EXHIBIT "D"
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
RECEIV S EF:NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF QUEENS
GILBERT CHUQUI, Index No.: 710583/2016
Plaintiff,NOTICE PURSUANT TOCPLR § 3402(b)
-against-
BANTA HOMES CORP., I034 OLYMPIA
BLVD., LLC, WESTRA INDUSTRIES,
LLC, THE BLUESTONE ORGANIZATION, INC.,BLUESTONE RRSI, LLC and GREEN BUILDING
DEPOT.
Defendants.
_______.._.._.--.....---------------------------------X
WESTRA TNDUSTRIES, LLC,
Second Third-Party Plaintiffs,
-against-
GREEN BUILDING DEPOT, LLC, and
G.A. PROPERTIES, INC.
Third-party defendants.
...._____........--.-..................._..-.........................-X
C O U N S E L O R S :
PLEASE TAKE NOTICE, that in the above-entitled actions pursuant to Rule §3402(b)
of the CPLR, defendant, WESTRA INDUSTRIES, LLC, has impleaded, GREEN BUILDING
DEPOT, LLC and G.A. PROPERTIES, INC. as third-party defeñdañts; that a copy of this
statement has been served upon all the attorneys appearing in this action as of this date,
Dated: Mineola, New York
March £, 2018
Yours, etc.
BARTLETT, LLP
By:
1 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
FI • 7 2 1 • P INDEX NO. 710 583 /2 016
NYS : AM RECEIVD
S $' : ÏŽ 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
.Iohn D. Goldnian, Esq.
Attorneys for Defendant/Second
Third-Party Plaintiff
WESTRA INDUSTRIES, LLCOffice and P.O. Address
170 Old Country Road
Mineola, New York 1I501
Tel.: (516) 877-2900
BMM File No.: 310-0348
TO: GREEN BUILDING DEPOT, LLC1901 Vestal Parkway E.
Suite 16
Vestal, New York, 13850
GREEN BUILDING DEPOT, LLC
74 Joline Road
Port Jefferson Station, NY 11776
G.A. PROPERTIES, INC.55-62 64"' Street
Maspeth, NY 11378
ROBERT A. CARDALI & ASSOCIATES, LLP
Auorneys for Plaintiff
39 Broadway,35d' Floor
New York, New York 10006
212-964-3855
MARSHALL DENNBHEY WARNERCOLEMAN & GOGOIN
Auorneys for Defendant
BANTA HOMES CORP,, THEBLUESTONE ORGANIZATION, INC.,BLUESTONE RRSI, LLC
Wall 8treet Plaza
88 Pine Street,215t Floor
New York, New York 10005
(212) 376-6400
2
2 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
RECEIV F: 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
SUPREME COURT OF THE STATS OF NEW YORKCOUNTY OF QUEENS
------....---..___-..........----------------------..------XGILBERT CHUQUI, hidex No.: 710583/2016
Plaintiff,THIRD-PARTY
SUMMONS-against-
...
BANTA HOMES CORP., 1034 OLYMPIA
Bl.VD., LLC, WESTRA INDUSTRIES,LLC, THE BLUESTONE ORGANIZATION, INC.,BLUESTONE RRSI, LLC and OREEN BUILDING
DEPOT.
Defendants.___.,_________ _.------...------- ..,--..__-....------X
WESTRA INDUSTRIES, LLC,
Second Third-Party Plaintiffs,
-against-
GREEN BUILDING DEPOT, LLC, and
G,A, PROPERTIES, INC.
Third-party defendants,----....-,......------_.-----_.----------------..----------X
C O U N S E L O R S :
TO THE ABOVE NAMED THIRD-PARTY DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint of the third-party plaintiff
and of the plaintiff, copies of which are herewith served upon you together with all prior pleadings
and to serve copies of your answer on the undersigned atterwey for the third-party plaintiff, and
upon the attorney for plaintiff, within twenty (20) days after service of the above, exclusive of the
date of service or within thirty (30) days after service is complete if service is made by any method
other than personal delivery to you within the State of New York.
3
3 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
{FTLED: QUERNR COTTNTY CTiMRK 06/97/2018 3 2 r 55 PM INDEX NO. 710583/2016
N PPLþ;Ç: SUE)$NS COUNTY Cl.aERK 03(06/2018 11:36 ARI RECEIVEÎ YSÊEF 6 0ÓÎ20Í8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
In the case of your failure to answer the complaint of the third-party plaintiff, judgment
will be taken against you on default for the relief sought in the third-party plaintiff's complaint,
Dated: Mineola, N0w York
Dated: Mineola, New YorkMarch d, 2018
Yours, etc.
BARTLETT, LLP
By:
John . Goldman, Esq.
Attorneys for Defendant/Third-PartyPlaintiff
WESTRA INDUSTRIES, LLC
Office and P.O. Address
170 Old Country Road
Mineola, New York 11501
Tela (516) 877-2900
BMM File No,:310-0348
TO: GREEN BUlLDING DEPOT, LLC
1901 Vestal Parkway E,
Suite 16
Vestal, New York, 13850
GREEN BUILDING DEPOT, LLC
74 Joline Road
Port Jefferson Station, NY ( 1776
G.A. PROPERTIES, INC.
55-62 6401 Street
Maspeth, NY 11378
ROBERT A, CARDALI & ASSOCIATES, LLP
Attorneys for Plaintiff
39 Broadway,35"' Ploor
New York, New York 10006
212-964-3855
MARSHALL DENNEHEY WARNERCOLEMAN & OOGGIN
Attorneys for Defendant
BANTA HOMES CORP., THEDLUESTONE ORGAN1ZATION, INC.,
BLUESTONE RRSL, LLC
4
4 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
pagnasme essaMemeroleewmeamstateersAowEAdetE:mPEE•%Wd5( INDEX NO. 710583/2016
NY 5:55435m•JUMMENEE•L•MQUWEsmatusymsymmput:NUW1WaM RECEIVE YSC F: O O 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
Wall Street Plaza
88 Pine Street, 2 l" Floor
New York, New York 10005
(212) 376-6400
5
5 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
. . INDEX NO. 710583/2016
NYS : : AM RECEIV ÊÒÉ8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF QUEENS
----------------··-------------------·--------------------XGlLBERT CHUQUI, Index No,: 710583/2016
Plaintiff,THIRD-PARTYCOMPLAINT
-against-
BANTA HOMES CORP., 1034 OLYMPIABLV D., LLC, WESTRA INDUSTRIES,LLC, THE BLUESTONE ORGANIZATION, INC.,BLUESTONE RRSl, LLC and GREEN BUILDINGDEPOT. ,
Defendants.
.......----..______---.....---..--··-----------------------X
WESTRA INDUSTRIES, LLC,
Second Third-Party Plaintiffs,
-against-
GREEN BUILDING DEPOT, LLC, and
G.A. PROPERTIES, INC,
Third-party defendants.---.....__... ¬-...______________-....----------X
C O U N S E L O R S :
Defcñdüñt/second third -pety plaintiff, WESTRA INDUSTRIES, LLC ("WESTRA"), by
their attorneys, BARTLETT, LLP, as an for a third-party complaint against third-party defendants,
GREEN BUILDING DEPOT, LLC, (hereitmRer "GREEN"), and G.A. PROPERTIES, INC.
("G A") respectfully alleges upon information and belief:
l. That the third-party defendant, GREEN, is a domestic business corporation.
2. That third-party defendant, GREEN, is a dornestic business corporation doing business in
the State of New York.
6
6 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
gentsmeletSD40kWefeltIDGWEstmNNattmelfKFEtBE:BB 3253951 INDEX NO. 710583/2016
95W¶Uf5m•18JD93f†M•L•l8NW •HtD9tfM•EGFgeUEF4tygNN‡IEVEUNM agcgy sNCEF: 0ŸÎ 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
3. That third-party defeiidant, GREEN, is subject to the jurisdiction of the Courts of the State
of New York, pursuant to CPLR §§301, 302 and case law.
4. That the third-party defendant, GA, is a domestic business corporation.
5. That third-party defendant, GA, is a domestic business corporation doing business in the
State of New York.
6. That third-party defendant, GA, is subject to the jurisdiction of the Courts of the State of
New York, pursuant to CPLR §§301, 302 and case law.
7, The plaintiff commenced this action by filing a summons and complaint on or about
September 2, 2016. Exhibit "A" attached hereto, Thereafter, defendant BANTA HOMES
CORP. interposed its answer to the summons and complaint on or about October 28, 2016.
Exhibit "B" attached hereto.
8. Thereafter, pursuant to an Order dated July 27, 2017 (attached hereto as Exhibit "C"),
·plaintiff filed a supplemental summons and amended complaint on August 7, 2017, naming
WESTRA INDUSTRIES, LLC, THE BLUESTONE ORGANIZATION, INC.. AND
BLUESTONE RRSI, LLC, as additional defendants. Attached hereto as Exhibit "D" is
plaintifPs supplemental summons and amended complaint.
9. On August 7, 2017, plaintiff filed a second motion for leave to supplement the summons
and amend the complaint to add Green Building Depot, LLC. Attached hereto as Exhibit
"E" is plaintiff's Notice of Motion and supporting affirmation.
10, On September 28, 2017, Westra interposed its answer to plaintifPs supplemental summons
and amended complaint, Attached hereto as Exhibit "F",
7
7 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
F T LED r GTTERNA COTTNTY CLERK 06 / Q7 /2 018 12 : 55 PM INDEX NO. 710583/2016
UE,bjb}8 COUNTY CLERK 0 3 / O 6 / 2 018 11: 3 6 Alt| agegrylE SŸE'F: OÍ8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
( 1. Thereafter, on December 21, 2017, the Court granted plaintiff's second motion to
supplement the summons and amend the complaint to name GREEN BlJiLDING DEPOT,
LLC as a defendant. Exhibit "G" attached hereto,
12. Thereafter on January 26, 2018, plaintiff filed his second supplemental summons and
amended complaint, naming GREEN BUlLDING DEPOT, LLC as a direct defendant.
Attached hereto as Exhibit "H".
13. Defendant WESTRA INDUSTRIES, LLC filed its answer to plaintiff's second
supplemental summons and amended cornplaint on February 12, 2018. Attached hereto as
Exhibit "I",
14, The principle action arises out ofan alleged incident, described more fully in the complaint,
in which the plaintiff was allegedly caused to sustain personal injuries as a result of an
accident on or about the date of August 23, 2016, while in the scope of his employment
with third-party defendant GA.
15. Upon information and belief, third-party defendant GA was retained by third-party
defendant GREEN pursuant to a sub-subcontract and/or agreeméüt.
I6. The principle action seeks money damages for the personal injuries as set forth, more
particularly in the plaintiff's complaint.
17. If the plaintiff was caused to sustain damages in the manner and at the time and place set
forth in the plaintiff s complaint through any careless, recklessness or negligence, other
than the curelesseess, or recklessness or negligence of the plaintiff or non-parties, then it
was caused solely by reason of the carelessness, recklessness, negligence, breach of duty,
breach of contract, and/or acts or omissions or commissions of the third-party defendant
and/or its agents, servants, cmployees and/or predecessors in interest; and if any judgment
8
8 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
pl . . INDEX NO. 710583/2 016
NY RECEIVE Y EF : O 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
is recovered by the plaintiff against defendant/second third-party plaintiff, then third-party
plaintiff will be damaged thereby, and third-party defendants, GREEN, will be liable for
third-party plaintiff e.g. by way of contribution, common law indemnification, partial
indemnification, contractual indemnification and/or breach of contract for full extent of
any recovery by the plaintiff against third-party plaintiff, or alternatively for a portion
thereof, and forattorneys'
fees, costs, disbüi8ernents, and other damages.
FIRST CAUSE OF ACTION FOR COMMON LAW INDEMNIFICATION
18. Third-party plaintiff repeats and reiterates each and every allegation set forth above, as if
more fully set farth at length herein.
19. That plaintiff herein has alleged that he has sustained permanent personal injuries due to
defcndant's negligence, which is denied, but to the extent that plaintiff proves said claims,
third-party defendant GREEN wiH be liable to third-party plaintiff based on principals of
common law indemnification and contribution.
20. By reason of an the foregoing, the third-party defendärd GREEN is obligated to indemnify
the third-party plaintiff under common law principles in the event of and in the full amount
of any recovery by the plaintiff against third-party plaintiff, and to pay third-party
plaintiff'sattorneys'
fees, costs and disbursentents.
SECOND CAUSE OF ACTION FOR CONTRIBUTION
2L Third-party plaintiff repeats and reiterates each and every allegation set forth above, as if
more fully set forth at length herein.
22. Pursuant to CPLR Article 14 and common law principles, if in the event the judgment is
recovered by plaintiff and in the event two or more persons have cüipability with respect
9
9 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
(FTT,RD r GTTERN.4 COTTNTV T.RRK OÇ(17/S01.R 1.2 : 55 PM INDEX NO. 710583/2016
My UEpjD)ts COUNTY CLEKK U3 ( U b /2 U1d 11: 3 6 A RECEIVE S EF: O 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
to the plaintifPs claims, such person's equitable shares of the judgment are to be
determined in accordance with the relative culpability.
23, By reason ofthe forgoing, third-party defendant OREEN, is obligated to make contribution
to third-party plaintiff, to the extent third-party plaintiff is made to pay plaintiff any excess
over and above third-party plaintiff's equitable share, if any, and third-party defendant,
GREEN, is to payattorneys'
fees, costs and disbursements to third-party plaintiff.
THIRD CAUSE OF ACTION FOR CONTRACTUAL INDEMNIFICATION
24. Third-party plaintiff repeats and reiterates each and every allegation set forth above, as if
more fully set forth at length herein,
25. Prior to the alleged accident described in the complaint, third-party defendant, GREEN,
executed a contractual agreement, by virtue of which third-party defendant agreed and
became obligated to defend third-party plaintiff, indemnify them and/or hold them
harmless with respect to, claims such as those asserted by the plaintiff herein. Paragraph
1 of the contract between WESTRA and GREEN, dated November 3, 2015, contains
certain indemnification obligations by OREEN in favor of WESTRA. A copy of the
contract is annexed hereto as Exhibit "J",
26. Paragraph 1 ontitled Indemnity, provides in relevant part as follows:
lademnity. In consideration of the Contract Agreement, and to the fullest
extent permitted by law, the subcontractor shall defend and shall indemnify,and hold harmless, at subcontractor's sole expense, the Owner and orGeneral Contractor of the property and the officers; directors; agents;
employees; successors and assigns of each of them from and against all
liability or claimed liability for both bodily injury or death to any person(s),and for any and all property damage, including all attorney fees,disbursements and related costs, arising out of or resulting fmm the Work
covered by this Contract Agreement to the extent such Work was performed
by or contracted through the"Contractor"
or by anyone for whose acts the"Contractor"
may be held liable.excluding only liability created by the sole
and exclusive negligence of the Indemnified Party, the Owner or the
10
10 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
T T.RT) r GTTERN.4 OTINTV CT,RRTC O 6 / 07 / .01 R 1 2 : 5 5 PM INDEX NO. 710S83/2016
4./E Djhi CUUNT X CLEKK U 3 / U 5 / 2 U.l.U 11 : 3 b AM RECEIVE NYSÊEF. O 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
General Contractor. This indemnity agreement shall survive the completionof the Work specified in the Contractor Agreement.
27, This agreemeñt and/or obligation was in effect on the date of the alleged accident described
in the complaint and/or applies to the claims that the plaintiff asserted herein,
28. lf the plaintiff was injured for the reasons alleged in the complaint, then third-party
defendant, GREEN, is obligated under the terms of the aforesaid agreement to defend third-
party plaintiff, indemnify them and/or hold them harmless with respect to plaintifTs alleged
claims and damages.
29, To date, third-party defendant, OREEN, has not fulfitled this obligation, causing
continuing harm and expense to third-party plaintiff.
30, By reason of the foregoing, if plaintiff recovers a verdict or judgment against WESTRA,
then WESTRA will be damaged and entitled over and against GREEN for the entire
amount of any such verdict or judgment, together with all attorneys'fees, costs and
disbursement to the third-party plaintiff.
FOURTH CAUSE O F ACTION FOR BREACH OF CONTRACT
3 l. Third-party plaintiff repeats and reiterates each and every allegation set forth above, as if
more fully set forth at length herein,
32. Prior to the alleged accident described in the complaint, third-party defendant, GREEN,
executed a contractual agreement, by virtue of which third-party defendant agreed to
procure and maintain liability insurance, naming third-party plaintiff as an additional
insured on a primary and noncontributory basis. Paragraph 2 of the contract between the
WESTRA and GREEN, dated November 3, 2015, contains the insurance obligations by
GREEN in favor of WESTRA. A copy of the contract is.annexed hereto as Exhibit "J",
1 1
11 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
FILED• E N . INDEX NO. 710583/2016
NY RECEIVE F: 8NYSCEF DOC. NO, 88 RECBIVED NYSCEF: 03/06/2018
33. This agicement and/or obligation was in effect on the date of the alleged accident described
in the complaint and/or applies to the claims that the plaintiff asserted herein.
34. Upon information and belief, third-party defendant breached its ccütractual obligations to
procure and maintain liability insurance naming third-party plaintiff as an additional
insured on a primary and noncontributory basis.
35. By reason of the foregoing, if plaintiff recovêrs a verdict or judgment against WESTRA,
then WESTRA will be damaged and entitled over and against GREEN for the entire
amount of any such verdict or judgment, together with allattorneys'
fees, costs and
disbursement to the third-party plaintiff, based on GREEN's breach of the aforesaid
agreement.
FIFTH CAUSE OF ACTION FOR COMMON LAW INDEMNIFICATION
36. Third-party plaintiff repeats and reiterates cach and every allegation set forth above, as if
more fully set forth at length herein,
37. That plaintiff herein has alleged that he has sustained permanent personal injuries due to
defendant's negligence, which is denied, but to the extent that plaintiff proves said claims,
third-party defendant GA will be liable to third-party plaintiff based on principals of
common law indemnification and contribution.
38. Dy reason of all the foregoing, the third-party defendant GA is obligated to indemnify the
second third-party plaintiff under common law principles in the event of and in the full
amount of any recovery by the plaintiff against defendant/second third-party plaintiff, and
to pay defendant/second third-party plaintiff's attorneys'fees, costs and disbursements,
12
12 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
FTT RDr QTTERN.9 COTTN'T'V CT,RRK 06/07/?.01R 12:55 Pl½INDEX NO. 71o583/2016
yW Jridip,: pjJ EpMS COUNTY CLERK U3/06/2018 11:36 AM RECEIV Y F 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
SlXTH CAUSE OF ACTION FOR CONTRIBUTION
39.Third-party plaintiff repeats and reiterates cach and every allegation set forth above, as if
more fully set forth at length herein,
40. Pursuant to CPLR Article 14 and c0111111011law principles, if in the event the judgrnem is
recovered by plaintilT and in the event two or more persons have culpability with respect
to the plaintifPs claims, such person's equitable shares of the judgment are to be
determined in accordance with the relative culpability.
41. By reason of the forgoing, third-party defendant GA, is obligated to make contribution to
third-party plaintiff, to the extent third-party plaintiff is made to pay plaintiff any excess
over and above third-party plaintiff's equitable share, if any, and third-party defendant.
GA, is to payattomeys'
fees, costs and disbursements to second third-party plaintiff.
SEVENTH CAUSE OF ACTION FOR CONTRACTUAL INDEMNIFICATION
42, Third-party plaintiff repeats and reiterates each and every allegation set forth above, as if
more Ibily set forth at length herein.
43. Prior to the alleged ace!delit described in the complaint, and upon information and belief,
third-party defendant, GA, executed a contractual agreement, by virtue of which third-party
defendant agreed and became obligated to defend third-party plaintiff, indemnify them
and/or hold them harmless with respect to, claims such as those asserted by the plaintiff
herein.
44. Upon information and belief, this agreement and/or obligation was in effect on the date of
thealleged accident described in the complaint und/or appliestotheclaimsthattheplaintiff .
asserted herein.
13
13 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
py . . INDEX NO. 710583/2016
NY RECEIVE Y F 8NYSCEF DOC. NO, 88 RECEIVED NYSCEF: 03/06/2018
45. If the plaintiff was injured for the reasons alleged in the complaint, then third-party
defendant, GA, is obligated under the terms of the aforesaid agreement to defend third-
pmty plaintiff, indemnify them and/orhold them barmless with respect to plaintiff's alleged
claims and darnages.
46. To date, third-party defendant, GA, has not fulfilled this obligation, causing continuing
harm and expense to third-party plaintiff.
47. By reason of the foregoing, if plaintiff recovers a verdict or judgment against WESTRA,
then WESTRA will be damaged and entitled over and agahist GA for the entire amount of
any such verdict or judgment, together with all attorneys'fees, costs and disbürsem6üt to
the third-party plaintiff,
E1GHTH CAUSE OF ACTION FOR BREACH OF CONTRACT
48. Third-party plaintiff repeats and reiterates each and every allegation set forth above, as if
more fully set forth at length herein.
49. Prior to the alleged accident described in the complaint, upon information and belief, third-
party defendant, GA, executed a contractual agreement, by virtue of which third-party
defendant agreed to procure and maintain liability insurance, naming third-party plaintiff
as an additional insured on a prírnary and noncontributory basis.
. 50. This agreemcat and/or obligation was in effect on the date of the alleged accident described
in the complaint and/or applies to the claims that the plaintiff asserted herein.
50 Upon information and belief, third-party defendant breached its contractuai obligations to
procure and maintain liability insurance naming second third-party plaintiff as an
additional insured on a primary and noncontributory basis.
14
14 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
py , . INDEX No. 710583/2016
NY RECEIV 1 Ê F 8NYSCEF DOC, NO. 88 RECEIVED NYSCEF: 03/06/2018
52, By reason of the foregoing, if plaintiff recovers a verdict or judgracnt against WESTRA,
then WESTRA will be damaged and entitled over and against GA for the entire amount of
any such verdict or judgment, together with all attorneys'fees, costs and disbursement to
the second third-party plaintiff, based on GA's breach of the aforesaid agreement,
WHEREFORE, defendant/second third-party plaintiff, WESTRA INDUSTRIES, LLC,
demiiisda judgment against third-party defendants, OREEN BUILDING DEPOT, LLC, and G.A.
PROPERTIES, INC. affording third-party plaintiff the relief claimed above, including but not
limited to judgment over and against third-party defendants, GREEN BUILDING DEPOT, LLC,
and G,A. PROPERTIES, INC. for any damage to third-party plaintiff has made to the plaintiff and
for attorneys'fees, costs and disbursements of third-party plaintiff.
PLEASE TAKE NOTICE, that pursuant to CPLR § 3402(b), the title of this action has
been changed, from the title of the plaintiff's complaint to the title of the third-party summmis and
third-party complaint herein.
Dated: Mineola, New York
March 6, 2018
Yours, etc.
BARTLETT, LLP
By:John . Goldman, Esq.
Attorneys for Defendant/8econd
Third-Party Plaintiff
WESTRA INDUSTRIRS, LLC
Office and P.O. Address
170 Old Country Road
Mineola, New York 1 1501
TcL: (516) 877-2900
BMM File No,: 310-0348
TO: GREEN BUILDING DEPOT, LLC
1901 Vestal Parkway E.
Suite 16
Vestal, New York, 13850
t 5
15 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
FTT.RDr QTTERNR COTTNTY CT,RRK 06/Ç7/ 01R 1 2 r R R PM INDEX NO. 710583/2016
NY DIS COUNTY ULERK US{Ub/201U 11:36 AM RECEIVED NY F 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018
GREEN BUILDING DEPOT, LLC74 Joline Road
Port Jefferson Station, NY 11776
G.A. PROPERTIES, INC.55-62 6401 Street
Maspeth, NY 11378
ROBERT A. CARDALI&ASSOCIATES, LLP
Attorneys for Plaintiff
39 Broadway,35* Floor
New York, New York 10006
212-964-3855
MARSHALLDENNEHEY WARNERCOLEMAN & GOGGIN
Attorneys for Defendant
BANTA HOMES CORP., THE
BLUESTONE ORGANIZATION, INC.,BLUESTONE RRSI, LLC
WallStreet Plaza
88 Pine Street,215' Floor
New York, New York 10005
(212)376-6400
16
16 of 16
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
NEW CASE CHECKLIST
Case Name: Tracey and David Phoebus v. 287 LES JV, LLC.
1. Client/Matter No.: 16467.00
2. Client: Network Adjusters
a. Carrier/Source:
b. Represented parties: 287 LES JV, LLC.
3. Conflict No.: 68037
a. Date Requested: 1/24/2019
4. Open Request No.:
a. Date requested: 1/25/2019
5. Stipulation to Extend Time to Answer Due 2/5/2019- Plaintiff will not grant extension
a. Date of Service (if available) (if no date of cert of mailing)i. Diary of 14 and 20 days from date of service
b. Contacted P/Sent/Received
i. If not status and date of last f/u
ii. If received, diary due date and 7 day reminder
6. Acknowledgement Letter Sent: 1/25/2019
a. Acknowledgement Letter to Claims: x
b. Represented Parties Includes
i. Litigation Hold on Records 1/30/19
ii. Meetingiii. Best contact info name: number: email:
iv. Site Inspection Records
7. File Notice of Appearance:
8. Pleadings (go together)a. Answer
i. Marked upii. Completed
iii. Served/Filed
b. Combined Demands/BP
i. Plaintiff
ii. Co-Defendants
iii. Served/Filed
9. Letter to plaintiff regarding stipulation of disc (SCA)
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
10. Draft Stipulation of Discontinuance
11. Business lookuphttps://www.dos.ny.qov/corps/bus entity search.html
FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019
Top Related