On September 24, 2015 a
Exhibit,Appendix
was filed
involving a dispute between
First Baptist Church Of Flushing,
and
5D Architecture & Engineering, Pllc,
D-Best Industries Corp.,
Fleet Architects Llp,
Fleet Financial Group, Inc.,
Oweis Engineering, Inc.,
Racanelli Construction Group Inc.,
Twin Peaks Incorporated,
Vachris Engineering, P.C.,
X & Y Development Group, Llc,
for Real Property - Other
in the District Court of Queens County.
Preview
) QU OUN INDEX NO. 710001/2015
NYSCEF BOC. NO. 472 RECEIVED NYSCEF: 03/25/2024
EXHIBIT “O”
EXHIBIT “O”
INDEX NO. 710001/2015
(FILED: QUEENS COUNTY CLERK 05/28/2026 06:20 PM
NYSCEF DOC. NO. 392 RECEIVED NYSCEF: 08/25/2026
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
aan. -- aan x
FIRST BAPTIST CHURCH OF FLUSHING, Index No.: 710001/2015
Plaintiff. REPLY TO
CROSS-CLAIM
- against -
X & Y DEVELOPMENT GROUP, LLC,
FLEET FINANCIAL GROUP, INC..
RACANELLI CONSTRUCTION GROUP INC.
FLEET ARCHITECTS LLP,
OWEIS ENGINEERING, INC.,
5D ARCHITECTS & ENGINEERING, PLLC,
VACHRIS ENGINEERING, P.C.,
D-BEST INDUSTRIES CORP. and
TWIN PEAKS INCORPORATED,
Defendants.
anne. wannene. wan: xX
PLEASE TAKE NOTICE that Defendants X & Y DEVELOPMENT GROUP, LLC,
FLEET FINANCIAL GROUP, INC., RACANELLI CONSTRUCTION GROUP INC., and FLEET
ARCHITECTS LLP (“Answering Defendants”), by and through their attorneys, Michael J. Kapin,
P.C., hereby reply to Co-Defendant Twin Peaks Incorporated, (“Twin Peaks’)’s Cross-claim:
1 GENERAL DENIAL.
SPECIFIC RESPONSES
Deny allegations contained in paragraph 48 of TwinPeaks’ Cross-claim.
AFFIRMATIVE DEFENSES
Equitable defenses, including estoppel, laches, waiver, and unclean hands.
Consent.
Justification and excuse.
Answering Defendants were not negligent and cannot be held liable on the causes of
action asserted in Twin Peaks’ Cross-claim against Answering Defendants.
1 of 3
INDEX NO. 710001/2015
NYSCEF DOC. NO. 472 RECEIVED NYSCEF: 03/25/2024
All claims alleged by Twin Peaks against Answering Defendants were not caused by
any act or omission of Answering Defendants.
All claims against Answering Defendants are barred by the applicable Statute of
Limitations.
Twin Peaks was comparatively or contributorily negligent.
Twin Peaks has failed to name and/or prosecute a necessary party.
The injuries and damages alleged, if any at all, all of which are denied by the
Answering Defendants, were caused by the intervening, interceding and superseding
acts of third parties not under the control of Answering Defendants.
10. Twin Peaks failed to mitigate, obviate, diminish or otherwise act to lessen or reduce
the alleged injuries, damages, and disabilities.
ll Answering Defendants were not the proximate or actual cause of the damages
claimed by Twin Peaks.
12 Upon information and belief, Answering Defendants did not create any defective or
dangerous condition upon the premises where the incident(s) supposedly occurred,
had no actual or constructive notice of any dangerous or defective condition on said
premises and did not have a reasonable time within which to correct any such alleged
condition or warn others about its existence.
2
13 Any and all services provided by Answering Defendants were in accordance with the
applicable custom and standard in the industry.
14. Answering Defendants reserve their right to supplement this Reply to Cross-claims;
including their Affirmative Defenses listed herein, as additional information becomes
available.
WHEREFORE, it is respectfully requested that this Court dismiss Co-Defendant Twin
Peaks Incorporated’s cross-claim and award Answering Defendants such other and further relief
that this Court deems just, equitable, and proper.
2 of 3
=: INDEX NO. 710001/2015
NYSCEF DOC. NO. 472 RECEIVED NYSCEF: 03/25/2024
Dated: June 30, 2016 Yours, etc.,
New York, New York
MICHAEL J. KAPIN, P.C.
Attorneys for Answering Defendants X&Y
Development Group, LLC, Fleet Financial
Group, Inc., Racanelli Construction Group,
(Pacha—
Inc., and Fleet Architects LLP
MICHAEL J. KAPIN, ESQ.
305 Broadway ~ Suite 1004
New York, New York 10007
(212) 513-0500
To: All Parties via NYSCEF
3 of 3
Preview
) QU OUN INDEX NO. 710001/2015 NYSCEF BOC. NO. 472 RECEIVED NYSCEF: 03/25/2024 EXHIBIT “O” EXHIBIT “O” INDEX NO. 710001/2015 (FILED: QUEENS COUNTY CLERK 05/28/2026 06:20 PM NYSCEF DOC. NO. 392 RECEIVED NYSCEF: 08/25/2026 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS aan. -- aan x FIRST BAPTIST CHURCH OF FLUSHING, Index No.: 710001/2015 Plaintiff. REPLY TO CROSS-CLAIM - against - X & Y DEVELOPMENT GROUP, LLC, FLEET FINANCIAL GROUP, INC.. RACANELLI CONSTRUCTION GROUP INC. FLEET ARCHITECTS LLP, OWEIS ENGINEERING, INC., 5D ARCHITECTS & ENGINEERING, PLLC, VACHRIS ENGINEERING, P.C., D-BEST INDUSTRIES CORP. and TWIN PEAKS INCORPORATED, Defendants. anne. wannene. wan: xX PLEASE TAKE NOTICE that Defendants X & Y DEVELOPMENT GROUP, LLC, FLEET FINANCIAL GROUP, INC., RACANELLI CONSTRUCTION GROUP INC., and FLEET ARCHITECTS LLP (“Answering Defendants”), by and through their attorneys, Michael J. Kapin, P.C., hereby reply to Co-Defendant Twin Peaks Incorporated, (“Twin Peaks’)’s Cross-claim: 1 GENERAL DENIAL. SPECIFIC RESPONSES Deny allegations contained in paragraph 48 of TwinPeaks’ Cross-claim. AFFIRMATIVE DEFENSES Equitable defenses, including estoppel, laches, waiver, and unclean hands. Consent. Justification and excuse. Answering Defendants were not negligent and cannot be held liable on the causes of action asserted in Twin Peaks’ Cross-claim against Answering Defendants. 1 of 3 INDEX NO. 710001/2015 NYSCEF DOC. NO. 472 RECEIVED NYSCEF: 03/25/2024 All claims alleged by Twin Peaks against Answering Defendants were not caused by any act or omission of Answering Defendants. All claims against Answering Defendants are barred by the applicable Statute of Limitations. Twin Peaks was comparatively or contributorily negligent. Twin Peaks has failed to name and/or prosecute a necessary party. The injuries and damages alleged, if any at all, all of which are denied by the Answering Defendants, were caused by the intervening, interceding and superseding acts of third parties not under the control of Answering Defendants. 10. Twin Peaks failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the alleged injuries, damages, and disabilities. ll Answering Defendants were not the proximate or actual cause of the damages claimed by Twin Peaks. 12 Upon information and belief, Answering Defendants did not create any defective or dangerous condition upon the premises where the incident(s) supposedly occurred, had no actual or constructive notice of any dangerous or defective condition on said premises and did not have a reasonable time within which to correct any such alleged condition or warn others about its existence. 2 13 Any and all services provided by Answering Defendants were in accordance with the applicable custom and standard in the industry. 14. Answering Defendants reserve their right to supplement this Reply to Cross-claims; including their Affirmative Defenses listed herein, as additional information becomes available. WHEREFORE, it is respectfully requested that this Court dismiss Co-Defendant Twin Peaks Incorporated’s cross-claim and award Answering Defendants such other and further relief that this Court deems just, equitable, and proper. 2 of 3 =: INDEX NO. 710001/2015 NYSCEF DOC. NO. 472 RECEIVED NYSCEF: 03/25/2024 Dated: June 30, 2016 Yours, etc., New York, New York MICHAEL J. KAPIN, P.C. Attorneys for Answering Defendants X&Y Development Group, LLC, Fleet Financial Group, Inc., Racanelli Construction Group, (Pacha— Inc., and Fleet Architects LLP MICHAEL J. KAPIN, ESQ. 305 Broadway ~ Suite 1004 New York, New York 10007 (212) 513-0500 To: All Parties via NYSCEF 3 of 3