1211312009

NEW YQRK

YOU ARE HEREBY S U M M O & Q m w m i n 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 Plaintiffs' attorneys %itfin 20'days after the 'sei-Gice of this summons,
ixclusive of the day of service (or within 30 days after the service is complete 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, judgment will be taken against you by default for the relief demanded in the
complaint.

Plaintiff designates New York County as the place of trial.

The basis of venue is Defendant's Address: 725 5thAvenue, New York NY
The relief sought is monetary damages.
PLAINITFF RESIDES AT: 1045 Franklin Avenue, Valley Stream, New York
DEFENANT'S ADDRESS: Donald Trump 725 5thAvenue, New York, NY
T m p Palace, 200 East 69thStreet, New York NY
Trump Organization, LLC c/o Secretary of State, Albany,
?
New Y ork
The Trump Organization, Inc., c/o Secretary of State,
Albany, New York
Dated: Mineola, New York
February 9,2009
DALL1 & MAFUNO, L.L.P.
Attorneys for Plaintiff
Office and P.O. Address
23 1 Mineola Boulevard
Mineola, New York 11501
Telephone No.: (5 16) 292-4700

Supreme Court Records OnLine Library - page 1 of 18

Plaintiffs,

VERIFIED
COMPLAINT

-againstDONALD J. TRUMP, Individually and d/b/a

TRUMP PALACE COMPANY, TRUMP
ORGANIZATION, LLC and THE TRUMP
ORGANIZATION, INC,,
Defendants.

Plaintiff, IVAN DORADOR, by his attorneys, DALL1 & MARINO, LLP, complaining ofthe
defendants, DONALD J. TRUMP, Individually and d/b/a TRUMP PALACE COMPANY, TRUMP
ORGANIZATION,LLC and THE TRUMP ORGANIZATION,INC., upon information and belief,
alleges as follows:

AS AND FOR A FIRST CAUSE OF ACTION

1. Plaintiff is a natural person residing in the State of New York, County of Nassau.
2. Defendant DONALD J. TRUMP, is a natural person residing in the State and County of New

York.

3. Defendant TRUMP PALACE COMPANY is a business of unknown type with a principal place
of business located at 200 East 69thStreet, in the County and State of New York.

Supreme Court Records OnLine Library - page 2 of 18

-.

4.Defendant TRUMP ORGANIZATION, LLC was and is a domestic limited liability company
duly formed and authorized under the laws of the State of New York.
5 . Defendant THE TRUMP ORGANIZATION, INC.was and is a domestic business corporation

duly formed and authorized under the laws of the State of New York.
6 . Upon information and belief, on and prior to April 2,2007, Defendant, DONALD J. TRUMP,
was the owner of the building known as and by the street address 200 East 69* Street, in the

County and State of New York, hereinafter, ((the premises).

7. Upon information and belief, on and prior to April 2,2007, Defendant, TRUMP PALACE
COMPANY, was the owner of the premises.

8. Upon information and belief, on and prior to April 2,2007, Defendant, TRUMP
ORGANIZATION, LLC, was the owner of the premises.

9. Upon information and belief, on and prior to April 2,2007, Defendant, THE TRUMP
ORGANIZATION, INC.,was the owner of the premises.
10. Upon information and belief, on and prior to April 2,2007, Defendant, DONALD J.

TRUMP, managed the premises.

11. Upon information and belief, on and prior to April 2,2007, Defendant, TRUMP PALACE
COMPANY, managed the premises.
12. Upon information and belief, on and prior to April 2,2007, Defendant, TRUMP

ORGANIZATION, LLC, managed the premises.

13. Upon information and belief, on and prior to April 2,2007, Defendant, THE TRUMP
ORGANIZATION, INC., managed the premises.
2

Supreme Court Records OnLine Library - page 3 of 18

14. Upon information and belief, on and prior to April 2,2007, Defendant, DONALD J.

TRUMP was in possession of the premises.

15 . Upon information and belief, on and prior to April 2,2007, Defendant, TRUMP PALACE

COMPANY was in possession of the premises.

16. Upon information and belief, on and prior to April 2,2007, Defendant, TRUMP

ORGANIZATION, LLC was in possession of the premises.

17. Upon information and belief, on and prior to April 2,2007, Defendant, THE TRUMP

ORGANIZATION, INC. was in possession of the premises.

18. Upon information and belief, on and prior to April 2,2007, Defendant, DONALD J.

TRUMP controlled the premises.

19. Upon information and belief, on and prior to April 2,2007, Defendant, TRUMP PALACE

COMPANY controlled the premises.

20. Upon information and belief, on and prior to April 2,2007, Defendant, TRUMP
ORGANIZATION, LLC controlled the premises.

2 1. Upon information and belief, on and prior to April 2,2007, Defendant, THE TRUMP
ORGANIZATION, INC.controlled the premises.

22. At all times hereinafter mentioned, and more particularly on April 2,2007, Aztec Metal
Maintenance Corp., was engaged by Defendant DONALD J. TRUMP to perform certain cleaning
and polishing of the premises.

Supreme Court Records OnLine Library - page 4 of 18

23. At all times hereinafter mentioned, and more particularly on April 2,2007, Aztec Metal
Maintenance Corp., was engaged by Defendant TRUMP PALACE COMPANY to perform
certain cleaning and polishing of the premises.

24. At all times hereinafter mentioned, and more particularly on April 2,2007, Aztec Metal
Maintenance Corp., was engaged by Defendant TRUMP ORGANIZATION, LLC to perfom
certain cleaning and polishing of the premises.

25. At all times hereinafter mentioned, and more particularly on April 2,2007, Aztec Metal

Maintenance Corp., was engaged by Defendant THE TRUMP ORGANIZATION, INC. to

perform certain cleaning and polishing of the premises.
26. At all times hereinafter mentioned, and more particularly on April 2,2007, Plaintiff, IVAN

DORADOR, was employed by Aztec Metal Maintenance Corp.

27. At all times hereinafter mentioned, and more particularly on April 2,2007, Plaintiff IVAN
DORADOR was at the premises, in the course of his employment with Aztec Metal Maintenance

Corp. for the purpose of performing cleaning of certain portions of the premises as alleged above.

28. On or about April 2,2007, Plaintiff IVAN DORADOR utilized a scaffold at the premises to
perform cleaning and polishing.
29. On or about April 2,2007, Plaintiff IVAN DORADOR was caused to fall from said scaffold
sustaining severe personal injuries.
30. The aforesaid occurrence was caused by and due to the violation by Defendant, DONALD J.

TRUMP, of Section 240 of the Labor Law of the State of New York, in that Defendant
DONALD J. TRUMP, failed to furnish Plaintiff or erect or cause to have furnished or erected for
4

Supreme Court Records OnLine Library - page 5 of 18

the performance of Plaintiffs labor, a scaffold or other device so constructed ,placed and
operated as to give Plaintiff proper protection.
3 1. Defendant, DONALD .I.
TRUMP, had a non-delegable duty to Plaintiff, IVAN DORADOR,

to provide him with a safe place to work and to see that all areas in which cleaning and or
polishing were being performed were constructed, shored, equipped, guarded, arranged, operated
and conducted as to provide reasonable and adequate protection to persons employed on the
premises as required by Section 241 of the New York State Labor Law.

32. The aforesaid occurrence was caused by and due to the violation by Defendant, DONALD J.
TRUMP of Sections 240 and 241 of the Labor Law of the State of New York.
33. The aforesaid occurrence was caused by and due to the violation by Defendant, TRUMP

PALACE COMPANY, of Section 240 of the Labor Law of the State of New York, in that
Defendant TRUMP PALACE COMPANY, failed to furnish Plaintiff or erect or cause to have
furnished or erected for the performance of PlaintifPs labor, a scaffold or other device so
constructed ,placed and operated as to give Plaintiff proper protection.

34. Defendant, TRUMP PALACE COMPANY, had a non-delegable duty to Plaintiff, IVAN
DORADOR, to provide him with a safe place to work and to see that all areas in which cleaning

and or polishing were being performed were constructed, shored, equipped, guarded, arranged,
operated and conducted as to provide reasonable and adequate protection to persons employed on
the premises as required by Section 241 of the New York State Labor Law.
35. The aforesaid occurrence was caused by and due to the violation by Defendant, TRUMP

PALACE COMPANY of Sections 240 and 241 of the Labor Law of the State of New York.
5

Supreme Court Records OnLine Library - page 6 of 18

36. The aforesaid occurrence was caused by and due to the violation by Defendant, TRUMP
ORGANIZATION, LLC, of Section 240 of the Labor Law of the State of New York, in that

Defendant TRUMP ORGANIZATION, LLC, failed to furnish Plaintiff or erect or cause to have
furnished or erected for the performance of Plaintiffs labor, a scaffold or other device so
constructed ,placed and operated as to give Plaintiff proper protection.

37. Defendant, TRUMP ORGANIZATION,LLC, had a non-delegable duty to Plaintiff, IVAN

DORADOR, to provide him with a safe place to work and to see that all areas in which cleaning
and or polishing were being performed were constructed, shored, equipped, guarded, arranged,
operated and conducted as to provide reasonable and adequate protection to persons employed on
the premises as required by Section 241 of the New York State Labor Law.
38. The aforesaid occurrence was caused by and due to the violation by Defendant, TRUMP

ORGANIZATION,LLC of Sections 240 and 241 of the Labor Law of the State of New York.
39. The aforesaid occurrence was caused by and due to the violation by Defendant, THE TRUMP

ORGANIZATION, INC.,of Section 240 of the Labor Law of the State of New York, in that

Defendant THE TRUMP ORGANIZATION, N C . , failed to furnish Plaintiff or erect or cause to

have furnished or erected for the performance of Plaintiff's labor, a scaffold or other device so
constructed, placed and operated as to give Plaintiff proper protection.
40. Defendant, THE TRUMP ORGANIZATIONyINC., had a non-delegable duty to Plaintiff,

IVAN DORADOR, to provide him with a safe place to work and to see that all areas in which

cleaning and or polishing were being performed were constructed, shored, equipped, guarded,

Supreme Court Records OnLine Library - page 7 of 18

arranged, operated and conducted as to provide reasonable and adequate protection to persons
employed on the premises as required by Section 241 of the New York State Labor Law.
41, The aforesaid occurrence was caused by and due to the violation by Defendant, THE TRUMP
ORGANIZATION, INC. of Sections 240 and 241 of the Labor Law of the State of New York.
42. That Defendant, DONALD J. TRUMP, breached his duty under Sections 240 and 241 of the

Labor Law to Plaintiff, IVAN DORADOR.

43. As a result of the breach of DONALD J. TRUMP'S duty under Sections 240 and 241 of the

New York State Labor Law on April 2,2007, Plaintiff suffered severe injuries to his body
requiring surgery and extensive medical care.
44. That Defendant, TRUMP PALACE COMPANY, breached its duty under Sections 240 and
241 of the Labor Law to Plaintiff, IVAN DORADOR.
45. As a result of the breach of TRUMP PALACE COMPANY'Sduty under Sections 240 and
241 of the New York State Labor Law on April 2,2007, Plaintiff suffered severe injuries to his
body requiring surgery and extensive medical care.
46. That Defendant, TRUMP ORGANIZATION, LLC, breached its duty under Sections 240 and

241 of the Labor Law to Plaintiff, IVAN DORADOR.

47. As a result of the breach of TRUMP ORGANIZATION, LLC's duty under Sections 240 and

241 of the New York State Labor Law on April 2,2007, Plaintiff suffered severe injuries to his
body requiring surgery and extensive medical care.
48, That Defendant, THE TRUMP ORGANIZATION, INC., breached its duty under Sections

240 and 241 of the Labor Law to Plaintiff, IVAN DORADOR.

7

Supreme Court Records OnLine Library - page 8 of 18

49.As a result of the breach of THE TRUMP ORGANIZATION, INC.'s duty under Sections 240
and 241 of the New York State Labor Law on April 2,2007, Plaintiff suffered severe injuries to
his body requiring surgery and extensive medical care.
AS AND FOR A SECOND CAUSE OF ACTION
50. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs

numbered 1 through "49" inclusive with full force and effect as if repeated at length herein.
I'

5 1, That on April 2,2007, while Plaintiff was lawfdly and carefully working upon the said

premises, at the direction of defendant, DONALD J. TRUMP, his agents, servants, and
employees, it became necessary for this Plaintiff to utilize a scaffold at the premises.
52. That the aforementioned Defendant, DONALD J. TRUMP unmindful of his duty and

obligation to furnish and provide this Plaintiff with a reasonably safe place to work, had
negligently and carelessly and in violation of Section 200 of the New York State Labor Law,
failed and omitted to provide proper safety equipment, covers, barriers, railings and other
equipment to prevent Plaintiff from falling from the scaffold.
53. That on April 2,2007, while Plaintiff was lawfully and carefully working upon the said

premises, at the direction of defendant, TRUMP PALACE COMPANY, their agents, servants,
and employees, it became necessary for this Plaintiff to utilize a scaffold at the premises.
54. That the aforementioned Defendant, TRUMP PALACE COMPANY unmindful of their duty

and obligation to furnish and provide this Plaintiff with a reasonably safe place to work, had

negligently and carelessly and in violation of Section 200 of the New York State Labor Law,

Supreme Court Records OnLine Library - page 9 of 18

failed and omitted to provide proper safety equipment, covers, barriers, railings and other
equipment to prevent Plaintiff from falling from the scaffold.
55. That on April 2,2007, while Plaintiff was lawfully and carefully working upon the said

premises, at the direction of defendant, TRUMP ORGANIZATION, LLC, their agents, servants,
and employees, it became necessary for this Plaintiff to utilize a scaffold at the premises.

56. That the aforementioned Defendant, TRUMP ORGANIZATION, LLC unmindful of their
duty and obligation to furnish and provide this Plaintiff with a reasonably safe place to work, had

negligently and carelessly and in violation of Section 200 of the New York State Labor Law,
failed and omitted to provide proper safety equipment, covers, barriers, railings and other
equipment to prevent Plaintiff from falling from the scaffold.
57. That on April 2,2007, while Plaintiff was lawfully and carefully working upon the said

premises, at the direction of defendant, THE TRUMP ORGANIZATION, INC., their agents,
servants, and employees, it became necessary for this Plaintiff to utilize a scaffold at the
premises.
58. That the aforementioned Defendant, THE TRUMP ORGANIZATION, INC. unmindful of

their duty and obligation to furnish and provide this Plaintiff with a reasonably safe place to
work, had negligently and carelessly and in violation of Section 200 of the New York State Labor

Law, failed and omitted to provide proper safety equipment, covers, barriers, railings and other
equipment to prevent Plaintiff from falling from the scaffold.
59. That Defendant, DONALD J. TRUMP, breached his duty under Section 240 of the Labor

Law to Plaintiff, IVAN DORADOR.

9

Supreme Court Records OnLine Library - page 10 of 18

60. As a result of the breach of DONALD J. TRUMP'S duty under Section 240 of the Labor Law

on April 2,2007, Plaintiff suffered severe injuries to his body requiring surgery and extensive
medical care.
61. That Defendant, TRUMP PALACE COMPANY, breached its duty under Section 240 of the
Labor Law to Plaintiff, IVAN DORADOR.
62. As a result of the breach of TRUMP PALACE COMPANY'S duty under Section 240 of the
Labor Law on April 2,2007, Plaintiff suffered severe injuries to his body requiring surgery and
extensive medical care.
63. That Defendant, TRUMP ORGANIZATION, LLC, breached its duty under Section 240 of
the Labor Law to Plaintiff, IVAN DORADOR.
64. As a result of the breach of TRUMP ORGANIZATION, LLC's duty under Section 240 of the
Labor Law on April 2,2007, Plaintiff suffered severe injuries to his body requiring surgery and
extensive medical care.

65. That Defendant, THE TRUMP ORGANIZATION, INC., breached its duty under Section
240 of the Labor Law to Plaintiff, IVAN DORADOR.
66. As a result of the breach of THE TRUMP ORGANIZATION, INC.'s duty under Section 240
of the Labor Law on April 2,2007, Plaintiff suffered severe injuries to his body requiring surgery

and extensive medical care.

AS AND FOR A THIRD CAUSE OF ACTION

67. Plaintiff repeats, reiterates and realleges the allegations contained in the paragraphs numbered
and design " 1" through "66"inclusive with full force and effect as if repeated at length herein.
10

Supreme Court Records OnLine Library - page 11 of 18

68. Defendants, DONALD J. TRUMP, breached his duty to furnish Plaintiff, IVAN DORADOR,

with a reasonably safe place within which to do and perform the work required of him upon the
aforementioned premises, and by a suitable and proper inspection to keep and maintain the same
in a reasonable, safe, and secure condition. and it was the duty of this Defendant to provide and
ensure a safe work environment including proper scaffolds and other equipment to prevent
Plaintiff from falling from the aforementioned scaffold.
69. Defendants, TRUMP PALACE COMPANY, breached their duty to furnish Plaintiff, IVAN

DORADOR, with a reasonably safe place within which to do and perfom the work required of

him upon the aforementioned premises, and by a suitable and proper inspection to keep and
maintain the same in a reasonable, safe, and secure condition. and it was the duty of this
Defendant to provide and ensure a safe work environment including proper scaffolds and other
equipment to prevent Plaintiff from falling from the aforementioned scaffold.

70. Defendants, TRUMP ORGANIZATION, LLC, breached their duty to furnish Plaintiff, IVAN
DORADOR, with a reasonably safe place within which to do and perform the work required of
him upon the aforementioned premises, and by a suitable and proper inspection to keep and

maintain the same in a reasonable, safe, and secure condition. and it was the duty of this
Defendant to provide and ensure a safe work environment including proper scaffolds and other
equipment to prevent Plaintiff from falling from the aforementioned scaffold.

71. Defendants, THE TRUMP ORGANIZATION, INC.,breached their duty to furnish Plaintiff,
IVAN DORADOR, with a reasonably safe place within which to do and perform the work

required of him upon the aforementioned premises, and by a suitable and proper inspection to
11

Supreme Court Records OnLine Library - page 12 of 18

keep and maintain the same in a reasonable, safe, and secure condition. and it was the duty of this
Defendant to provide and ensure a safe work environment including proper scaffolds and other
equipment to prevent Plaintiff from falling from the aforementioned scaffold.
72. That the aforementioned Defendant, DONALD J. TRUMP unmindful of his duty and

obligation to furnish and provide this Plaintiff with a reasonably safe place to work, exercised
control over the aforementioned repair work and negligently and carelessly and in violation of
Section 200 and related statutes laws and ordinances of the New York State Labor Law, failed to
provide Plaintiff a safe place to work.
73. That the aforementioned Defendant, TRUMP PALACE COMPANY unmindful of their duty

and obligation to furnish and provide this Plaintiff with a reasonably safe place to work,
exercised control over the aforementioned repair work and negligently and carelessly and in
violation of Section 200 and related statutes laws and ordinances of the New York State Labor
Law, failed to provide Plaintiff a safe place to work.
74. That the aforementioned Defendant, TRUMP ORGANIZATION, LLC unmindful of their

duty and obligation to furnish and provide this Plaintiff with a reasonably safe place to work,
exercised control over the aforementioned repair work and negligently and carelessly and in
violation of Section 200 and related statutes laws and ordinances of the New York State Labor
Law, failed to provide Plaintiff a safe place to work.
75. That the aforementioned Defendant, THE TRUMP ORGANIZATION, NC.unmindful of

their duty and obligation to furnish and provide this Plaintiff with a reasonably safe place to
work, exercised control over the aforementioned repair work and negligently and carelessly and
12

Supreme Court Records OnLine Library - page 13 of 18

in violation of Section 200 and related statutes laws and ordinances of the New York State Labor
Law, failed to provide Plaintiff a safe place to work.
76. That on April 2,2007, while Plaintiff was performing his duties and in accordance with the

instructions of Defendant, DONALD J. TRUMP, his agents, servants, and employees, Plaintiff
was caused to fall as a result of Defendant's failure to provide adequate safety equipment and a
safe working environment.
77. That as a result of DONALD J. TRUMP'Sbreach of its duties under Section 200 and related

sections of the Labor Law of New York State, Plaintiff has suffered serious injuries.
78. That on April 2,2007, while Plaintiff was performing his duties and in accordance with the

instructions of Defendant, TRUMP PALACE COMPANY, their agents, servants, and

employees, Plaintiff was caused to fall as a result of Defendant's failure to provide adequate
safety equipment and a safe working environment.
79. That as a result of TRUMP PALACE COMPANY'Sbreach of its duties under Section 200
and related sections of the Labor Law of New York State, Plaintiff has suffered serious injuries.
SO. That on April 2,2007, while Plaintiff was performing his duties and in accordance with the

instructions of Defendant, TRUMP ORGANIZATION, LLC, their agents, servants, and

employees, Plaintiff was caused to fall as a result of Defendant's failure to provide adequate
safety equipment and a safe working environment.
8 1. That as a result of TRUMP ORGANIZATION, LLC's breach of its duties under Section 200
and related sections of the Labor Law of New York State, Plaintiff has suffered serious injuries.

13

Supreme Court Records OnLine Library - page 14 of 18

'.

82. That on April 2,2007, while Plaintiff was performing his duties and in accordance with the

instructions of Defendant, THE TRUMP ORGANIZATION, INC., their agents, servants, and
employees, Plaintiff was caused to fall as a result of Defendant's failure to provide adequate
safety equipment and a safe working environment.
83. That as a result of THE TRUMP ORGANIZATION, INC.'s breach of its duties under Section
200 and related sections of the Labor Law of New York State, Plaintiff has suffered serious
injuries.
84. That the accident and the injuries and damages resulting to Plaintiff IVAN DORADOR was
caused solely by the negligence of Defendants, DONALD J. TRUMP, TRUMP PALACE
COMPANY, TRUMP ORGANIZATION, LLC and THE TRUMP ORGANIZATION, INC., and

not caused due to any carelessness or negligence on the part of the Plaintiff IVAN DORADOR.

85. That as a result of the foregoing negligent acts, omissions, and breaches of duties by the
Defendants, DONALD J. TRUMP, TRUMP PALACE COMPANY, TRUMP
ORGANIZATION, LLC and THE TRUMP ORGANIZATION, INC.,Plaintiff has been
damaged in a s u m that exceeds the jurisdiction of any and all lower courts.

WHEREFORE, plaintiff demands judgment against the Defendants in the

aforementioned causes of action in an amount that exceeds the jurisdiction of any and all lower
courts together with costs and disbursements of this action.
Dated: Mineola, New York
February 4,2009
Yours, etc,

14

Supreme Court Records OnLine Library - page 15 of 18

J&N DALLI, ESQ.

DALLI & MARINO, LLP.
Attorneys for Plaintiff
IVAN DORADOR
Office and P.O. Address
23 1 Mineola Boulevard
Mineola, New York 1 1501
5 16/292-4700

15

Supreme Court Records OnLine Library - page 16 of 18

VERIFICATION

STATE OF NEW YORK

)
)

COUNTY OF NASSAU

ss.:

I, Ivan Dorador, being sworn says:

I am the Plaintiff in the action herein: I am over the age of eighteen (1 8) years; I

have read the attached Summons and Verified Complaint and know the contents thereof
and the same are true to my knowledge, except those matters therein which are stated to
be alleged on information and belief, and as to those matters I believe them to be true,

On the $ $ l a y of

in the year 2009 before me, the undersigned p rsonall!

appeared, IVAN DORADOR, personally known to me or proved to me on the basis of

satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that hdshe executed the same in hisher capacity,

sher signature on the instrument, the individual, or the person upon behalf
executed the instrument.

ARYPUBLIC

Supreme Court Records OnLine Library - page 17 of 18

VERIFIED SUMMONS & C O M P L ~ LE

D
I

Attorneys for Plainti's

231 Mineola Blad.
Mineola, NY 22502
(516)2 92-4 700

Certification Pursuant to 22 NYCRR 5 130-1.la(b)

I hereby certify pursuant to 22 NYCRR 5 130-l.la(b) that, to the best of my knowledge,
information and belief, formed after an inquiry reasonable under the circumstances, the
presentation of the papers herein or the contentions therein are not frivolous as defined in 22
NYCRR 0 130-1.1(~):

y: John Dalli , Esq.

Supreme Court Records OnLine Library - page 18 of 18