2024 David Dejac Et Al V 743 Main Street LLC Et Al COMPLAINT 2

FILED: ERIE COUNTY CLERK 02/13/2024 01:06 PM INDEX NO.
802302/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/13/2024
STATE OF NEW YORK

SUPREME COURT : COUNTY OF ERIE
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DAVID DEJAC, and
DOUGLAS CASKEY,
Plaintiffs,
COMPLAINT
-vs- Index No. _____
743 MAIN STREET LLC, and

JP CONTRACTING OF WNY LLC,
Defendants.
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The plaintiffs, DAVID DEJAC, and DOUGLAS CASKEY (“plaintiffs”), by
their attorneys, CONNORS LLP, for their complaint against defendants, 743 MAIN
STREET LLC and JP CONTRACTING OF WNY, LLC, allege that:
1. On the morning of March 1, 2023, plaintiffs’ business, DC Theatricks,
burned to the ground because of the defendants’ negligence.
2. With it, more than 40 years of hard work went up in smoke.
3. For more than four decades, DC Theatricks was a fixture in downtown
Buffalo through which its owners were able to pursue their passions while creating
jobs, community engagement, and fostering appreciation for the arts.
4. As a result of defendants’ negligence as set forth below, plaintiffs have
lost not only their business, but their life’s work.
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FILED: ERIE COUNTY CLERK 02/13/2024 01:06 PM INDEX NO. 802302/2024
THE PARTIES
5. At all times mentioned herein, plaintiff, David Dejac, was and is a
resident of the City of Buffalo, County of Erie, and State of New York.
6. At all times mentioned herein, plaintiff, Douglas Caskey, was and is a
resident of the Town of Tonawanda, County of Erie, and State of New York.
7. As of March 1, 2023 and for some time prior thereto, plaintiffs, David
Dejac and Douglas Caskey owned and operated DC Theatricks, located at 747 Main
Street, Buffalo, New York 14203.
8. As of March 1, 2023, DC Theatricks, a family owned costume shop, had
been operating in downtown Buffalo for more than 40 years. In addition to
providing costume rentals to customers for Halloween and other holidays, DC
Theatricks provided costumes for school performances, theaters, operas, movies,
and television shows, as well as notable local events such as the World’s Largest
Disco.
9. At all times mentioned herein up to and including March 1, 2023, DC
Theatricks was the plaintiffs’ sole source of revenue.
10. Upon information and belief, at all times mentioned herein, defendant,
743 Main Street LLC (hereinafter “743 Main”) was and is a domestic limited
liability company with its primary place of business located at 701 Seneca Street,
Suite 200, in the City of Buffalo, County of Erie, State of New York.
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11. Upon information and belief, on or about December 15, 2022,
defendant, 743 Main, purchased the premises located at 743 Main Street in the City
of Buffalo, County of Erie, State of New York.
12. Upon information and belief, on or about March 1, 2023 and for some
time prior thereto, defendant, 743 Main, owned the premises located at 743 Main
Street in the City of Buffalo, County of Erie, State of New York.
time prior thereto, the premises located at 743 Main Street in the City of Buffalo,
County of Erie, State of New York was a three-story, mixed-use commercial
structure with an attached single-story warehouse.
14. Upon information and belief, the commercial structure located at 743
Main Street in the City of Buffalo, County of Erie, State of New York is sometimes
known 743/745/747 Main Street.
15. Upon information and belief, the premises located at 743 Main Street
in the City of Buffalo, County of Erie, State of New York also includes and/or
encompasses the 745 Main Street and 747 Main Street premises (hereinafter
referred to in the collective as the “Property”)
time prior thereto, defendant, 743 Main also owned the portions of the Property
that included and/or encompassed the 745 Main Street and 747 Main Street
addresses.
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17. On or about March 1, 2023 and for some time prior thereto, plaintiffs’
business, DC Theatricks, occupied the Property as a tenant in the 747 Main Street
portion of the commercial structure.
time prior thereto, defendant, 743 Main, knew or should have known that plaintiffs’
business, DC Theatricks, occupied the Property as a tenant in the 747 Main Street
portion of the commercial structure.
743 Main Street, owned the Property.
743 Main Street, had the right to control, and, in fact, did control, the Property.
743 Main Street, was responsible for upkeep, maintenance, and repair of the
Property.
JP Contracting of WNY LLC (hereinafter “JP Contracting”), was and is a domestic
limited liability company with its primary place of business located at 701 Seneca
Street, Suite 202, in the City of Buffalo, County of Erie, State of New York.
JP Contracting was and is authorized to conduct business in the State of New York
and is a licensed contractor in the City of Buffalo.
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24. Upon information and belief, defendant, JP Contracting was, and still
is, engaged in the business of general contracting, subcontracting, demolition,
and/or construction.
25. Upon information and belief, at all times mentioned herein, Obel
Santiago was an employee, agent, and/or representative of defendant, JP
Contracting.
26. Upon information and belief, at all times mentioned herein, Obel
Santiago was acting within the scope of his agency and/or employment with
defendant, JP Contracting.
27. Upon information and belief, at all times mentioned herein, Emmanuel
Tirado was an employee, agent, and/or representative of defendant, JP Contracting.
Tirado was acting within the scope of his agency and/or employment with
defendant, JP Contracting.
29. Upon information and belief, at all times mentioned herein, Marc
Sabia was an employee, agent, and/or representative of defendant, JP Contracting.
Sabia was acting within the scope of his agency and/or employment with defendant,
JP Contracting.
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FACTS
31. Upon information and belief, on or about December 15, 2022,
defendant, 743 Main, acquired the Property.
32. Upon information and belief, after purchasing the Property, defendant,
743 Main, was in the process of rehabilitating and developing the Property, which
included both interior and exterior work.
33. Upon information and belief, at some time prior to March 1, 2023,
defendant, 743 Main, entered into a contract with defendant, JP Contracting, under
which JP Contracting, through its employees, agents, contractors, subcontractors,
and/or representatives, would perform demolition, stonework, masonry, brickwork,
renovation, remodeling, and/or other contracting and/or subcontracting services at
the Property.
34. Upon information and belief, on or about March 1, 2023, defendant, JP
Contracting, through its employees, agents, contractors, subcontractors, and/or
representatives, including, but not limited to, Obel Santiago, Emmanuel Tirado,
and Marc Sabia, was present at the Property performing demolition, stonework,
masonry, brickwork, renovation, remodeling, and/or other contracting and/or
subcontracting services at the Property pursuant to its contract with defendant, 743
Main.
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and Marc Sabia, was present at the Property performing demolition, stonework,
subcontracting services at the Property as agent of defendant, 743 Main, acting
with actual and apparent authority to perform said demolition, stonework,
subcontracting services at the Property.
and Marc Sabia, was engaged in performing construction, demolition, renovation,
masonry, stonework, brickwork, and/or other contracting and/or subcontracting
services pursuant to its contract with defendant, 743 Main.
and Marc Sabia, was engaged in performing construction, demolition, renovation,
masonry, stonework, brickwork, and/or other contracting and/or subcontracting
services as agents of defendant 743 Main acting with actual and apparent authority
of defendant, 743 Main, to perform said demolition, stonework, masonry, brickwork,
renovation, remodeling, and/or other contracting and/or subcontracting services at
the Property.
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38. Upon information and belief, on or before March 1, 2023, Obel
Santiago, acting in the scope of his employment with, defendant, JP Contracting,
installed ½ inch plywood with screws to the metal doorframe on the north exterior
door on the north side of the Property, which served as the “rear” or “north”
entrance and/or exit for D.C. Theatricks.
Tirado was working within the scope of his employment with defendant, J.P.
Contracting, at the Property.
Sabia was working within the scope of his employment with defendant, J.P.
Contracting, at the Property.
41. Upon information and belief, on or about March 1, 2023, Emmanuel
Tirado and/or Marc Sabia and/or other employees, agents, contractors,
subcontractors, and/or representatives of defendant, JP Contracting, while
performing demolition, stonework, masonry, brickwork, renovation, remodeling,
and/or other contracting and/or subcontracting services at the Property pursuant to
JP Contracting’s contract with 743 Main, used, operated, lit, ignited, ran, and or
otherwise utilized a propane tank with an attached propane torch (“propane torch”)
at or near the east side of the north exterior door and parking lot area on the north
side of the Property.
42. Upon information and belief, in addition to using the propane torch as
described above, Emmanuel Tirado and/or Marc Sabia and/or other employees,
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agents, contractors, subcontractors, and/or representatives of defendant, JP
Contracting, simultaneously and in close proximity to the propane torch, used a leaf
blower to remove debris and/or melt ice/snow from the work area at or near the east
side of the north exterior door and parking lot area on the north side of the
Property.
43. Upon information and belief, between 7:25 a.m. and 8:35 a.m. on
March 1, 2023, Emmanuel Tirado and/or Marc Sabia and/or other employees,
agents, contractors, subcontractors, and/or representatives of defendant, JP
Contracting, used the above mentioned propane torch and the leaf blower in close
proximity to each other at and/or near the east side of the north exterior door and
parking lot area on the north side of the Property.
44. Upon information and belief, Emmanuel Tirado and/or Marc Sabia
and/or other employees, agents, contractors, subcontractors, and/or representatives
of defendant, JP Contracting, did not exercise reasonable care in their use of the
propane torch and/or leaf blower.
45. Upon information and belief, the aforementioned use, operation,
lighting, ignition, and/or utilization of the propane torch together with the use
and/or operation of the leaf blower at and/or near the east side of the north exterior
door and parking lot on the north side of the Property on March 1, 2023 caused,
produced, created, and or generated an open flame.
46. Upon information and belief, the open flame caused by the
aforementioned use of a propane torch together with a leaf blower at and/or near
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the east side of the north exterior door and parking lot on the north side of the
Property caused, produced, created, and/or generated a fire inside the north
doorway of the Property, which serves as the “rear” and/or “north” entrance and/or
exit for DC Theatricks.
47. Upon information and belief, the leaf blower used by Emmanuel Tirado
and/or Marc Sabia and/or other employees, agents, contractors, subcontractors,
and/or representatives of defendant, JP Contracting, caused the flames to spread
and accelerate through the interior of the building, including that part of the
building occupied by DC Theatricks, and the fire spread quickly throughout the
entire building.
48. Upon information and belief, defendants not only negligently caused
the fire but failed to act to prevent and/or stop the fire from spreading.
49. As a direct and proximate result of the foregoing, plaintiffs were
caused to sustain, and did sustain, the total loss of their business including, but not
limited to, all inventory, stock, equipment, fixtures, and/or supplies as well as other
actual and consequential damages, in an amount to be determined at trial.
FOR A FIRST CAUSE OF ACTION

AGAINST DEFENDANT, 743 MAIN:
(Negligence)
50. Plaintiffs repeat and reallege each and every allegation in the
foregoing paragraphs with the same force and effect as if fully set forth herein.
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51. Defendant, 743 Main, and/or its employees, agents, contractors,
subcontractors, and/or representatives, owed tenants, lessees, and/or occupants of
the Property, including plaintiffs, a duty of reasonable care to maintain the
Property in a reasonably safe manner.
the Property, including plaintiffs, a duty of reasonable care to act reasonably to
avoid foreseeable harm, including, but not limited to, damage, injury, and/or loss of
property.
the Property, including plaintiffs, a duty of reasonable care to ensure that the
Property complied with applicable fire codes, safety codes, building codes,
standards, rules, and/or regulations.
the Property, including plaintiffs, a non-delegable duty to keep the Property free of
defects and/or dangerous conditions and/or activities that could cause injury to
persons or property.
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the Property, including plaintiffs, a duty to exercise reasonable care in operating,
maintaining, repairing, remodeling, demolishing, and/or renovating the Property.
the Property, including plaintiffs, a duty of reasonable care to vet, monitor, oversee,
supervise, and/or inspect persons and/or entities it hired, enlisted, contracted,
and/or subcontracted to perform work at the property to ensure that the services
performed by those persons and/or entities hired, enlisted, contracted, and/or
subcontracted to perform work at the Property were carried out in a reasonably safe
manner so as to prevent damages, injuries, harm, and/or loss to the tenants, lessees,
and/or occupants of the Property.
57. Defendant, 743 Main, breached its duty of care to plaintiffs by, inter
alia:
a. Causing and allowing the Property to be in an unsafe, dangerous,

hazardous, defective, and/or neglectful condition;
b. Failing to properly and/or adequately inspect the Property;
c. Failing to have proper and adequate fire suppression systems at
and/or on the Property;
d. Failing to have proper, adequate, and/or operable fire panels, pull
stations, smoke detectors, fire extinguishers, and/or sprinkler
systems at and/or on the Property.
e. Failing to have a monitored fire protection system with adequate
detection and annunciation throughout the Property;
f. Failing to properly label inoperable pull stations;
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g. Failing to warn of inadequate, improper, inoperable, and/or lack of

fire suppression systems at and/or on the Property;
h. Failing to warn of inadequate, improper, inoperable, and/or lack of
fire panels, pull stations, smoke detectors, fire extinguishers, and/or
sprinkler systems at and/or on the Property;
i. Failing to warn of inadequate, improper, inoperable, and/or lack of
a monitored fire protection system with adequate detection and
annunciation throughout the Property;
j. Negligently, carelessly, and/or recklessly owning, possessing,
controlling, maintaining, renovating, and/or repairing the Property
in violation of various statutes, ordinances, rules, codes, regulations
and/or charter provisions;
k. Failing to obtain and/or maintain proper permits for owning,
possessing, controlling, maintaining, renovating, and/or repairing
the Property;
l. Violating and/or failing to comply with and/or follow the National
Fire Protection Association (“NFPA”), Unform Fire Prevention and
Building Code, and/or other fire safety and/or prevention rules,
codes, standards, regulations, and/or guidelines;
m. Failing to establish and/or maintain proper ingress and egress
emergency exit plans and/or routes;
n. Failing to obtain, have, maintain, and/or keep a proper, valid,
and/or current certificate of occupancy for the Property;
o. Failing to inspect the Property;
p. Failing to obtain and/or have proper and adequate City of Buffalo
and/or New York State code inspections;
q. Failing to obtain and/or have proper and adequate City of Buffalo
inspections before proceeding with construction, demolition,
renovation, and/or restoration work at the Property;
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r. Failing to vet, monitor, supervise, and/or inspect persons and/or

entities it hired, enlisted, contracted, and/or subcontracted to
perform work at the property to ensure that the services were
carried out in a reasonably safe manner so as to prevent injury,
damages, loss, or harm to the tenants, lessees, and/or occupants of
the Property;
s. Negligently hiring, enlisting, contracting, and/or subcontracting
persons and/or entities to perform work at the Property;
t. Failing to properly and/or adequately train and/or instruct its
employees, agents, representatives, contractors, and/or
subcontractors;
u. Causing and/or permitting the Property to be in an unsafe,
dangerous, hazardous, defective, and/or neglectful condition;
v. Causing and/or permitting an open flame to exist at or on the
Property;
w. Causing and/or allowing an open flame to exist at or on the
Property without providing a proper fire extinguisher and/or fire
pail filled with a fire extinguishing agent within the easy reach of
workers and within the vicinity of combustible materials;
x. Creating, and/or exacerbating a dangerous condition and/or
launching a force and/or instrument of harm at and/or on the
Property.
y. Being aware of the foregoing dangerous, hazardous, unsafe, and
negligent conditions at the Property and failing to correct, repair,
and/or remedy the same; and
z. Being otherwise negligent, careless, and/or reckless in causing
and/or permitting the March 1, 2023 fire at the Property.
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58. Upon information and belief, defendant, 743 Main, and/or its agents
and/or employees, had actual and constructive notice of the above described
unreasonably dangerous conditions and/or hazards at the Property.
59. Upon information and belief, defendant, 743 Main, and/or its agents
and/or employees, affirmatively created the above described hazardous and
dangerous conditions.
60. As a direct and proximate result of the above-described negligence,
carelessness, recklessness, and/or breach of duty, plaintiffs were caused to suffer,
and did suffer, damages, including, but not limited to, a complete and total loss of
their business, inventory, stock, equipment, fixtures, and/or supplies, as well as
other actual and consequential damages in an amount that exceeds the
jurisdictional limits of all lower courts that would otherwise have jurisdiction.
61. Upon information and belief, the above-described incident and
injuries/damages resulted solely from the negligent, careless, reckless, and/or
otherwise culpable acts of defendant, 743 Main, and/or its agents and/or employees,
and was in no way attributable to any negligence or want of care on the part of
plaintiffs.
62. The above described incident and injuries were a foreseeable
consequence of the negligence, carelessness, recklessness, breach of duty, failure to
use reasonable care, and/or culpable conduct of defendant, 743 Main.
63. As a result of the foregoing, defendant is jointly and severally liable for
all damages suffered by plaintiffs, in an amount to be determined at trial.
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FOR A SECOND CAUSE OF ACTION

AGAINST DEFENDANT, J.P. CONTRACTING
(Negligence)
64. Plaintiffs repeat and reallege each and every allegation in the
foregoing paragraphs with the same force and effect as if fully set forth herein.
65. Defendant, JP Contracting, and/or its employees, agents, contractors,
subcontractors, and/or representatives, owed a duty to tenants, lessees, and/or
occupants of the Property, including plaintiffs, to perform, discharge, and/or carry
out the work, demolition, stonework, masonry, brickwork, renovation, remodeling,
and/or other contracting and/or subcontracting services at the Property in a non-
negligent, reasonably safe manner.
occupants of the Property, including plaintiffs, to use reasonable care in performing
work, demolition, stonework, masonry, brickwork, renovation, remodeling, and/or
other contracting and/or subcontracting services at the Property.
occupants of the Property, including plaintiffs, to avoid and/or refrain from creating
and/or exacerbating a dangerous condition and/or launching a force or instrument of
harm in the course of its performance of work, demolition, stonework, masonry,
brickwork, renovation, remodeling, and/or other contracting and/or subcontracting
services at the Property.
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subcontractors, and/or representatives, owed a duty to the tenants, lessees, and/or
occupants of the Property, including plaintiffs, to perform services pursuant to its
contract with defendant, 743 Main, in a safe and proper manner.
69. Defendant, JP Contracting, was negligent, careless, reckless, and/or
breached its duty of care by, inter alia:
a. Improperly operating, lighting, igniting, using, and/or utilizing a

propane tank with an attached propane torch in close proximity to
combustible materials at and/or near the north exterior doorway of
the Property;
b. Improperly operating, using, and/or utilizing a leaf blower at and/or
near the north exterior doorway of the Property;
c. Improperly operating, lighting, igniting, using and/or utilizing the
above mentioned propane torch and leaf blower in close proximity
to each other and the north exterior door of the building on the
Property;
d. Failing to take caution in their use of the propane torch and/or leaf
blower;
e. Igniting combustible materials inside the exterior north doorway of
the Property;
f. Causing, creating, igniting, and/or permitting an open flame inside
the north doorway of the Property;
g. Causing, permitting, and/or failing to prevent the open flames to
spread and accelerate through the interior of the building on the
Property;
h. Possessing controlling, maintaining, demolishing, renovating,
remodeling, and/or repairing the Property in violation of various
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statutes, ordinances, rules, codes, regulations, and/or charter

provisions;
i. Causing and/or permitting an open flame to exist at and/or on the
Property;
j. Failing to act to contain and/or extinguish the open flame, and/or to
prevent the open flame from accelerating and/or spreading;
k. Causing and/or permitting the open flame to accelerate and/or
spread throughout the interior of the building at and/or on the
Property;
l. Failing to obtain and/or maintain proper permits possessing,
controlling, maintaining, renovating, and/or repairing the Property;
m. Failing to obtain and/or maintain proper permits for performing,
discharging, and/or carrying out the work, construction, renovation,
remodeling, demolition, and/or services pursuant to its contract
with 743 Main;
n. Violating and/or failing to comply with and/or follow the National
Fire Protection Association (“NFPA”), Unform Fire Prevention and
Building Code, and/or other fire safety and/or prevention rules,
codes, standards, regulations, and/or guidelines;
o. Causing and/or allowing an open flame to exist at or on the
Property without providing a proper fire extinguisher and/or fire
pail filled with a fire extinguishing agent within the easy reach of
workers and within the vicinity of combustible materials;
p. Being aware of the foregoing dangerous, hazardous, unsafe, and
negligent conditions at the Property and failing to correct, repair,
and/or remedy the same;
q. Failing to properly and/or adequately train and/or instruct its
employees, agents, representatives, contractors, and/or
subcontractors;
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r. Failing to use reasonable care in hiring, contracting, and/or

subcontracting individuals to perform, discharge, and/or carry out
the work, construction, renovation, remodeling, demolition, and/or
services pursuant to its contract with 743 Main;
s. Failing to vet, monitor, supervise, and/or inspect persons and/or
entities it hired, enlisted, contracted, and/or subcontracted to
perform work at the Property to ensure that the services were
carried out in a reasonably safe manner so as to prevent injury,
damages, harm, and/or loss to the tenants, lessees, and/or
occupants of the Property;
t. Creating, and/or exacerbating a dangerous condition and/or
launching a force and/or instrument of harm at and/or on the
Property; and
u. Being otherwise negligent, careless, and/or reckless in causing
and/or permitting the March 1, 2023 fire at the Property.
70. Upon information and belief, defendant, JP Contracting, and/or its
agents and/or employees, knew or should have known that the above described
negligence, carelessness, recklessness, and breach of duty would result in harm to
plaintiffs.
agents and/or employees, had actual and constructive notice of the above described
unreasonably dangerous conditions and/or hazards at the Property.
agents and/or employees, affirmatively created the above described hazardous and
dangerous conditions.
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carelessness, recklessness, and/or breach of duty, plaintiffs were caused to suffer,
and did suffer, damages, including, but not limited to, a complete and total loss of
their business, inventory, stock, equipment, fixtures, and/or supplies, as well as
other actual and consequential damages in an amount that exceeds the
jurisdictional limits of all lower courts that would otherwise have jurisdiction.
74. Upon information and belief, the above-described incident and
injuries/damages resulted solely from the negligent, careless, reckless, and/or
otherwise culpable acts of defendant, JP Contracting, and/or its agents and/or
employees, and was in no way attributable to any negligence or want of care on the
part of plaintiffs.
75. The above described incident and injuries were a foreseeable
consequence of the negligence, carelessness, recklessness, breach of duty, failure to
use reasonable care, and/or culpable conduct of defendant, JP Contracting.
all injuries and damages suffered by plaintiffs, in an amount to be determined at
trial.
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FOR A THIRD CAUSE OF ACTION

AGAINST DEFENDANT, 743 MAIN
(Agency/Vicarious Liability)
77. Plaintiffs repeat and reallege each allegation above as if set forth in
full herein.
78. The above-described incident and injuries/damage to plaintiffs were
caused, in whole and/or in part, by the negligent, careless, reckless, and or
otherwise culpable acts and/or omissions of defendant, JP Contracting, and/or its
employees, agents, contractors, subcontractors, and/or representatives, in the course
of performing work, demolition, stonework, masonry, brickwork, renovation,
remodeling, and/or other contracting and/or subcontracting services at the Property
pursuant to its contract with defendant, 743 Main.
subcontractors, and/or representatives, acted as agent(s) of defendant, 743 Main, at
all times during performance of the aforesaid work, demolition, stonework,
subcontracting services at the Property.
subcontractors, and/or representatives, acted within the scope of it/their agency
with defendant, 743 Main, at all times during performance of the aforesaid work,
demolition, stonework, masonry, brickwork, renovation, remodeling, and/or other
contracting and/or subcontracting services at the Property.
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subcontractors, and/or representatives, acted with actual and/or apparent authority
as agent of defendant, 743 Main, at all times during performance of the aforesaid
other contracting and/or subcontracting services at the Property.
82. At all times during performance by defendant, JP Contracting, of the
aforesaid work, demolition, stonework, masonry, brickwork, renovation, remodeling,
and/or other contracting and/or subcontracting services at the Property, defendant,
743 Main, was, and acted as, defendant, JP Contracting’s principal.
83. As principal of defendant, JP Contracting, defendant, 743 Main, is
liable for the negligence, carelessness, recklessness, and/or breach of duty of
defendant, JP Contracting and/or its employees, agents, contractors, subcontractors,
and/or representatives.
84. As principal of defendant, JP Contracting, defendant, 743 Main, is
liable for the injuries and/or damages resulting from the negligence, carelessness,
recklessness, and/or breach of duty of defendant, JP Contracting.
carelessness, recklessness, and/or breach of duty of 743 Main’s agent, JP
Contracting, plaintiffs were caused to suffer, and did suffer, damages, including, but
not limited to, a complete and total loss of their business, inventory, stock,
equipment, fixtures, and/or supplies, as well as other actual and consequential
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damages in an amount that exceeds the jurisdictional limits of all lower courts that
would otherwise have jurisdiction.
all injuries and damages suffered by plaintiffs, in an amount to be determined at
trial.
FOR A FOURTH CAUSE OF ACTION

AGAINST DEFENDANT, J.P. Contracting
(Agency/Vicarious Liability)
87. Plaintiffs repeat and reallege each allegation above as if set forth in
full herein.
88. The above-described injuries and damage to plaintiffs were caused, in
whole and/or in part, by the negligent, careless, reckless, and or otherwise culpable
acts and/or omissions of defendant, JP Contracting, and/or its employees, agents,
contractors, subcontractors, and/or representatives, in the course of performing
other contracting and/or subcontracting services at the Property pursuant to its
contract with defendant, 743 Main.
89. As noted above, the injuries and/or damages alleged herein were
caused, in whole or in part, by the negligence, carelessness, and/or recklessness of
employees, agents, contractors, subcontractors, and/or representatives of defendant,
JP Contracting, including, but not limited to, Obel Santiago, Emmanuel Tirado,
and/or Marc Sabia.
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90. The above-described negligence, carelessness, and/or recklessness of
the employees, agents, contractors, subcontractors, and/or representatives of
defendant, JP Contracting, including, but not limited to, Obel Santiago, Emmanuel
Tirado, and/or Marc Sabia, occurred within the scope of their respective
employment.
91. Defendant, JP Contracting, is vicariously liable for the above described
negligence, carelessness, and/or recklessness of its employees, agents, contractors,
subcontractors, and/or representatives, including, but not limited to, Obel Santiago,
Emmanuel Tirado, and/or Marc Sabia.
92. Defendant, JP Contracting, is vicariously liable for the liable for the
injuries and/or damages resulting from the above-described negligence,
carelessness, recklessness, and/or breach of duty of its employees, agents,
contractors, subcontractors, and/or representatives, including, but not limited to,
Obel Santiago, Emmanuel Tirado, and/or Marc Sabia.
carelessness, recklessness, and/or breach of duty of defendant, JP Contracting’s,
employees and/or agents, plaintiffs were caused to suffer, and did suffer, damages,
including, but not limited to, a complete and total loss of their business, inventory,
stock, equipment, fixtures, and/or supplies, as well as other actual and
consequential damages in an amount that exceeds the jurisdictional limits of all
lower courts that would otherwise have jurisdiction.
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2024 David Dejac Et Al V 743 Main Street LLC Et Al COMPLAINT 2

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2024 David Dejac Et Al V 743 Main Street LLC Et Al COMPLAINT 2

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FILED: ERIE COUNTY CLERK 02/13/2024 01:06 PM INDEX NO.

STATE OF NEW YORK

743 MAIN STREET LLC, and

The plaintiffs, DAVID DEJAC, and DOUGLAS CASKEY (“plaintiffs”), by

STREET LLC and JP CONTRACTING OF WNY, LLC, allege that:

1. On the morning of March 1, 2023, plaintiffs’ business, DC Theatricks,

burned to the ground because of the defendants’ negligence.

2. With it, more than 40 years of hard work went up in smoke.

3. For more than four decades, DC Theatricks was a fixture in downtown

jobs, community engagement, and fostering appreciation for the arts.

4. As a result of defendants’ negligence as set forth below, plaintiffs have

lost not only their business, but their life’s work.

5. At all times mentioned herein, plaintiff, David Dejac, was and is a

6. At all times mentioned herein, plaintiff, Douglas Caskey, was and is a

Street, Buffalo, New York 14203.

8. As of March 1, 2023, DC Theatricks, a family owned costume shop, had

been operating in downtown Buffalo for more than 40 years. In addition to

providing costume rentals to customers for Halloween and other holidays, DC

Theatricks provided costumes for school performances, theaters, operas, movies,

9. At all times mentioned herein up to and including March 1, 2023, DC

Theatricks was the plaintiffs’ sole source of revenue.

11. Upon information and belief, on or about December 15, 2022,

of Buffalo, County of Erie, State of New York.

Street in the City of Buffalo, County of Erie, State of New York.

County of Erie, State of New York was a three-story, mixed-use commercial

structure with an attached single-story warehouse.

known 743/745/747 Main Street.

referred to in the collective as the “Property”)

portion of the commercial structure.

portion of the commercial structure.

743 Main Street, owned the Property.

JP Contracting of WNY LLC (hereinafter “JP Contracting”), was and is a domestic

and is a licensed contractor in the City of Buffalo.

is, engaged in the business of general contracting, subcontracting, demolition,

Santiago was an employee, agent, and/or representative of defendant, JP

Tirado was an employee, agent, and/or representative of defendant, JP Contracting.

Sabia was an employee, agent, and/or representative of defendant, JP Contracting.

31. Upon information and belief, on or about December 15, 2022,

defendant, 743 Main, acquired the Property.

included both interior and exterior work.

which JP Contracting, through its employees, agents, contractors, subcontractors,

and/or representatives, would perform demolition, stonework, masonry, brickwork,

renovation, remodeling, and/or other contracting and/or subcontracting services at

34. Upon information and belief, on or about March 1, 2023, defendant, JP

Contracting, through its employees, agents, contractors, subcontractors, and/or

masonry, brickwork, renovation, remodeling, and/or other contracting and/or

35. Upon information and belief, on or about March 1, 2023, defendant, JP

Contracting, through its employees, agents, contractors, subcontractors, and/or

masonry, brickwork, renovation, remodeling, and/or other contracting and/or

subcontracting services at the Property as agent of defendant, 743 Main, acting

with actual and apparent authority to perform said demolition, stonework,

masonry, brickwork, renovation, remodeling, and/or other contracting and/or

subcontracting services at the Property.

36. Upon information and belief, on or about March 1, 2023, defendant, JP

Contracting, through its employees, agents, contractors, subcontractors, and/or

and Marc Sabia, was engaged in performing construction, demolition, renovation,

masonry, stonework, brickwork, and/or other contracting and/or subcontracting

services pursuant to its contract with defendant, 743 Main.

37. Upon information and belief, on or about March 1, 2023, defendant, JP

Contracting, through its employees, agents, contractors, subcontractors, and/or

and Marc Sabia, was engaged in performing construction, demolition, renovation,

masonry, stonework, brickwork, and/or other contracting and/or subcontracting

of defendant, 743 Main, to perform said demolition, stonework, masonry, brickwork,