual primarily for a
Code (the Internal Re\'cnuc Code). personal, family. or house-
hold"'""""':
Filing Fee one Chapter It Debtors
Check one box:
0
Full Filing Fcc attached.

Debtor is ;1 small bu:;incss debtor ax defined in 11 U.S.C. 101(5lD).
Dl!btoris not a sm:tll business debtor as defined in II U.S.C. 101(510).
0
Filing Fl.'C to be paid in installments (npplicnblc to indhiduals on!}>). Must auach
application for the court's COit<Oidemtion that the debtor i"> Check if:
unable to pay fcc except in install mente;. Rule IOOC!(b). Sec Official Fonn 3A. 0
Debtor's ;,ggrcgatc noncomingcm liquidated debts (excluding debts owed to
insiders ur affiliates) arc lcs:; tlmn $2.343.300 (ummmt .'iuhject to acfjustmant
0
filing Fcc waiver requested (applicable to chapter 1 individuals only). Must rm 41011/.f and cw!rJ' three
attnch signed application for the court's consideration. Sec Ollicinl Form JR.
----------------------------------
Check all npplic:lblc boxes:
0 A plan is bcins fill!d with this petition.
0
A"'(.'t.:ptmtl.'l.'S pl:m solicited pn:p\!'tition from one or more claSSL-s
ot'cn.-ditor.o, in accordance with 11 u.S.c. tl26(b}.
StntlstlcaVAdministrafive Information THISSPACEISFOR
COURTUSEOi'OL\'
0
Debtor estimates that funds wilt ((lr distribution to crcdilurs.
0
Debtor cslima.tes that. nftcr any exempt property is excluded and adntinistrotive extJcnscs paid, there will be no funds available for
distribution to unsecured creditors.
E1o1imated NumbcrofCn.-ditors
0 0 0 0 0 0 0 0 0 0
1-49 5099 100-199 200-999 1,000- 5,001- 10,0()!.
25.001- 50,001- Over
5,000 10,000 25.000 50.000 100,000 100,000
Estimntt.-d 1\sscts
0 0 0 0 0 0 0 0 0 0
SO to $50.001 (0 $100,001 to SSOO,OOI SI,OIIU.OOI SIO,OOO.OOI sso.ooo.on 1 S I 00,000,00 I S500.000,00 I Murellmn
sso.ooo $100,000 $500,000 toSI to$10 to $50 to$10() to S500 to$1 billion $1 billion
million million million million million
Estimated Liabilities
0 0 0 0 0 0 0 0 0 0
SO to SSO,OOito $100,001 to $SOO,CIOI SI,OOO.OOl SIO.OOO.OO! SSil.OOO,OOJ SIOO.OOO,OOI SSOO,OOO.OOl More than
S50,000 SIOO.OOO $500.000 toSI to$10 to$50 to SIOO to $500 to Sl billion Sl billion
million million million million million
om Bl ( ICial Foml I) (4fl0) Pagc2
Petition
Name ofDcbtor{s):
(This must be c,:amJJielcd cmd tiled in ct1sc.) Lehr Construction Corp.
All1
1
rior Bankrop_tc\' Cuscs foiled Within Lust 8 Vcors (lfmoi'c than two. ndditionill sheet)
l(l(ation Case Number: Date Filed:
Where Filed: None
Locution Case Numbl:r: Date Filed:
Where Filed:
Pend Bankr.!!{)tcv Case Filed bv :tlt\' S louse., Pnrlncr. or Affiliate of this Debtor (If more than one. nuach ndditional shc."Ct.)
NnmcofOebtor:
None
Case Nmnbcr: Date Fih .. -d:
District: Rdationship: Judge:
.
Elhibil A E1hlbit 8
(To be completed if debtor is an indhidttal
(To be contplch:d if debtor is required to file periodic reports (e.g., fonn.-. IOK and IOQ) whose debts nrc primarily oomrumcr debt!!.)
with tltc nnd Exchange Commission pursmmt to Sccti(m 13 or l!i{d) of the
Exchange Act of 1934 and is requesting relic fumier clmptcr II.} I. 1he auomcy for the petitioner mnncd in the rctition, declare that I
ha\-c infarm._-d lilt! petitioner thnt (he ur she) muy ptotXCd under chapter 7, II. 12.
or of title I I. United States COOe. and ha\'C explained the relief available under
each such chapter. I ful1her ccnify 1hat I have delivered to tbc debtor the notice
required hy II U.S.C. J42(b).
0
A is auachl!d and made :1 pan of this petition. X
Si!.:Uaturu of Altomcv for Debtor(!>) (Date)
Exhibit C
Doc." the dcb10r own or have possession of;my propeny tlmt (1(1Scs or is alleged hi po:c;c n threat ofimmincm and idemiliahlc hann to public health or safety'!
0
Yes, and Exhibit C is attached and made a pan of this petition.

No.
1-:xhibit 0
(To be completed by every individual debtor. If n joint pctitiun is lih.'tl, e:1ch spouse must l."Ontplcte :md uuach a setlamtc Exhibit D.l
0
Exhibit D compk!tc:d and signed by chc debtor is auached nml made a pan of this petition ..
If this is a joint petition:
0
Exhibit D also completed nnd signed by the joint debtor is anached nnd m.uk. a pnrt (ll'lition.
lnfnrmation tl1e Debtor- Venue
0
{Chcck :my applicable bux .. l
has been domidkd or has h:td a n:sidcm:e, principal plael." of businl'S.<:, or principal assets in this District for I tm days itmncdiatcly
preceding the date ofdtis pc1ition or for a Iunger ,,..rt of such I RO days th:m in nny otlt..:r Uisnict.
0
ntere is a bankrU!Jicy case conccming debtor's affiliate .. g.cneml partncr.or partnership pending in this District.
0
Debtor is a debtor in a foreign and has iL<: prindpnl place of or principal 01sscts in the Unite,\ States in this District. or has
no princip01l plar .. of business or in the United States but is a defendant in an action or prOCl.'Cding {inn fedcml or st01tc coilnJ in dtis
District. or tlte interests of the parties will be sel'\'cd in rcganltu the rdil!f sought in this District.
Certification by II Debtor Who Resides us u Tenant or Rcsidcntiul
(Check all boxes.)
0
Lund lord has n J.udgmclll the dchtnr fur pOs.'\c:;sinn or 'khtor" s rl!sidl!nc.::. {l!"hnx ehl!ckcd. compktc the fo!iowing.J
.
oflmultunl th;tt ubtaincdjmlgm.::nt)
tAcldrcs.-: of littullonl)
0
Debtor claims !lmt under applie:Jblc nonh:tnkmptey law .. th.::rc om! cirenmstmtces under which the debtor would he pcnnitted to cure the
entire monclal)tlef.."\ult that gave rise to 1hc judgment for possession. after th.: for possession w01s entered. nnd
0
Debtor has indudctl with this ,!o.;posil with the court nfany rent tlmt WllU!tl llc.cmne due during JO-day period uflcrthc riling
of the JlCtition.
0
Debtor ccrtilics thut he/she has served the Lamllord with this ccrtilkation. (II U.S.C. )(12(1)).
I declare under penalty ofperjul}' that tlie lnfonnation provided in this petition is true
endcom<t
(If petitioner is an individuaJ whose debts are priman1y consumer debts and has
chosen to file undcrehspter 7) lam aware that I may proceed under chapter 7, II, 12
or 13 of'tilJe 11, United States Code. understand the relief available under' each such
chapter, and choose to proceed Wlder chapter 7.
[If no attorney represents me and no bankruptcy petition prcparcr signs tlte petition] I
have obtained. and read the noUee required by It U.S.C. 342(b).
t request relief in aecordancc with the chapter of title II, United States Code,
specified in this petition,
X
X
X
SignatUre ofDcbtor
Signature of Joint Debtor
New \'erl<, NwN 19936

Telephone Number
Dato f)./9-I{[J<j.\
In a taSC in which 707(b)(4)(D) applies, this signature also constitutes a
certification that the attorney has no knowledge after an inquiry that the infonnation
in the schedules is incorrect
1 cfoc:larc wtder pcnaJty of perjury lhat the i.nformalinn provided in lhis petition is true
Corp.
I dcdarc under penalty of pcljury that ihe information provided in lhis petition is
true and com:a. that I am dtc foreign representative of a debtor in a fcneign
proceed'mg, that [ am authorized to me this: petition.
(Check only one box.)
0 I request relief fn aa:ordantc with chapter IS oftitlc t 1, United States Code.
Certified copies of the documents required by 11 U.S.C. ISIS ate-attached.
0 Pursuantto 11 U.S.C. ISH, I requcstreliefinaa:oldanccwithtbe
chapter of title 11 specified in this petition. A certifted Copy ofthc
order grenting recognition of the foreign main prouedingis auacltcd.
X
(SignatureofForeign Representative)
(Printed Name ofForcign
Dale
t declare under penalty of peljury thnt (J) I am a bankruptcy petition prepuer as
defmcd in II U.S. C. 110; (2) I plq)arCdtbis docwnent forcompcnsatioo and have
provided the debtor with a COPY of this docUIRC;flt and the notices and
rcquil<d undor II U.S. C. liO(b), liO(h), and 342(b); end, (3) ;r notes or
guidelines have been promulgated pmsuant to 1 t U.S.C. liO(h) setting a
maximum fee Cor SCJViees chargeable by bankruptcy petition prepams. I have given
the debtor notice of the maximum amowtt before preparing atrJ document for filing
for a debtor or accepting any fcc from the debtor, as required in lhat section.
Official Fonn 19 is attacbtd.
Printed Name and title. if any, a fBankruptcy Petition Preparcr
Social-Security number (If the bankruptcy petition prcpmr is not an
individual, s:tnte the Social-Security number of the officer, principal,
mponsible pcrsori. or partner of the bankruptcy petition pmparcr.) (Required
by II U.S.C. 110.)
Addro:ss
ond torrect. and that I have bQen authorized to fife this petition on behalf of lhe X
debtnr. '
Title of Authorized Individual
. Date .:1 . :2..( , N
Date
Signature of bankruptcy petition preparer nr officer, principal, responsible person,.
or partner whose SocialSecurity number is provided above.
Names and Social-Security numbets of all other individwils who prepared -or
assisted in preparing this document unless the bankruptcy petitiOn prepmer is not an
individual.
If more than one prepared Ibis document. aitadt additional sheets
conforming to !he appropriate official form ror each person.
SUPREME COURT OF THE S'J4, . " 11" YORK
COUNTYOFNEWYORK <1!; ..
IndexNo.: \\ ():JdG.-DQ I 0
Plaintiff Designates

New York County as the place of
SHAWN R. UMPIERRE,
Plaintiff,
-against-
trial. F
.
"
'
INDUSTRIES, INC.,
SUMMONS
Defendant LEHRR7!

office is lo:!!ated at 902 Broadway
New New York 10010
Defendants.
----------------------------------------------------------------------X
L
FILED: August 4, 2010
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or if the compliant is not served with the summons, to serve a notice of
appearance, on the Plaintiff's Attorneys 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: /:Bro.nx, New York
August 3, 2010
,_.,..._
I.
I
.. Cl!!RK's OFFICE
AUB -4 2010
f.
f. . WITH COPy FILe
Addresses:
902 Broadway
400 Plaza Drive, 4'h Floor
Secaucus, New Jersey 07094
0 FICE, PLLC.,

MICHAEL ARC:E, ESQ.
(347) 851-5048
C/0 A. HARRINGTON
51 W 52ND Street
New York, New York 100!9
C/0 CORPORATION SERVICE COMPANY
80 State Street
Albany, New York 12207
PLEASE FORWARD THIS DOCUMENT TO YOUR INSURANCE COMPANY
December 28,2009, Defend . INC., owned the premises located at
sctP.
425 Meadowlands Parkway, Secaucus, New Jersey 07094.
7. Upon informatioi1 and belief, and at all times hereinafter mentioned, on or about
December 28, 2009, Defendant, HARTZ MOUNTAIN INDUSTRIES, INC., owned the
premises located at 425 Meadowlands Parkway, Secaucus, New Jersey 07094.
CORP., and Defendant, CBS BROADCASTING, INC.
December 28,2009, there existed a contract between Defendant, LEHR CONSTRUCTION
CORP., and Defendant, HARTZ MOUNTAIN INDUSTRIES, INC.
CORP., and Plaintiff SHAWN R. Ul\fPIERRE's employer, AAA Rivco Construction, Corp.
I I. Upon information and belief, and at all times hereinafter mentioned, on or about
December 28,2009, there existed a contract between Defendant, CBS BROADCASTING,
INC., and Plaintiff SHAWN R. UMPIERRE's employer, AAA Rivco Construction, Corp.
I2. Upon information and belief, and at all times hereinafter mentioned, on or about
December 28,2009, there existed a contract between Defendant,.HARTZ MOUNTAIN
INDUSTRIES, INC., and Plaintiff SHAWN R. UMPIERRE's employer, AAA Rivco
Construction, Corp.
13. Upon information and belief, and at aD times hereinafter mentioned, on or about
2
CORP., and Defendant, CBS BROADCASTING, INC., for the execution of certain
.construction, renovation, and/or repairs within the building located at 425 Meadowlands
Parkway, Secaucus, New Jersey 07094.
CORP., and Defendant, HARTZ MOUNTAIN INDUSTRIES, INC., for the execution of
certain construction, renovation, and/or repairs within the building located at 425
Meadowlands Parkway, Secaucus, New Jersey 07094.
CORP., and PlaintiffSHA WN R. UMPIERRE's employer, AAA Rivco Construction, Corp.,
December 28,2009, there existed a contract between Defendant, CBS BROADCASTING,
INC., and PlaintiffSHA WN R. UMPIERRE's employer, AAA Rivco Construction, Corp.,
December 28, 2009, there existed a contract between Defendant, HARTZ MOUNTAIN
INC., and Plaintiff SHAWN R. UiVIPIE.RRE's employer, AAA Rivco
3
Construction, Corp., for the execution of certain construction, renovation, and/or repairs within
the building located at 425 Meadowlands Parkway, Secaucus, New Jersey 07094.
18. Upon infom1ation and belief, and at all times hereinafter mentioned, on or about
December 28,2009, Plaintiff, SHAWN R. UMPIERRE, performed certain carpentry work,
during the course and scope of his employment by AAA Rivco Construction, Corp., within the
building located at 425 Meadowlands Parkway, Secaucus, New Jersey 07094.
December 28,2009, while Plaintiff, SHAWN R. UMPIERRE, performed certain carpentry
work, during the course and scope of his employment by AAA Rivco Construction, Corp.,
within the building located at 425 Meadowlands Parkway, Secaucus, New Jersey 07094, he
was caused to be injured when an A-frame ladder and its contents fell on top of him.
20. Defendant, LEHR CONSTRUCTION CORP., failed to furnish Plaintiff, SHAWN
R. UMPIERRE, with proper equipment with which to perform his work, thereby causing him to
sustain severe, serious, and permanent injuries.
21. Defendant, LEHR CONSTRUCTION CORP., failed to furnish Plaintiff, SHAWN
R. UMPIERRE, with a safe place to work, thereby causing him to sustain severe, serious, and
pefl11anent injuries.
22. Defendant, CBS BROADCASTING, INC., failed to furnish Plaintiff, SHAWN R.
UMPIERRE, with proper equipment with which to perform his work, thereby causing him to
sustain severe, serious, and permanent injuries.
23. Defendant, CBS BROADCASTING, INC., failed to furnish Plaintiff, SHAWN R.
UlVLPIERRE:, with a safe pi ace to \<Vork, thereby causing hi.1n to sustain severe, serious, and
4
permanent injuries.
24. Defendant, HARTZ MOUNTAIN INDUSTRIES, INC., failed to furnish Plaintiff,
SHAWN R. UMPIERRE, with proper equipment with which to perform his work, thereby
causing him to sustain severe, serious, and permanent injuries.
25. Defendant, HARTZ MOUNTAIN INDUSTRIES, INC., failed to furnish Plaintiff,
SHAWN R. UMPIERRE, with a safe place to work, thereby causing him to sustain severe,
serious, and permanent injuries.
26. The subject incident occurred solely and wholly due to the negligence of Defendant,
LEHR CONSTRUCTION CORP., in permitting Plaintiff, SHAWN R. UMPIERRE, to work
in an unsafe area, and in failing to furnish him with proper, safe, and adequate equipment with
which to perform his work.
CBS BROADCASTING, INC., in permitting Plaintiff, SHAWN R. UMPIERRE, to work in
an unsafe area, and in failing to furnish him with proper, safe, and adequate equipment with
which to perform his work.
HARTZ MOUNTAIN INDUSTRIES, INC., in permitting Plaintiff, SHAWN R.
UMPIERRE, to work in an unsafe area, and in failing to furnish him with proper, safe, and
adequate equipment with which to perform his work.
29. The subject incident occurred solely and wholly by reason of the negligence of the
Defendants, their agents, representatives, and/or employees, who were negligent, reckless, and
careless in causing, pcnnitting, and allowing a dangerous condition to exist and rcrnain on the
5
premises, without providing Plaintiff, SHAWN R. UMPIERRE, with the proper equipment,
tools, and instmments to perform his work; in failing to provide Plaintiff, SHAWN R.
UMPIERRE, with a safe place to work; in failing to give Plaintiff, SHAWN R. UMPIERRE,
any warning of the dangerous condition; in failing to take steps or means to prevent the
occurrence; in failing and neglecting to use the usual customs and uses employed in the trade to
prevent and/or to cure the dangerous condition; and were further negligent, careless and reckless .
in that Defendants violated Sections 200, 240(1) and 241(6) of the Labor Law of the State of
New York and provisions of the Industrial Code of the State of New York including, but not
limited to, Sections 23-l.S(a), 23-l.S(c)(l), 23-1.5(c)(2), 23-1.7(e)(2), 23-1.21(b)(1), 23-2.l(b)
and the OSHA 29 CFR Sec 1926.502G)(6)(ii); and in failing to make routine inspections to
determine whether or not the workers thereat were equipped with the necessary equipment to
perform their work and whether the area was safe.
30. Upon information and belief the limitations ofliability set forth in CPLR Article 16
do not apply to this action since it is exempt pursuant to section 1602 of the CPLR.
31. That solely by reason of the Defendants' aforesaid negligence, Plaintiff, SHA iVN R.
UMPIERRE, was injured externally, internally and permanently about the head, body, limbs and
nervous system so that he became and now is sick, sore, lame and disabled, being incapacitated
by reason of said injuries, and was obliged to receive hospital care, medical treatment, surgical
care, have x-rays taken, and upon information and belief, said treatment and care is continuing,
and to experience intense pain and physical and mental suffering, and liability for medical
treatment, and sustained serious injuries to his nervous system.
32. That the mnount of dmnages sought herein exceeds the jurisdictional hn1its of all
6
lower Courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff, SHAWN R. UMPIERRE, demands judgment against the
Defendants in a monetary amount of damages, which exceeds the jurisdictional limits of all
lower Courts which would otherwise have jurisdiction, to be determined by a jury during the trial
of this action together with interest, costs and disbursements of this action.
August 3, 20 I 0
7
ATTORNEY VERIFICATION
STATEOFNEWYORK )
:ss.:
COUNTY OF BRONX )
MICHAEL ARCE, being duly sworn deposes and says that he is an attorney and counselor at
law duly admitted and licensed to practice in the Courts of this State; that he is a member of THE
ARCE LAW OFFICE, PLLC., attorneys for the Plaintiff herein; and that he has read the foregoing.
SUMMONS AND VERIFIED COMPLAINT
and knows the contents thereof; that the same is true to his own knowledge except as to the matters
therein stated to be alleged upon information and belief, and that as to those matters he believes it to
be true.
That the reason this verification. is made by your deponent and not by the Plaintiff personally,
is that the Plaintiff is not presently within the county where your deponent has his office.
That the sources of your deponent's information and the grounds of his belief as to the
matters so alleged are investigations had by the Plaintiff, its agents, servants and representatives into
the subject matter hereof and correspondence relating thereto, reports of which investigations and
copies of which correspondence are in the possession of your deponent.
Sworn to before me this

PUBLIC ...
YOLANDA CASTHO-AFiCF
No!ary Public. Sta!fl cf Y-ork
No. 02CA613f034
in Putnam County
CommiSSIOn Expires 07/25/20/i
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
9. In the event plaintiff recovers a verdict or judgment against this answering
defendant, then said verdict or judgment must be reduced pursuant to C.P.L.R. 4545(c) by those
amounts which have been, or will, with reasonable certainty, replace or indemnifY plaintiff, in
whole or in part, for any past or future claims, economic loss, from any collateral source
including but not limited to insurance, Social Security, worker's compensation or employee
benefit programs.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
10. This answering defendant claims no responsibility to the plaintiff herein.
However, to the extent that the trier of the facts finds liability of fifty percent or less as defined
by Article 16 C.P.L.R., entitlement is claimed by this answering defendant to the benefits set
forth in that Article.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
11. To the extent plaintiff seeks damages from this answering defendant, if
any, plaintiffs sole remedy in this action is exclusively compensation and medical payments as
provided by Section 29, Paragraph 6, of the Workers' Compensation Law of the State ofNew
York.
WHEREFORE the defendant, LEHR CONSTRUCTION CORP., demands
judgment dismissing the Verified Complaint and further demands that the culpable conduct of
the plaintiff be ascertained herein and that the amount of damages, if any, which may be
recovered by the plaintiff shall be diminished in the proportion which plaintiffs culpable
conduct bears to the culpable conduct which causes plaintiffs alleged damages pursuant to
CPLR 1411, together with costs, disbursements, interest and attorneys' fees in this action.
DATED:
TO:
New York, New York
October 28, 2010
THE ARCE LAW OFFICE, PLLC.
Bronx, NY 10461
(347) 851-5048
C/0 A. Harrington
51 W. 52nd Street
New York, NY 10019
400 Plaza Drive, 4th Floor
Secaucus, NJ 07094
CONWAY, FARRELL, CURTIN
& KELLY, P.C.
By: __ ~ ~ ~ ~ ~ ~ - - - -
Gail M. elly, sq.
Attorn s for Defendant,
48 Wall Street - 20
1
h Floor
New York, N.Y. 10005
(212) 785-2929
ATTORNEY'S VERIFICATION
BY AFFIRMATION
I, the undersigned, am an attorney admitted to practice in the Courts of the State
of New York, and say:
1. That I am the attorney of record for the defendant, LEHR
CONSTRUCITON CORP.;
2. That I have read the annexed VERIFIED ANSWER and know the
contents thereof and the same are stated to be a l l e g ~ d 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: Investigation and Reports; and
3. The reason I make this Affirmation instead of defendant is that defendant
is a corporation and no officer of defendant corporation is within the County wherein affirmant
maintains her office.
DATED:
I affirm that the foregoing statements are true under the penalties of perjury.
New York, New York
October 28, 20 I 0
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------)(
SHAWN R. UMPIERRE ,
Plaintiff(s),
-against-
INDUSTRIES, INC.,
Defendant(s).
- - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ) (
Index No. 110326/10
Date Filed: 8/4/10
RESPONSE TO PLAINTIFF'S
COMBINED DEMANDS
The Defendant, LEHR CONSTRUCTION CORP. ("LEHR"), by its attorneys,
CONWAY, FARRELL, CURTIN & KELLY, P.C., upon information and belief, responds to
the Combined Demands of plaintiff, dated December 7, 2010, as follows:
RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION
1. Defendant LEHR is insured under a Commercial General Liability policy
with Travelers Property Casualty Co. of America, policy no. VTC2JC08025B89ATIL09,
with effective dates of August 4, 2009 to August 4, 2010 in the amount of $1,000,000
per occurrence.
2. Defendant LEHR is aware of the following witnesses to the alleged
occurrence:
1) Neal Corallo (Rivco Construction)
2) Junior Motimo (Kajik Taping)
3. Defendant LEHR is not in possession of any statements made by plaintiff
in this action.
4. Two photographs of the scene of the incident alleged in plaintiff's
complaint are annexed as Exhibit "A."
.... , "" ,,m In possession of any surveillance materials
depicting plaintiff in this action.
6. A copy of the LEHR Accident Report for the incident alleged in plaintiff's
complaint is annexed as Exhibit "B."
7. A copy of the contract between LEHR and Rivco Construction, LLC is
annexed as Exhibit "C."
8. Defendant LEHR is not in possession of any contracts between co-
defendant' CBS BROADCASTING, INC. and AAA RivcoConstruction Corp.
defendant HARTZ MOUNTAIN INDUSTRIES, INC. and AAA Rivco Construction Corp.
10. Defendant LEHR is not in possession of any contracts LEHR and co-
defendant HARTZ MOUNTAIN INDUSTRIES, rNC.
11. A copy of the contract between LEHR and Viacom International, Inc. is
annexed as Exhibit "D."
defendant HARTZ MOUNTAIN INDUSTRIES and co-defendant CBS BROADCASTING,
INC.
13. Defendant LEHR is not in possession of prior written complaints
concerning the condition alleged in plaintiff's Complaint and Bill of Particulars.
14. Defendant LEHR has not yet retained the services of any experts in this
matter, but retains the right to do so at a later date, and the qualifications of any such
expert will be exchanged pursuant to the provisions of the CPLR and the Uniform Rules
for Trial Courts.
15. See LEHR's response to Item #14.
16. Defen,dant LEHR is not in possession of any yiolations issued to
defendants in this action.
RESPOSNSE TO NOTICE TO TAKE ORAL DEPOSITION
Defendant LEHR will produce a witness pursuant to the depositions schedule as
determined at the Preliminary Conference in this action.
RESPONSE TO DEMAND FOR VERIFIED BILL OF PARTICULARS
'
Defendant LEHR's Verified Bill of Particulars as to Affirmative Defenses is
provided under separate cover.
RESPONSE TO NOTICE DECLINING SERVICE BY MEANS OF ELECTRONIC OR
FAX TRANSMITTALS
Defendant LEHR acknowledges receipt of plaintiff's notice declining service by
means of electronic or fax transmittals.
The Defendant reserves the right to amend and/or supplement this response should
new or and/or additional.information become available.
Dated: New York, New York
December 23, 2010
CONWAY, FARRELL, CURTIN
& KELLY, P.C .
. ~ 4f /-.__/...-
By: c,, }/. - ~
c
Peter M. Canty
Attorneys for Defendant
48 Wall Street, 20th Floor
(212) 785-2929
SUPREME COURT OF THE STATE OF NEWYORK
COUNTY OF NEW YORK
----------------------------------------------------------------------)(
SHAWN R. UMPIERRE,
Plaintiff,
-against-
INDUSTRIES, INC.,
Defendants.
----------------------------------------------------------------------){
VERIFIED BILL
OF PARTICULARS
INDEJ( NO.: 110326/10
Plaintiff, SHAWN R. UMPIERRE, by his attorneys THE ARCE LAW OFFICE, PLLC.,
in reply to the Demand for Verified Bill of Particulars of the Defendant, LEHR
CONSTRUCTION CORP dated October28, 2010, respectfully alleges as follows:
1. Plaintiff currently resides at 209 South Main Street, Apt. #73, Hackensack, New
Jersey 07601.
2. On the date of the subject incident, Plaintiff, SHAWN R UMPIERRE, resided at 9
Victor Street, Apt. 23, Lodi, New Jersey 07644.
3. Plaintiff was born on May 12, 1985.
4. Plaintiffs Social Security number is 078-70-6559.
5. The only name that the Plaintiff has used is Shawn Ray r mpicrre.
6. The incident occurred on December 28, 2009, at approximately 11:30 a.m. within the
building located at 425 Meadowlands Parkway, Secaucus, New Jersey 07094.
7 (a-e). Plaintiff was caused to be injured when an A-frame ladder and its contents fell on
top of him and caused himto injure his right knee.
1
existed for several hours before the accident occurred, giving rise to the subject accident. Any
actual notice in writing is in the possession of the Defendants.
16. Plaintiff, SHAWN R. UMPIERRE, claims the following injuries and/or
complications which were caused, precipitated, aggravated and/or exacerbated by the negligence
of the Defendants:
Right anterior cruciate ligament rupture.
Lateral meniscus tear, right knee.
Chondromalacia patellofemoral joint.
Loose body, right knee.
Right anterior cruciate ligament reconstruction with bone-patella-bone allograft,
partial lateral meniscectomy, chondroplasty of the patellofemoraljoint, removal of
loose body and injection.
All of the above injuries and/or complications are claimed to be permanent, protracted
and progressive and directly effect the muscles, ligaments, tissues, tendons, nerves, blood vessels
and adjacent organs associated with the site of traumas.
All medical reports have not yet been received and treatment is continuing.
17. Previously responded to in paragraph number 16 supra.
18 (a) Plaintiff was confined to bed for approximately four (4) months from December
28,2009, through February 2010, and intermittently thereafter, and from June 21,2010, through
August 2010, and intermittently thereafter.
(b) Plaintiff was confined to his house for approximately four (4) months from
December 28,2009, through February 2010, and intermittently thereafter, and from June 21,
5
20 I 0, through August 20 I 0, and intermittently thereafter.
(c) At the time of the subject accident, Plaintiff, SHAWN R. UMPIERRE, was
employed as carpenter by AAA Rivco Construction, Corp., with offices located at 243 East 137
1
h
Street, Bronx, New York I 0451. Plaintiff has been incapacitated from his employment from the
date ofthe subject incident, December 28, 2009, to the current time. His estimated lost earnings
are $45,000.00 and accruing daily.
(d) Plaintiff, SHAWN R. UMPIERRE, was confined to Meadowlands Medical
Center's Emergency Room on the date of the subject incident, December 28,2009. Plaintiff was
also confined to North Shore- Long Island Jewish Health System on June 21,2010.
(e) Plaintiff, SHAWN R. UMPIERRE, has treated with the following medical care
providers for injuries sustained on December 28, 2009:
IvyRehab- Hackensack
87 Summit A venue, 2"d Floor
Hackensack, New Jersey 07601
Mehling Orthopedics, P.C.
Brian M. Mehling, M.D.
214 State Street, Suite 101
Hackensack, New Jersey 07601
Richard Seldes, M.D.
40 I Hackensack A venue, I Oth Floor
Hackensack New Jersey 07601
(f) Not applicable.
19. Upon information and belief, all special damages have been satisfied by Workers'
Compensation Board, State Insurance Fund, 199 Church Street, New York, New York 10007;
WCB#: 00224233.
6
ATTORNEY VERIFICATION
STATEOFNEWYORK )
:ss.:
COUNTY OF BRONX )
YOLANDA ARCE, being duly sworn deposes and says that she is an attorney and
counselor at law duly admitted and licensed to practice in the Courts of this State; that she is a
member of THE ARCE LAW OFFICE, PLLC., attorneys for the Plaintiff herein; that she has read
the foregoing
VERIFIED BILL OF PARTICULARS
and knows the contents thereof; that the same is true to her own knowledge except as to the matters
therein stated to be alleged upon information and belief, and that as to those matters she believes
them to be true.
That the reason this verification is made by your deponent and not by the Plaintiff
personally is that the Plaintiff is not presently within the county where your deponent has her
office.
That the sources of your deponent's information and the grounds of her belief as to the
matters so alleged are investigations had by the Plaintiff, his agents, servants and/or representatives
into the subject matter hereof and correspondence relating thereto, reports of which investigations
and copies of which correspondence are in the possession of your deponent.
\ If\ f\(\ /i f!
\ I'' ,
Swprn to before me this
7'"#lay/,MDecel'nber, 2010
"j/ 1/ A
;(,''i.:. l.cfjl ..
/-:-:'-""l.!l-h tU .... l/ (, \/Jj.<
NOTARY PUBLIC

AFFIDAVIT OF SERVICE BY MAIL
STATEOFNEWYORK )
:ss.:
COUNTY OF BRONX )
I, Patrice Gordon, being duly sworn, deposes and says, that deponent is not a party to the
action, is over 18 years of age and resides in Bronx County, New York.
That on December 7, 2010, deponent served the within COMBINED RESPONSES TO
COMBINED DEMANDS upon:
CONWAY, FARRELL,
, CURTIN & KELLY, P.C.
48 Wall Street, 20'h Floor
(212) 785-2929
cc:
HOEY, KING, TOKER & EPSTEIN
Richard J. Freire, Esq.
425 MEADOWLAND PARKWAY LLC
i!s/h/a HARTZ MOUNTAIN
INDUSTRIES, INC.
55 Water Street, 29'h Floor
(212) 612-4200
RUTHERFORD & CHRISTIE,
LLP
369 Lexington avenue, 8'h Floor
(212) 599-5799
at the addresses designated by said attorneys for the purpose, by depositing a true copy of same
enclosed in a postpaid properly addressed wrapper, in an official depository under the exclusive care
and custody of the United States Postal Service within New York State.
Sworn to before me on
December 7, 2010
Michael Arce I
Nota[Y Public New York
Putnam County
02AR6140861
My Commission Expires
February 13, 201 C
~ - ~ ~ - , - - ..
~ " ~
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------><
SHAWN R. UMPIERRE, Index No. 110326/10
Date Filed: 8/4/10
Plaintiff,
" .
-against-
INDUSTRIES, INC., MTV NETWORKS, VIACOM
INTERNATIONAL, INC., VIACOM GLOBAL
SERVICES, INC. and MEADOWLAND PARKWAY
ASSOCIATES d/b/a M.P. WEST LIMITED
PARTNERSHIP,
NOTICE OF FILING OF
BANKRUPTCY PETITION AND
AUTOMATIC STAY
Defendants.
----------------------------------------------------------------------><
LEHR CONSTRUCTION CORP., TP Index# 10591107/10
Date Filed: 12/10/10
Third-Party Plaintiff,
-against-
RIVCO CONSTRUCTION, LLC and AAA RIVCO
CONSTRUCTION CORP.,
Third-Party
Defendants.
----------------------------------------------------------------------><
PLEASE TAKE NOTICE that LEHR CONSTRUCTION CORP. (the
"Debtor") has filed a Voluntary Petition under Chapter 11 of the United States
Bankruptcy Code in the United States Bankruptcy Court for the Southern District
of New York on February 21, 2011. A true and correct copy of the Debtor's
Voluntary Petition(# 11-10723-shl) is annexed here as Exhibit "A."
PLEASE TAKE FURTHER NOTICE that pursuant to 11 U.S.C. 362, an
automatic stay is in effect which, among other things, stays all entities from the
commencement or continuation of a judicial, administrative or other proceeding
.I
Michael Arce, Esq.
3144 East Tremont A venue
(347) 851-5048
Michael Arce, Esq. (MA1187 )
------------------------------------------------------------------)(
Inre Chapter 11
LEHR CONSTRUCTION CORP., Index No. 11-1 0723-shl
Debtor.
------------------------------------------------------------------)(
CERTIFICATE OF SERVICE
I, Michael Arce, do hereby certifY that on March 17, 2011, I caused the Motion to ModifY
the Automatic Stay, and Order ModifYing the Automatic Stay to be served by first class mail on
the following: the Debtor's counsel, the Office of the United States Trustee, and all the parties
that have filed a Notice of Appearance:
CooleyLLP.
James A Beldner, Esq
Attorney for Debtor
1114 Avenue of the Americas
New York, New York 10036-7798
212-4 79-6000
Hoey, King, Toker & Epstein
425 Meadowland Parkway, LLC i/s/h/a
Hartz Mountain Industries, Inc.
55 Water Street, 29'h Floor
212-612-4200
Rutherford & Christie, LLP
CBS Broadcasting, Inc
369 Lexington A venue, 8'h Floor
212-599-5799
United States Trustee
33 Whitehall Street, 21" Floor
212-510-0500
Conway, Farrell, Curtin & Kelly PC
Attorneys for Defendant.
Lehr Construction Corp.,
48 Wall Street, 20'h Floor
212-785-2929
Erlanger Law Firm, PLLC
Attorneys for
Deborah Russo & Jerome Russo
122 East 42nd Street, Suite 518
212-686-8045
GALLO VITUCCI & KLAR LLP
Attorneys for Third-Party Defendant
Rivco Construction, LLC
90 Broad Street, 3'd Floor
New York, New York !0004
212-683-7100
March 17, 2011
~ J

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The Arce Law Office, PLLC

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