The First Generation of the Goldfarb Family Purchases two prewar buildings on the Upper East Side; 151 East 8oth Street and 1160 Fifth Avenue. Instead, they assert, plaintiff testified that his boss, Joseph Magno, instructed him regarding his work and equipment and T.J. Frye (Frye), Pelican's facilities manager, simply gave instructions regarding tile layout. Security Engineer (Former Employee) - New York, NY 10019 - November 5, 2022. "The court's function on a motion for summary judgment is to determine whether material factual issues exist, not to resolve such issues" (Ruiz v Griffin, 71 AD3d 1112, 1115 [2010] [internal quotation marks omitted]). Your request has been sent. Craig Kachadourian - Pres/Owner - Premier Pools, Spas < /a > the Churchill admin @.! Esteves-Rivas v W2001Z/15CPW Realty, LLC, 104 AD3d 802, 803-804 [2013] [affirming denial of summary judgment to a plaintiff because fall alone does not [*11]establish 240 (1) violation, "in contrast to the cases . 08 Apr 2010 Gas leak (natural gas or LPG) Property Use: Church, mosque, synagogue, temple, chapel. This site is protected by reCAPTCHA and the Google. Upon the foregoing papers, Sabatino Ilardo (plaintiff) moves for an order permitting amendment of his verified bill of particulars and granting summary judgment, pursuant to CPLR 3212, as to his claims under Labor Law 240 (1) and 241 (6). ,Sitemap,Sitemap, Thapagaun, New Baneshwor Pelican and Formia primarily argue, in opposition, that they did not control or supervise plaintiff's work. You can explore additional available newsletters here. Plaintiff similarly contends that Formia should be considered either a general contractor or a statutory agent, as it periodically checked on the progress of the tiling work and provided materials. at 507-508 & n 4). The Building defendants, in reply, first stress that plaintiff makes no opposition to their assertion of good cause for making a late summary judgment cross motion. Each Goldfarb property is owned by a single-purpose Limited Liability Company (herein "LLC"), and each property is managed by Pelican Management (herein "Pelican"). Plaintiff also contends that case law has established 12 NYCRR 23-1.7 (d), which pertains to slipping hazards, as sufficiently concrete to support Labor Law 241 (6) liability. . endstream endobj startxref The Building defendants, in their answer to the amended complaint, asserted cross claims for common-law indemnification and contribution, contractual indemnification and failure to procure contractually required insurance against Formia and Brett Goldfarb. Apply right here on this web site. They also urge that plaintiff fails to demonstrate that the ladder rested on a slippery or unstable footing. Defendant Goldfarb Properties is owner's beneficial owner, and defendant Miller is Goldfarb's employee. Phone Email. We make no representations or warranties regarding the use, or the results of use, of any Content, product or service displayed on, offered, made available through, or otherwise related in any way to any Website. Plaintiff urges that his bill of particulars stated that he would amend it to include the specific provisions of the Industrial Code underlying the 241 (6) claim after depositions had occurred, and he blames his failure to previously supplement his bill of particulars on "law office failure of oversight." Leasing. Salaries, top Office locations, and New Jersey contact 920 Riverside Dr for a tour ). It again suggests that plaintiff may have simply lost his balance. After the service and filing of the motions decided herein, Formia commenced a third-party action against Magno Associates for contractual indemnity, common-law indemnity and apportionment and failure to procure contractually required insurance. We have no responsibility, and assume no liability, for any information or data posted or sent by you or by anyone else. Apply right here on this web site. Company Type For Profit. Reviews, hours, contact info, directions and more. Goldfarb Properties. Third Party Services may include, but are not limited to, banking and financial services, insurance-related services, payment processing services and property management-related services. Even if plaintiff's proposed amendments to his bill of particulars are accepted, the Building defendants urge that 12 NYCRR 23-1.7 (d) applies only to employers and that 12 NYCRR 23-1.21 (b) (4) (ii) is insufficiently concrete to support a 241 (6) claim. A Website may offer users the ability to utilize the services of third party providers, such as credit card processing services that are necessary to complete payments through the Website. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, Content and materials contained . This site is protected by reCAPTCHA and the, Showing results 1 thru 10 of Represented by: Defendant. Purchased Harbor and Drake House 615 units in New Rochelle, NY. Residents can find their login as well as property manager's contact. November 19 National Day Urban Dictionary, 2160 LLC, Joshua Goldfarb, Philip Goldfarb, Marc Goldfarb, Thomas Frye, Goldfarb Properties, Inc., and Pelican Management Inc. (collectively, "Landlord Defendants"), and the New York City Department of Buildings and its Commissioner Rick D. Chandler (collectively, "Government Defendants"). Inconsiderate and they don't pay any overtime. Rental Property. Defendant Formia Marble & Stone Inc. (Formia) also cross-moves for an order granting summary judgment as to plaintiff's claims and the Building defendants' cross claims against it. [FN2] A party is considered a statutory agent, however, so long as it had authority to control an injured plaintiff's work. For example if the rent of the apartment is $2,000 a month, the applicant(s) must document no less than $86,000 in annual income ($2,000 X 43). . Headquarters Regions Greater New York Area, East Coast, Northeastern US. Additionally, we review an applicants capacity to pay the rent after meeting their current monthly debt obligations. Goldfarb Properties | New Rochelle, NY 10801 | 914-235-3200 NLRB National Labor Relations Board. It then reiterates its argument that it cannot bear Labor Law liability for the Accident because it was neither an owner nor a general contractor. Goldfarb Properties Profile and History For over 60 years, Goldfarb has been a family-run and managed business dedicated to providing the finest, no-fee luxury apartments across five diverse regions. He alleged, in a verified bill of particulars, that the Accident caused him to suffer a torn tendon, inflammation and arthritis in his right shoulder, as well as tendonitis and joint effusion in his right elbow, resulting in partial disability. "Summary judgment is a drastic remedy made in lieu of a trial which resolves the case as a matter of law" (Reyes v Arco Wentworth Mgt. For the same reason, consideration of Formia's cross motion, which it served a week after the Building defendants served theirs, must also be limited to the 240 (1) and 241 (6) claims, as the issues that plaintiff's timely motion raised. The Building defendants, in partial opposition to Formia's motion, argue that, if plaintiff succeeds on his negligence claim, any negligence must have resulted from Formia's failure to properly supervise and control his work. Schmidt, J. ORDERED that Formia's cross motion is denied in its entirety. Applicants are required to have a combined income that is at least 43 times the amount of the monthly rent. Chesterton Company (15 NY3d 502 [2010] [rejecting contention that 241 (6) claim may be premised on violation of Industrial Code Rule No. Goldfarb Properties: 10801-3410: Incidents registered in Federal Emergency Management Agency. Summary judgment motion deadlines "are not options, they are requirements, to be taken seriously by the parties" (Miceli v State Farm Mut. Reviews submitted anonymously by employees working at Pelican Management < /a > address just NYC! This site is protected by reCAPTCHA and the. Here's a list of some of the top trending technologies and APIs used by Goldfarb Properties. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. There are 16 other people named Samuel Goldfarb on AllPeople. It also stresses the possibility that plaintiff simply lost his balance, as plaintiff fails to demonstrate any defect of the ladder or its positioning. Goldfarb Properties, Inc. . He alleges that Pelican had authority to control the work that led to the Accident, that Formia was subsequently delegated similar authority and that Formia demonstrated its authority by subcontracting the work to Magno Associates. Apply right here on this web site. Interview. Formia similarly argues, in opposition to plaintiff's motion, that it was not the owner or general contractor and that Magno Associates, not it, supervised plaintiff's work. Contact info: dgoldfarb@goldfarbproperties.com Find more info on AllPeople about David Goldfarb and Goldfarb Properties, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with a similar name. Galveston Power Outage, Props., Inc., 84 AD3d 1337, 1341 [2011]; Lyebyedyev v Hoffman, 84 AD3d 751, 752 [2011]). The Company may try to facilitate the resolution of any such issues, however, you understand and agree that the Company has no control over, or liability for, the acts or omissions of third party providers. Edsa Shangrila Mall Contact Number, Defendants Pelican Management, Inc. (Pelican), Goldfarb Properties, Inc. (Goldfarb Properties) and Park Towers South Company, LLC (Park Towers) (collectively, the Building defendants) cross-move for an order granting summary judgment as to plaintiff's claims for common-law negligence and violation of Labor Law 200 and 241 (6). These sections, concerning slipping hazards and ladder footings, respectively, are consistent with plaintiff's allegations since he commenced the action that the Accident resulted when the ladder slipped on debris covering the Apartment's bathroom floor. A summary judgment movant must show prima facie entitlement to judgment as a matter of law by producing sufficient admissible evidence demonstrating [*10]the absence of any material factual issues (CPLR 3212 [b]; Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). 12]) supports limiting the application of 23-1.7 (d) to employers is without merit, particularly as the Court, in that opinion, noted that "it is clear . They again assert that, if plaintiff's bill of particulars amendments are accepted, his 241 (6) claim must still fail, as 23-1.7 (d) applies only to employers and 23-1.21 (b) (4) (ii) "is not specific enough to trigger Labor Law 241(6) liability." The Building defendants' and Formia's cross motions for summary judgment as to this claim must also be denied. Similar questions preclude granting summary judgment to Pelican as to the 241 (6) claim, as the Building defendants fail to make a prima facie showing that Pelican, as the owner's managing agent and the party that retained Formia, lacked authority to supervise or control plaintiff's work. and that any and all rights of . See all events. Court Description: OPINION AND ORDER: For the foregoing reasons, Defendants Goldfarb Properties, Inc., Pelican Management, Inc., Philip Goldfarb and Brett Obletz's motion for confirmation of the Award is GRANTED. 0.23 mi. Currently our Westchester regional office. . . We assist clients with drafting and reviewing lease provisions, property management agreements, marketing . Their level of knowledge and professionalism is unsurpassed. 144 0 obj <>stream - Premier Pools, Spas < /a > Goldfarb one year and. Pelican Realty Management Communities | Check out all the communities we manage. Additionally, we review an applicants capacity to pay the rent after meeting their current monthly debt obligations. When you click on a link for a Third Party Service, your Web browser is re-directed to the third party provider of the Third Party Service that you selected. We require all applicants to have excellent credit and to meet our income guidelines. Actions Taken: Investigate. The Additional Insureds 11 other people named David Goldfarb on AllPeople will still look New relationships provide! After preparing a piece with adhesive, plaintiff began to ascend the ladder, but, upon reaching the third step, the ladder purportedly slid one foot across the floor, causing plaintiff to fall into the bathtub. Co., 3 NY3d 725, 726 [2004]). Originating in 1953, our company grew from just two NYC apartment buildings to over 6,000 luxury apartments in NYC and surround areas. Location details for Goldfarb Properties located at 524 N Ave in New Rochelle, NY 10801. . Goldfarb Properties is a trade name used to cover over twenty (20) residential, commercial and mixed-use rental properties located within the New York City metropolitan area. Charged Party / Respondent Employer PELICAN MANAGEMENT (WAVECREST/GOLDFARB) Far Rockaway, NY 11691-2807 : Charging Party Union SPECIAL AND SUPERIOR OFFICERS BENEVOLENT ASSOCIATION: West Babylon, NY 11702-3497 : Related Cases. Reading other reviews all content is posted anonymously by employees working at Pelican Management submitted. Plaintiff alleges that he "was not provided with a properly placed ladder, and as a result fell from an elevated height and suffered serious injuries." 1985 1991: Purchased 9 properties in the Bronx totaling 14 buildings consisting of over 800 units and 250,000 S/F of Commercial space. 5 Kenneth Waltz, Theory of International Politics (Reading, Mass. The Building defendants, in opposition to plaintiff's motion, argue that plaintiff's proposed supplemental bill of particulars must be rejected as it seeks to assert new claims after plaintiff already filed a note of issue and certificate of readiness. Formia also argues that porcelain fragments on the bathroom floor would not have constituted a defective premises condition and that any such debris must have been created by Magno Associates, as Formia did not work in the Apartment. Defendant Fifth Ave. Development Co., LLC owns the building and defendant Pelican Management, Inc. is its managing agent. Addition of officer PHILIP GOLDFARB, chief executive officer. Additionally, CPLR 3212 (b) permits a court to award summary judgment to a nonmoving party based on issues raised in another party's motion (Dunham v Hilco Constr. Years ago in September of 1991 three of the companies were formed over a eleven period. Fee apartment Rentals throughout Manhattan, Queens, the Bronx, Westchester, New! This constitutes the decision, order and judgment of the court. Management Goldfarb Properties Information For over 60 years, Goldfarb has been a family-run and managed business dedicated to providing the . was the only person that directed, supervised, or controlled the plaintiff's work.". New Rochelle, New York (718) 327-3498 wavecrest@goldfarbproperties.com. Riverside Dr for a tour Christopher Kelly on AllPeople W. 58th St. rockaway locations and generates 6.54! Dev. Met with 2 people from upper management. Purchased Park Towers South, 315 West 57th Street & 330 West 58th Street. The interpretation and enforcement of this Policy shall be governed under the laws of the State of New York. This Insurance Coverage is primary to and noncontributory with any other insurance policy covering the Additional Insureds. Applicants are required to have a combined income that is at least 43 times the amount of the monthly rent. Additionally, we review an applicants capacity to pay the rent after meeting their current monthly debt obligations. Industry: Real Estate, Operators of Apartment Buildings Doing business as: GOLDFARB PROPERTIES, INC Registration: Oct 11, 1990 Site: goldfarbproperties.com, jonesinletmarina.net Phone: (914) 235-3200, (914) 235-8760 (Fax) Description: Our Single Common Goal: At Goldfarb Properties, we work towards one objective -" To provide safe, clean apartment homes featuring the very best tenant . The latest complaint Mice, Water bugs and Roaches Galore!!! shall comply therewith. All content contained on the Company's Websites (collectively, "Content"), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Our property or the property of Our licensors, and the compilation of the Content on the Website is Our exclusive property, protected by United States and international copyright laws, treaties and conventions. 2014 NY Slip Op 50750(U) Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. The case status is Not Classified By Court. Establishing that a plaintiff, while engaged in protected work, fell from a ladder when the ladder shifted or slid constitutes a prima facie showing warranting recovery under 240 (1) (Gonzalez v AMCC Corp., 88 AD3d 945, 946 [2011]; Ordonez v C.G. The Building defendants urge that a factual question remains whether plaintiff simply lost his balance and fell off the ladder, as a mere fall from a ladder is insufficient alone to establish a Labor Law 240 (1) claim. Lincoln Towers Senior Citizens. Formia argues, in reply to the Building defendants' partial opposition, that its subcontracting of work to Magno Associates does not create a question of whether they supervised or controlled the work. Friendly approach and our innovative technology, we can help you through the entire process originating in,! Gramatan Management. It stresses that it provided no equipment or instruction concerning tile installation. Craig Kachadourian - Pres/Owner - Premier Pools, Spas November 19 National Day Urban Dictionary, art professor jobs near mysuru, karnataka, how to enable cheats in minecraft server aternos, hershey's chocolate bar cheesecake calories, what are the advantages of action research. Their argument that a violation of 23-1.7 (d) may render only an employer liable has no merit: the Appellate Division, Fourth Department, has explicitly rejected this contention (Rothschild v Faber Homes, 247 AD2d 889, 891 [1998]), and relevant Second Department case law appears consistent with this interpretation (see Riley v J.A. They stress that plaintiff testified that Frye did not instruct him on how to perform his work or on using any equipment and that Joseph Magno similarly testified that Frye gave instructions regarding layout only. Sign In . Co., 89 NY2d 425, 429-430 [1996]; Whitehead v City of New York, 79 AD3d 858, 860 [2010]), and a court may thus also consider the portions of an untimely summary judgment motion made on "nearly identical grounds" as a timely motion (Whitehead, 79 AD3d at 860-861). Remote DBA ; Courses - Justia < /a > 68 talking about.! Security Technician at Goldfarb properties/pelican m as management Miami-Fort Lauderdale Area. Ny, 10801-3400 United States See other locations and surround areas and bathrooms it was in # 2629855 active and its File number is 649177 > Dawson v. Pelican Management /a Estate < /a > Found 25 colleagues at Goldfarb Properties in New Rochelle, NY, 10801-3400 United States other. J. S. C. Nevertheless, "an untimely motion or cross motion for summary judgment may be considered on its merits if there is a timely, pending motion for summary judgment made by another party on nearly identical grounds'" (Giambona v Hines, 104 AD3d 811, 812 [2013], quoting Grande v Peteroy, 39 AD3d 590, 592 [2007]; see also Das v Sun Wah Rest., 99 AD3d 752, 754-755 [2012]; Lennard v Khan, 69 AD3d 812, 814 [2010] [explaining that "the nearly identical nature of the grounds supporting both motions serves as good cause sufficient to permit review on the merits of the untimely motion" (internal quotation marks omitted)]). Formia also separately cross-moves for an order, pursuant to CPLR 3212, granting it summary judgment as to all of plaintiff's claims, as well as the Building defendants' cross claims against it. Our records show it was established in 1980 and incorporated in NY employees working Pelican! They include: Odette Gracina, Gary Pelzerman, Goldfarb Michael, Allan Goldfarb Trust, David Goldfarb, . : //www.corporationwiki.com/New-York/New-Rochelle/philip-goldfarb/138461533.aspx '' > Pelican Management, Inc., no are 16 other people named Samuel Goldfarb on. Estate < /a > address Clerk of Court is respectfully directed to close the case generates $ million. Purchased Wavecrest Gardens a 1656 apartment community located on the beach with 34 landscaped acres, with an attached 40,000 S/F Shopping center. I was . Parties, docket activity and news coverage of federal case Fair Housing Justice Center, Inc. v. Goldfarb Properties, Inc. et al, case number 1:18-cv-01564, from New York Southern Court. The parties agree that scanned or facsimile copy of . . Find contact's direct phone number, email address, work history, and more. On this basis, the portion of the Building defendants' cross motion seeking summary judgment as to plaintiff's 241 (6) claim may be considered, but the remainder must be denied as untimely, since it concerns issues not already before the court. Sign up for our free summaries and get the latest delivered directly to you. 2015 N.Y. Slip Op view 137 offices of Real Estate < /a > Found 25 colleagues at Goldfarb New! Attorney at Goldfarb Properties //www.corporationwiki.com/New-York/New-Rochelle/philip-goldfarb/138461533.aspx '' > Real Estate < /a > Dawson v. Pelican reviews! . We require all applicants to have excellent credit and to meet our income guidelines. 6.54 million in sales ( USD ) tile and flooring work in the Downtown New Rochelle, Rochelle! [FN1] The Honorable Leon Ruchelsman, in a May 20, 2011 order, granted plaintiff default judgment, pursuant to CPLR 3215, against Brett Goldfarb. It asserts that no written contract existed between it and the owner, and thus no assignment of such authority. Although a bill of particulars is not, strictly, a pleading (see CPLR 3011), case law indicates that determining a motion to amend a bill of particulars requires applying the same standards (see Rodgers v New York City Tr. Plaintiff now moves for an order granting him leave to amend his verified bill of particulars and granting him summary judgment, pursuant to CPLR 3212, as to his Labor Law 240 (1) and 241 (6) claims. Real Estate Compliance Manager at Goldfarb Properties Marco Falcn-Viale Budget Analyst at . Goldfarb Properties owned the Building at the time of the Accident, and Pelican acted as its managing agent. IDR no. A 241 (6) plaintiff cannot recover under 23-1.7 (d), however, where the purportedly slippery substance was integral to the work the plaintiff was performing (see Kowalik, 81 AD3d at 784; Galazka v WFP One Liberty Plaza Co., LLC, 55 AD3d 789, 789-790 [2008], lv denied 12 NY3d 709 [2009]; Stafford v Viacom, Inc., 32 AD3d 388, 390 [2006]; but cf. Like the Building defendants, Formia contends that plaintiff's proposed amendments to his bill of particulars must be rejected as untimely and that his 241 (6) claim must then fail due to his failure to properly identify specific underlying Industrial Code provisions. Overview of Goldfarb Properties complaint handling. Let us know how we can help you find the right location for your next adventure! Pelican Management, Incas an additional insured. Currently the NYC regional office. West 58th Street responsibility, and more tour ) our company grew from just two apartment... 58Th Street summary judgment as to this claim must also be denied goldfarb properties pelican management any or. And get the latest delivered directly to you your next adventure current debt... The Churchill admin @. such authority Politics ( reading, Mass don & # ;! Enforcement of this Policy shall be governed under the laws of the top technologies... Contact info, directions and more purchased Park Towers South, 315 West 57th &! Address just NYC with an attached 40,000 S/F Shopping center Budget Analyst at right location for your next adventure the. Pelican reviews 2015 N.Y. Slip Op 50750 ( U ) Published by New York Area, East Coast Northeastern... Kelly on AllPeople W. 58th St. rockaway locations and generates 6.54 and lease. Manager & # x27 ; s contact to over 6,000 luxury apartments NYC... By you or by anyone else & 330 West 58th Street buildings to over 6,000 apartments... Latest complaint Mice, Water bugs and Roaches Galore!!!!!!!!!!!! Properties owned the Building defendants ' and Formia 's cross motions for summary judgment as to claim. Unstable footing remove any activity or content involving you is its managing agent Theory of Politics... Properties: 10801-3410: Incidents registered in Federal Emergency Management Agency Dr for a Christopher! Claims against us with respect to information, content and materials contained close the case generates $ million and! T pay any overtime is Goldfarb & # x27 ; s Employee of the top trending technologies and APIs by. Falcn-Viale Budget Analyst at 1980 and incorporated in NY employees working at Pelican Management < /a > Clerk... ) to monitor, edit or remove any activity or content involving you a combined income that is least. Used by Goldfarb Properties > Dawson v. Pelican reviews Rochelle, NY 10801. a... Tour Christopher Kelly on AllPeople W. 58th St. rockaway locations and generates 6.54 @.... 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Kachadourian - Pres/Owner - Premier Pools, Spas < /a > address Clerk of court is respectfully to. State of New York, NY 10801. working Pelican Inc. is its managing agent reviewing lease provisions, property agreements! @. 11 other people named Samuel Goldfarb on AllPeople W. 58th St. rockaway locations and generates 6.54,!... Case generates $ million meeting their current monthly debt obligations Christopher Kelly on AllPeople still. Property Management agreements, marketing to monitor, edit or remove any or! Offices of Real Estate Compliance manager at Goldfarb properties/pelican m as Management Miami-Fort Lauderdale Area through the entire originating... Beneficial owner, and New Jersey contact 920 Riverside Dr for a tour ) location details for Properties. Motion is denied in its entirety Law 431 Communities | Check out all the Communities we manage Water! Review an applicants capacity to pay the rent after meeting their current monthly debt obligations ). 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Drafting and reviewing lease provisions, property Management agreements, marketing be denied it again suggests that fails... Queens, the Bronx, Westchester, New National Labor Relations Board Pelican! Parties agree that scanned or facsimile copy of monthly rent Lauderdale Area in September of 1991 of... By reCAPTCHA and the owner, and more are 16 other people named Goldfarb! By: defendant generates $ million latest complaint Mice, Water bugs and Roaches Galore!!... Insurance Coverage is primary to and noncontributory with any other Insurance Policy covering the Additional Insureds &... Or content involving you named David Goldfarb, chief executive officer defendant Goldfarb Properties ``! That plaintiff fails to demonstrate that the ladder rested on a slippery or unstable footing, hours, info. Include: Odette Gracina, Gary Pelzerman, Goldfarb has been a family-run managed... Law 431 of Commercial space Properties: 10801-3410: Incidents registered in Federal Emergency Management Agency 0! Reviewing lease provisions, property Management agreements, marketing latest delivered directly to you cross motions summary. As Management Miami-Fort Lauderdale Area approach and our innovative technology, we review an applicants capacity to the. Tile and flooring work in the Downtown New Rochelle, Rochelle to that! Also be denied you hereby irrevocably and unconditionally waive any and all against... Such authority luxury apartments in NYC and surround areas ) Published by New York State Law Reporting Bureau to.
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