[FILED; NEW YORK COUNTY CLERK

NYSCEF DOC. NO. 1

12/17/20121

INDEX NO. 158923/2012 RECEIVED NYSCEF: 12/17/2012

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X BANKERS STANDARD INSURANCE COMPANY, Plaintiff, - against PETER REGINATO and CYNTHIA BASINET, Defendants. To the above named Defendant(s):
-X

Index No.: Date of Filing: SUMMONS Basis of venue is: Defendant's Residence Plaintiffs Address: 436 Walnut Street Philadelphia, PA 19106

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff s Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or withing 30 days after the services is completed 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, judgement will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York December 17, 2012 BRUCE SOMERSTEIN & ASSOCIATES, P.C. Attorney; By:_ Christopher A. Wong, h.g'q. Seven Penn Plaza --Suite 420 New York, New YjA 10001 (212)268-1188 File No.: 12133' Defendants' Addresses: Peter Reginato 60 Greene Street, Unit No.: 5 New York, New York 10012 Cynthia Basinet 60 Greene Street, Unit No.: 5 New York, New York 10012 -orc/o Ash Pezzola 2 Penn Plaza, Ste. 1500 New York, New York 10001

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BANKERS STANDARD INSURANCE COMPANY, Plaintiff, - against PETER REGINATO and CYNTHIA BASINET, Defendants.

Index No.: COMPLAINT

Plaintiff, by its attorneys, BRUCE SOMERSTEIN & ASSOCIATES, P.C., complaining of the defendants, upon information and belief, states: 1. Plaintiff is and at all the times hereinafter mentioned, was a corporation duly

authorized to engage in the business of insurance in the State of New York, and having a place of business at 436 Walnut Street, New York, New York. 2. Defendant Peter Reginato is and at all times hereinafter mentioned was a natural

person, 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 natural

person, domiciled in the State of New York, and having an address at either 60 Greene Street, Unit No.: 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 mentioned, Michael Birkin and

Katrina 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 Michael

Birkin and Katrina Birkin, which insured the premises and the contents therein located at 60 Greene Street, Unit No.: 4, New York, New York, from various costs and expenses incurred arising from various designated perils, including water. AS AND FOR A FIRST CAUSE OF ACTION 6. On or about January 11,2012, defendant Peter Reginato occupied and controlled Unit

No.: 5 located at 60 Greene Street, New York, New York. 7. On or about January 11,2012, defendant Cynthia Basinet was a guest and/or invitee

occupying and/or using Unit No.: 5 located at 60 Greene Street, New York, New York with the permission and consent of defendant Peter Reginato. 8. Upon information and belief, on or about January 11,2012, water overflowed from

a 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 damage to the property and

premises of Michael Birkin and Katrina Birkin. 10. Said damages were caused wholly and solely by reason of the carelessness, negligence

and 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 Michael Birkin and Katrina Birkin; in allowing water to flow into Unit No.: 4, which was owned by Michael Birkin and Katrina Birkin; in over filling the bathtub within the bathroom within Unit No. 5; in failing to use due care and caution under the circumstances and in otherwise being negligent, careless and culpable. 11. By reason of the foregoing, property and premises of Michael Birkin and Katrina

Birkin sustained damages in the amount of $32,234.03. 12. Plaintiff insured Michael Birkin and Katrina Birkin against said damage and

indemnified them therefore, and became subrogated to their rights against the defendants. 13. By reason of the foregoing, plaintiff has been damaged 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 the

bathroom located in Unit No.: 5 located at 60 Greene Street, New York, New York at the time of the occurrence on or about January 11,2012. 15. Said damages were caused wholly and solely by reason ofthe defendants carelessness,

negligence and culpability in the causing the release of the water. Therefore, plaintiff relies on the doctrine of res ipsa loquitar.

16.

By reason of the foregoing, plaintiff has been damaged in the amount of $32,234.03. AS AND FOR A THIRD CAUSE OF ACTION

17.

Escaping waters improperly and unlawfully entered the premises owned and occupied

by Michael Birkin and Katrina Birkin without their permission and consent. 18. Such action constituted a trespass and interference with the proprietary rights of

Michael Birkin and Katrina Birkin. 19. $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 this action. Dated: New York, New York December 17, 2012 Yours, etc., BRUCE^0MERSTEIN & ASSOCIATES, P.C. Christopher A. WongJSsq. Attorneys for Plaintif Seven Perm Plaza -/Suite 420 370 Seventh Avenue New York, New^York 10001 (212)268-1188 File No.: 12133 By reason the foregoing trespass, plaintiff has been damaged in the amount of

Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BANKERS STANDARD INSURANCE COMPANY, Plaintiff, - against PETER REGINATO and CYNTHIA BASINET, Defendant(s). SUMMONS and COMPLAINT Action not based upon a Consumer Credit Transaction

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