Case Document Filed 12i23i16 Page 3, of 11

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

 

ARCH INSURANCE COMPANY afs/o
GOLDENS BRIDGE FIRE DISTRICT, Civil Action No.

Plaintiff(s),
vs.

GOLDENS BRIDGE FIRE DEPARTMENT

 

Defendant(s).
COWLAINT INA CIVIL ACTION

Plaintiff, ARCH INSURANCE COMPANY a/s/o GOLDENS BRIDGE FIRE
DISTRICT, by and through, its attorneys, Mintzer Sarowitz Zeris Ledva Meyers, LLP, by way
of this complaint against the defendant, GOLDENS BRIDGE FIRE DEPARTMENT, alleges as
follows:

THE PARTIES

1. Plaintiff, ARCH INSURANCE COMPANY, is a business corporation organized
and existing under the laws of the State of Missouri, with its principal place of business located
at One Liberty Place, 53rd Floor, New York, New York.

2. Plaintiff brings this action as a lawful contractual subrogee of GOLDENS
BRIDGE FIRE DISTRICT (hereinafter a ?re district located at 254
Waccabuc Road, Goldens Bridge, New York 10526.

3. At all relevant times hereto, plaintiff ARCH INSURANCE COMPANY was the
insurance carrier for the FIRE DISTRICT.

4. At all relevant times hereto, the FIRE DISTRICT was the owner of a ?re station

and facility located at 254 Waccabuc Road, Goldens Bridge, New York 10526.

Case ?file-ev?OQQZi?NSR Boeument 1 ?led 32123126 Page 2 of 23.

5. At all relevant times hereto, GOLDENS BRIDGE FIRE DEPARTMENT is a
volunteer ?re department.

6. At all relevant times hereto, defendant GOLDEN BRIDGE FIRE
DEPARTMENT operated a volunteer ?re department at the premises located at 254 Waccabuc
Road, Goldens Bridge, New York 10526.

JURISDICTION AND VENUE

7. Defendant GOLDEN BRIDGE FIRE DEPARTMENT is a domestic not-for-
pro?t corporation duly organized and existing pursuant to the laws of the State of New York.

8. Defendant GOLDENS BRIDGE FIRE DEPARTMENT is a New York not-for-
pro?t corporation located in Westchester County, New York.

9. At all times relevant hereto, defendant GOLDENS BRIDGE FIRE
DEPARTMENT committed a tortious act which resulted in damages within the State of New
York.

10. Venue is proper in this action as plaintiff?s subrogor is located within the State of
New York, County of Westchester.

11. Venue is proper in this action as the subject accident occurred within the State of
New York, County of Westchester.

THE INCIDENT

12. On or about February 24, 2014 defendant GOLDENS BRIDGE FIRE

DEPARTMENT operated its ?rematic equipment at the premises located at 254 Waccabuc

Road, Goldens Bridge, New York 10526.

Case Document 1 Filed 232316 Page 3 of :1

13. On or about February 24, 2014 defendant GOLDENS BRIDGE FIRE
DEPARTMENT maintained its ?rematic equipment at the premises located at 254 Waccabuc
Road, Goldens Bridge, New York 10526.

14. On or about February 24, 2014 defendant GOLDENS BRIDGE FIRE
DEPARTMENT controlled the ?rematic equipment at the premises located at 254 Waccabuc
Road, Goldens Bridge, New York 10526.

15. On or about February 24, 2014 defendant GOLDENS BRIDGE FIRE
DEPARTMENT utilized the premises located at 254 Waccabuc Road, Goldens Bridge, New
York 10526 as plaintiffs ?re department headquarters.

16. On or about February 24, 2014 defendant GOLDENS BRIDGE FIRE
DEPARTMENT stored various vehicles including ?re trucks, chiefs vehicles and similar
emergency vehicles at the premises located at 254 Waccabuc Road, Goldens Bridge, New York
10526.

17. On or about February 24, 2014 defendant GOLDENS BRIDGE FIRE
DEPARTMENT owned a 1998 Chevrolet Suburban bearing vehicle identi?cation number
IGN GK 26NXWF 324660.

18. That on or about February 24, 2014 defendant GOLDENS BRIDGE FIRE
DEPARTMENT utilized the said premises located at 254 Waccabuc Road, Goldens Bridge, New
York 10526 to perform training exercises for its volunteer members.

19. That the defendant GOLDEN BRIDGE FIRE DEPARTMENT had the exclusive
use of the ?re station bays for use by the GOLDENS BRIDGE FIRE DEPARTMENT for the
storage and maintenance of GOLDENS BRIDGE FIRE DEPARTMENT equipment and

vehicles.

Case Document 1 Filed 12i23?i? Page 4 of 1}

20. On or about February 24, 2014 GOLDENS BRIDGE FIRE DISTRICT received a
notice of a ?re in?the bay of the premises located at 254 Waccabuc Road, Goldens Bridge, New
York 10526.

21. That on or about February 24, 2014 the bay where the ?re started was in the
premises located at 254 Waccabuc Road, Goldens Bridge, New York 10526, was exclusively
used, maintained, operated and controlled by defendant GOLDENS BRIDGE FIRE
DEPARTMENT.

22. That on or about February 24, 2014 a ?re started in the bay of the premises
located at 254 Waccabuc Road, Goldens Bridge, New York 10526, which bay was exclusively
used, Operated, maintained and controlled by defendant GOLDENS BRIDGE FIRE
DEPARTMENT.

23. That on or about February 24, 2014 the said ?re started in the aforementioned
Suburban vehicle, owned, operated, maintained and controlled by defendant GOLDENS
BRIDGE FIRE DEPARTMENT.

24. As a result of the aforesaid ?re the premises located at 254 Waccabuc Road,
Goldens Bridge, New York 10526 sustained property damages for which Arch Insurance
Company was contractually obligated to pay.

AS AND FOR A FIRST CAUSE OF ACTION

25. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
aforementioned paragraphs through ?24? with the force and effect as it set forth herein at
length.

26. At all relevant times defendant GOLDENS BRIDGE FIRE DEPARTMENT had a

duty to maintain its equipment in a safe and prudent manner.

Case Decumeni 1 ?led 2212335 Page 5 of ii

27. At all relevant times defendant GOLDENS BRIDGE FIRE DEPARTMENT had a
duty to operate its equipment in a safe and prudent manner.

28. At all relevant times defendant GOLDENS BRIDGE FIRE DEPARTMENT had a
duty to control its equipment in a safe and prudent manner.

29. At all relevant times defendant GOLDEN BRIDGE FIRE DEPARTMENT had a
duty to inspect its equipment to make sure that such equipment operated in a safe and proper
manner.

30. At all relevant times defendant GOLDENS BRIDGE FIRE DEPARTMENT had a
duty to exercise reasonable care with regard to the use and operation of its equipment.

31. At all relevant times defendant GOLDENS BRIDGE FIRE DEPARTMENT had a
duty to prevent foreseeable harm to other persons and/or property.

32 At all relevant times defendant GOLDENS BRIDGE FIRE DEPARTMENT was
negligent in the operation, maintenance, use and control of its equipment.

33. As a result of defendant GOLDEN BRIDGE FIRE 
negligence, recklessness and carelessness, defendant GOLDENS BRIDGE FIRE
DEPARTMENT caused a ?re, resulting in property damage to the premises owned by FIRE
DISTRICT.

34. Defendants GOLDENS BRIDGE FIRE DEPARTMENT are solely liable for
damages sustained by defendant GOLDENS BRIDGE FIRE DISTRICT and Arch Insurance

Company in the amount of $9,188,352.7 1.

Case Deeument I ?led 3.2i23f25 Page of 3.:

AS AND FOR A SECOND CAUSE OF ACTION

35. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
aforementioned paragraphs through ?34? with the force and effect as it set forth herein at
length.

36. That on or about February 24, 2014 defendant GOLDENS BRIDGE FIRE
DEPARTMENT members and/or agents, servants, employees or contractors removed various
components of the aforementioned Suburban.

37. That on or before February 24, 2014 members, agents, servants, employees or
contractors of GOLDENS BRIDGE FIRE DEPARTMENT removed various components of the
said Suburban in a reckless, negligent and careless manner.

38. That on or before February 24, 2014 members, agents, servants, employees or
contractors of defendant GOLDEN BRIDGE FIRE DEPARTMENT reckless, negligent and
careless removal of component parts of the said Suburban caused a ?re resulting in property
damages to the premises owned by FIRE DISTRICT.

39. Defendants GOLDENS BRIDGE FIRE DEPARTMENT are solely liable for
damages sustained by defendant GOLDENS BRIDGE FIRE DISTRICT and Arch Insurance
Company in the amount of $9,188,352.7 1.

AS AND FOR A THIRD CAUSE OF ACTION

40. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the

aforementioned paragraphs through ?39? with the force and effect as it set forth herein at

length.

Case 7:15-cv-09922-N8F2 Document: J. ?led 32123116 Page 7? of 3.11

41. At all relevant times and/or prior to February 24, 2014 defendant GOLDENS
BRIDGE FIRE DEPARTMENT had exclusive control and management of the bays and adjacent
portions of the premises located at 254 Waccabuc Road, Goldens Bridge, New York 10526.

42. At all relevant times and/or prior to February 24, 2014 defendant GOLDENS
BRIDGE FIRE DEPARTMENT had the exclusive control and management of the equipment,
including a charging system at the premises located at 254 Waccabuc Road, Goldens Bridge,
New York 10526.

43. At all relevant times and/or prior to February 24, 2014 defendant GOLDEN 
BRIDGE FIRE DEPARTMENT had the exclusive control and management of the electrical
cords, connecting defendants Suburban to a charging system at the premises located at 254
Waccabuc Road, Goldens Bridge, New York 10526.

44. I At all relevant times and/or prior to February 24, 2014 defendant GOLDENS
BRIDGE FIRE DEPARTMENT had the exclusive control and management of the Suburban
connected to a charging system at the premises located at 254 Waccabuc Road, Goldens Bridge,
New York 10526.

45. Plaintiff relies on the negligence of defendant as inferred ?om the general
situation described under the doctrine of res z'psa loquz'tor and states and alleges that had
defendant executed due and proper care in the use, maintenance, operation and control of its
vehicles, equipment and the ?re station bays, the accident complained of would not have
occurred and plaintiff would not have suffered the injuries as set forth in this complaint.

46. Defendants GOLDENS BRIDGE FIRE DEPARTMENT are solely liable for
damages sustained by defendant GOLDENS BRIDGE FIRE DISTRICT and Arch Insurance

Company in the amount of $9,1 88,3527 1.

Case Document 1 Filed 221233.63 Page 8 of 313.

AS AND FOR A FOURTH CAUSE OF ACTION

47. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
aforementioned paragraphs ?1 through ?46? with the force and effect as it set forth herein at
length.

48. By virtue of the facts and circumstances of the accident as above alleged, the
doctrine of res ipsa loquz'tor is applicable to the claim against defendant.

49. That the instrumentality that caused the ?re and resultant property damages were
exclusively in the control of defendant, and as this type of accident does not ordinarily occur in
the absence of carelessness, recklessness or negligence, the application of res ipsa loquz'tor is
applicable herein.

50. As a direct and proximate result of the above described fire and the negligence
and recklessness of defendant, its agents, servants, and employees, plaintiff sustained damages to
its property.

51. Defendants GOLDENS BRIDGE FIRE DEPARTMENT are solely liable for
damages sustained by defendant GOLDENS BRIDGE FIRE DISTRICT and Arch Insurance
Company in the amount of $9,188,352.71.

AS AND FOR A FIFTH CAUSE OF ACTION

52. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
aforementioned paragraphs through ?51? with the force and effect as it set forth herein at
length.

53. In the event that plaintiff is unable to prove the specific acts described above,

plaintiff will rely upon the doctrine of res ide loquitor and alleges that defendant was negligent

Case Document 1 Filed 3.2123136 @age 9 of lit

in the manner of conducting its ?rematic operations with respect to the storage, maintenance,
control and inspection of its equipment.

54. If defendant had conducted its operations in an ordinary prudent manner, in the
usual c0urse of events the damages to plaintiffs premises would not have occurred. Therefore,
defendant?s negligence was the proximate cause of the damages to plaintiffs premises.

55. Defendants GOLDENS BRIDGE FIRE DEPARTMENT are solely liable for
damages sustained by defendant GOLDENS BRIDGE FIRE DISTRICT and Arch Insurance
Company in the amount of $9,188,352.71.

AS AND FOR A SIXTH CAUSE OF ACTION

56. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
aforementioned paragraphs through ?55? with the force and effect as it set forth herein at
length.

57. That defendant, its agents, servants, employees and members routinely performed
training exercises at the subject premises.

58. That defendant had the duty to perform training exercises at the location and
premises in a safe and prudent manner.

59. That on or before February 24, 2014 defendant performed training exercises
which required that defendants members alter and/or wedge open a self?closing ?re door so that
said ?re door would not close.

60. That defendants reckless, negligent and careless, alteration, modi?cation, change,
adjustment, recon?guration or such other similar conduct prevented the self closing ?re door

from closing, permitting the ?re in the bay area located on the ground ?oor of the premises to

Case Document 1 Filed 1252316 Page 10 at 11.

travel up the stairwell adjacent to the self closing door, thus permitting the ?re to spread to the
second ?oor of the subject premises.

61. That defendants reckless, careless and negligent disassembling of the self closing
?re door which prevented the ?re door ?om acting in the manner for which it was intended,
resulted in the spread of the ?re caused by defendant.

62. That defendant had the exclusive control over the self closing door.

63. That the damage to the second ?oor of the premises would not have occurred had
defendant and/or plaintiffs members not altered the self closing ?re door so as to prevent the
door ?om closing in the manner for which it was intended.

64. That the damages to the second ?oor of the subject premises would not have
occurred but for the negligence, recklessness and carelessness of the defendant, its agents,
servants, employees and/or members in the alteration of the self closing fire door.

65. As a result of the negligence and carelessness of defendant its agents, servants,
employees and/or members in the alteration of the self closing ?re door, plaintiff sustained
damages to the premises located at 254 Waccabuc Road, Goldens Bridge, New York 10526.

66. Defendants GOLDEN BRIDGE FIRE DEPARTMENT are solely liable for
damages sustained by defendant GOLDENS BRIDGE FIRE DISTRICT and Arch Insurance
Company in the amount 

JURY DEMAND

67. Plaintiff hereby demands a trial by a jury of six (6) persons.

Case Document 1 Fiied 1223116 Page 31 of 11

WHEREFORE, plaintiff demands judgment against defendant in the amount of

$9,188,352.71, and for such other and further relief as this Court may deem just and proper.

BY: ls/

BRADLEY J. LEVIEN, ESQ. (BL-0503)
Attorney for Plaintiff

Suite 200, 17 West John Street
Hicksville, NY 11801

(516) 939-9200