STATE OF NEW YORK
SUPREME COURT
COUNTY OF ONEIDA
__________________________________________________________________________
CHRISTOPHER SCOTT JOHNSON,
Plaintiff
COMPLAINT
vs.
Index No.:
ROME HOUSING AUTHORITY and
HON. JAMES F. BROWN, Mayor
Defendants
__________________________________________________________________________
Plaintiff complains of the defendants and alleges as follows:
1.

At all times hereinafter mentioned, plaintiff was and still is a resident in Cayuga County,

New York.
2.

Upon information and belief, at all times hereinafter mentioned, Rome Housing Authority

owned and controlled the Colonial Apartments located in Rome, New York.
3.

Between April of 2004 and September 24, 2004, plaintiff was an employee of James & Son

Contracting. James & Son Contracting was performing demolition, removal, replacement and
repair of brick and masonry on the Colonial apartment buildings owned and operated by the
Rome Housing Authority.
4.

As part of his work duties, plaintiff was required to cut and remove damaged brick with a

demolition saw, grind and sand brick and mortar services with an abrasive wheel/disk, perform
cleaning of dust and debris from structural steel, and clean newly installed brick and mortar by
painting and/or brushing on an acid wash solution.
5.

As a result of this work, plaintiff was exposed to significant air contaminants, including

dust, debris, fibers, fumes, gases, vapors and other impurities. Plaintiff was not provided with

 proper or suitable personal respiratory protection equipment or other means of suitable
respiration and/or means of removing said brick, mortar and metal.
6.

As a result of this exposure, plaintiff sustained significant permanent damages to both of

his lungs, has incurred lost wages and significant medical expenses.
7.

Defendant Rome Housing Authority, as the owner of the apartment building on which

plaintiff was working when he was injured, is vicariously liable for violations of Labor Law §§
200 and 241(6) and NYCRR 23-1.5(a)(b), 23-1.8(b) and 23-3.2(d).
8.

Defendant further was negligent in failing to provide proper respiratory equipment to

plaintiff, failing to perform air monitoring, failing to insure that the workers on the construction
project were properly trained in prevention measures, and failed to post warning signs regarding
the dangers of airborne contaminants.
9.

As a result of these violations by the defendant, plaintiff has been damaged and suffered

extensive personal injuries, is permanently and totally disabled from his usual activities and
employment, and has incurred and continues to incur medical, hospital and rehabilitation
expenses and lost wages.
10.

This claim falls within an exception to the application of Article 16, specifically 1602(8).

11.

On or about July 26th a Notice of Claim was served upon defendant pursuant to the Order

of the Hon. Robert T. Julian dated July 7, 2005.
12.

A 50-h hearing of plaintiff was taken on November 14, 2005.

13.

Although more than the statutory waiting period has passed the plaintiff’s claim has not

been paid.
WHEREFORE, plaintiff demands judgment against the defendant in a sum in excess of the
jurisdiction of all lower courts, plus costs and disbursements.
Yours, etc.,

 MICHAELS & SMOLAK, P.C.
By:
David A. Kalabanka
Attorneys for Plaintiff
Office and P.O. Address
71 South Street
Auburn, New York 13021-3916
315/253-3293