SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X FRANCISCA PAGUADA RODRIGUEZ, Plaintiff, X Index No.: 452253/2016 -against- MILLER PLUMBING AND HEATING, INC., JOHN GALLIN & SON, INC., SIRINA FIRE PROTECTION CORP., HUDSON MERIDIAN CONSTRUCTION GROUP, LLC, JGM CONSTRUCTION GROUP, LLC, ARAGON, LLC, AFFIDAVIT IN SUPPORT.---------------------------------------------------------------X Defendants. X STATE OF NEW YORK ) COUNTY OF NASSAU ) )ss: David Kuehn, being duly sworn, deposes and states as follows: 1. My name is David Kuehn. I am Vice President and General Counsel for defendant, Sirina Fire Protection Corp. (Sirina Fire). I make this Affidavit in support of Sirina Fire's motion for summary judgment dismissing the Complaint of Plaintiff, Francisca Paguada Rodriguez (hereinafter Rodriquez or Plaintiff), together with any and all cross-claims (the Action), as against Sirina Fire. 2. My knowledge of the facts set forth in this Affidavit is based upon my personal knowledge, my review of the relevant records maintained by Sirina Fire and a general investigation of the facts of this matter. 3. Upon information and belief, it is my understanding that Plaintiff, alleges that she sustained injury within the scope of her employment on July 20, 2011. AFFIDAVIT IN SUPPORT PAGE 1 1 of 5
. 4. Specifically, Plaintiff alleges that she was struck by a piece of metal door framing as she walked through a door on the floor of 499 Park Avenue, New York, New York, a high rise commercial building (the Premises). 5. In my capacity as Vice President and General Counsel for Sirina Fire, I regularly prepare, review and maintain records pertaining to the sprinkler and fire suppression work performed by Sirina Fire, including purchase orders and other agreements, contract reports, bid scopes and other documents specifically delineating Sirina Eire's work at its projects, as well as documents relating to additional, or change order work performed by Sirina Fire and other documents in connection with its projects work, such as labor reports, correspondence and other documents, all of which show the specific sprinkler work performed by Sirina Fire, and where and when the sprinkler work was performed. 6. As I testified during my deposition in connection with this matter, I conducted a search of all records relating to all of the projects worked on by Sirina Fire at the Premises dating back to 2005. 7. Sirina Fire's work at the Premises had nothing to do with the door framing. Moreover, Sirina Fire did not work in any capacity on the Floor of the Premises after early 2006, more than five years before Plaintiff's accident. 8. Sirina Fire's work at the Premises involved two separate jobs. The first job entailed a contract entered into between Sirina Fire and Hunter Roberts for sprinkler system work on the 14th _ 7th floors, of the Premises (the Hunter Roberts Project). Sirina Fire entered into a contract with Hunter Roberts on or about August 4, 2005, almost six years prior to Plaintiff's alleged accident. A copy of the Hunter Roberts New AFFIDAVIT IN SUPPORT PAGE 2 2 of 5
Contract Report, dated August 4, 2005, showing the full scope of Sirina Fire's work in connection with the Hunter Roberts Project, is attached as Exhibit 1. 9. Specifically, the Hunter Roberts Project required Sirina Fire to cut and cap existing sprinkler systems and convert existing concealed sprinkler heads into temporary uprights on the 14th th floors, as Well as at the cellar of the Premises. (Exhibit 1). On or about July 21, 2005, Sirina submitted a change proposal in connection with additional work required for the Hunter Roberts Project, however this additional work was limited to the 10th 10'"; th and 12th floors of the Premises. A copy of the Change Proposal, dated July 21, 2005, is attached as Exhibit 2. 10. The Hunter Roberts Project, including all change orders and/or modifications, was limited to sprinkler work, and was completed to the satisfaction of Hunter Roberts and paid in full in early 2006, more than five years before the alleged accident. 11. Sirina Fire returned to the Premises in 2010 to perform additional sprinkler installation work, this time for JRM Construction (JRM), for a job called Solidus Holdings (the Solidus Project). A copy of the Purchase Order dated September 23, 2010 entered into between Sirina Fire and JRM pertaining to the Solidus Project, including the Purchase Order Attachment showing Sirina Fire's scope of work, is attached as Exhibit 3. Again, Sirina Fire's work pertained only to sprinkler work and was to cut and cap existing sprinkler systems and to make connections to the existing systems. None of Sirina Fire's work in connection with the Solidus Project was located at, or even involved, the FlOOr of the Premises. Copies of the New Contract Report pertaining to the September 23, 2010 Purchase Order, invoices, bid breakdown, labor reports AFFIDAVIT IN SUPPORT PAGE 3 3 of 5
(showing that the work was completed well before Plaintiff's accident) and correspondence, all pertaining to the Solidus Project, are collectively attached as Exhibit 4. 12. Sirina Fire performed additional work for JRM in connection with the Solidus Project, however this work was to furnish and install an additional sprinkler head in the bathroom closet on the first floor of the Premises. Copies of the Sirina Fire Change Proposal, Purchase Order for the additional work, invoice and other documents are collectively attached as Exhibit 5. 13. All of Sirina Fire's work in connection with the Solidus Project was completed on or about May 25, 2011, almost six months before Plaintiff's accident (Exhibits 4-5) and did not include any work on the floor. 14. At no point in connection with any of its work at the Premises, whether for the Hunter Roberts Project or the Solidus Project, was Sirina Fire ever engaged in or performed any work relating to, or involving, door frames or doors in any manner whatsoever at the Premises. Sirina Fire's scope of work at the Premises, which pertained only to the Hunter Roberts and Solidus Projects, was for sprinkler work and had no involvement whatsoever with any door frames at the Premises. 15. Additionally, all of Sirina Fire's work at the FlOOr Of the Premises, where I understand Plaintiff's accident occurred, was completed more than five years prior to Plaintiff's accident and Sirina Fire was not involved in any other construction at, or was even present at, the floor of the Premises anytime thereafter. 16. Furthermore, Sirina Fire had no responsibility whatsoever with regard to routine maintenance on the floor, Or any other floors at the Premises and none of AFFIDAVIT IN SUPPORT PAGE 4 4 of 5
the Purchase Orders or other documents showing Sirina Fire's work at the Premises state that it had this responsibility. 17. Accordingly, because Sirina Fire completed its work on the 15* floor of the Premises at least five years prior to the accident and because Sirina Fire did not perform any work related to the piece of metal door framing which was alleged to cause Plaintiff's accident, Sirina Fire cannot be responsible for the condition which allegedly caused or contributed to Plaintiff's alleged accident. 18. For these reasons, I respectfully request that the Court grant Sirina Fire's motion for summary judgment in its entirety. SWORN TO BEFORE ME THIS ADAY OF MARCH, 2018 Da id Kuehn No ary Public My commission expires: TAVIA MYRIC Notary Public, State of NewYodt No.01MY6180056 No. Qualified in Kings County Commission Expires February 8,25 ~ AFFIDAVIT IN SUPPQRT PAGE 5 5 of 5