Preview
FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ROBERTO RODRIGUEZ, (ECF)
Plaintiff,
THIRD-PARTY SUMMONS
v.
VILLAGEFH LLC AND SMI CONSTRUCTION
MANAGEMENT INC.,
Defendants.
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VILLAGEFH LLC,
Defendant/Third-Party Plaintiff,
v.
JOVIN DEMO NEW YORK, INC.,
Third-Party Defendant.
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YOU ARE HEREBY SUMMONED to answer the Complaint of Defendant/Third Party
Plaintiff VILLAGEFH LLC, a copy of which is hereby served upon you and is incorporated by
reference as if more fully set forth herein, and to serve copies of your answer upon the
undersigned Attorneys for Defendant/Third Party Plaintiff, VILLAGEFH LLC and upon
Attorneys at the service addresses listed herein below within twenty (20) days after service of
this Third Party Summons and Third Party Complaint exclusive of the day of service or within
thirty days after completion of service where service is made in any manner other than by
personal delivery within the State.
In case of your failure to answer the Third Party Complaint, a judgment will be taken
against you by default for the relief demanded in this Third Party Complaint.
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NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019
WHEREFORE, each Third Party Plaintiff de-snds judginent dio-4cohg the Complaiñt
(Exhibit "A"); and further d~nands an adj=ak=4n of the proportionate responsibiHty for all
parties defendant in this action; and full or partial indemnity from the third-party defendant, as
the trier of fact shall find, for any damage award against the Third Party Plaintiffs.
Pursuant to CPLR 3402 (b), we give NOTICE that the title of this action has been
changed from the style of the Complaint of the Plaintiff (Exhibit "A") to the style of this THIRD
PARTY SUMMONS and THIRD PARTY COMPLAINT; the calendar status of this action as of
CALENDAR"
this date is: "NOT ON TRIAL
DATED: August 7, 2019
New York, New York
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant/Third Party Plaintiff
VILLAGEFH LLC
Office and Post Office Address
55 Water Street, 28th Floor
New York, New York 10041
(212) 6 2-4200
By:
Richard C. Prezioso
TO:
Stavros E. Sitinas, LLC
Attorneys for Plaintiff Roberto Rodriguez
444 Madison Avenue, 4th Floor
New York, New York 10022
Raven & Kolbe, LLP
Attorneys for Defendant, SMT Construction Mañaganent Inc.
126 East 56th Street, Suite 202
New York, New York 10022
Jovin Demo New York, Inc.
Third-Party Defendant
402 Marshall Street
Paterson, NJ 07503
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FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------x Index No.: 154863/2018
ROBERTO RODRIGUEZ, (ECF)
Plaintiff,
THIRD-PARTY
v. COMPLAINT
VILLAGEFH LLC AND SMI CONSTRUCTION
MANAGEMENT INC.,
Defendants.
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VILLAGEFH LLC,
Defendant/Third-Party Plaintiff,
v.
JOVIN DEMO NEW YORK, INC.,
Third-Party Defendant.
---------------------------------------------------------------------x
Defendant/Third Party Plaintiff VILLAGEFH LLC, by its attorneys, EUSTACE,
PREZIOSO & YAPCHANYK, as and for its Third Party Complaint against Third Party
Defendant JOVIN DEMO NEW YORK, INC. respectfully alleges upon information and belief
as follows:
1. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO
NEW YORK, INC. was and still is a domestic corporation organized and existing under the laws
of the State of New York with its principal place of business located at 402 Marshall Street
Paterson, NJ 07503.
2. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO
NEW YORK, INC. was and still is a foreign limited liability company authorized to do business
in the State of New York.
3. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO
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FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019
NEW YORK, INC. was and stillis a partnership duly organized and existing pursuant to the
laws of the State of New York.
4. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO NEW
YORK, INC. was and stillis a foreign corporation doing business pursuant to the laws of the
State of New York.
5. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO NEW
YORK, INC. was and still is limited partnership duly organized and existing pursuant to the laws
of the State of New York.
6. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO NEW
YORK, INC. actually conducted and transacted business, engaged in a persistent course of
conduct and derived substantial revenue from services within the State of New York.
7. That this action is based on transactions or occurrences within the State of New York.
8. That heretofore, Plaintiff ROBERTO RODRIGUEZ, commenced an action against
Defendant/Third Party Plaintiff VILLAGEFH LLC wherein it is alleged that Plaintiff suffered
injuries as a result of an alleged fall off a makeshift ramp/walkway while carrying a bucket of
construction debris on the premises of 27 Christopher Street, New York, New York on
September 13, 2016. A copy of said complaint is annexed hereto as Exhibit A.
9. That Defendant/Third Party Plaintiff VILLAGEFH LLC has denied all material
allegations to the Plaintiff’s complaint. A copy of Defendant/Third Party Plaintiff’s Answer is
annexed hereto as Exhibit B.
AS AND FOR A FIRST CAUSE OF ACTION FOR CONTRACTUAL INDEMNITY
10. Defendant/Third Party Plaintiff VILLAGEFH LLC repeat and reallege each and
every allegation contained in paragraphs 1 through 9 of this Third-Party Complaint.
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11. That prior to the date of the accident which is the subject of this action, Defendant
SMI CONSTRUCTION MANAGEMENT INC entered into a written agreement with Third
Party Defendant JOVIN DEMO NEW YORK, INC. for the premises located at 27 Christopher
Street, New York, New York. A copy of the referenced agreement and renewal of said
agreement are attached hereto collectively as Exhibit C.
12. That said agreement was in effect on the date of accident which is the subject of this
action.
13. That pursuant to said agreement, Third Party Defendant JOVIN DEMO NEW
YORK, INC. assumed the obligation to hold harmless Defendant/Third Party Plaintiff
VILLAGEFH LLC.
14. That pursuant to said agreement, Third Party Defendant JOVIN DEMO NEW
YORK, INC. assumed the obligation to indemnify Defendant/Third Party Plaintiff VILLAGEFH
LLC.
15. That pursuant to said agreement, Third Party Defendant JOVIN DEMO NEW
YORK, INC. is to assume the defense of Defendant/Third Party Plaintiff VILLAGEFH LLC.
16. That if the Plaintiff was caused to sustain the alleged injuries and damages at the
time and place mentioned in Plaintiff’s Complaint, due to any carelessness, recklessness or
negligence other than Plaintiff’s own carelessness, recklessness or negligence, and in the event
of any judgment or settlement is recovered herein by Plaintiff against Defendant/Third Party
Plaintiff VILLAGEFH LLC, then said Defendants/Third Party Plaintiffs will be damaged
thereby and Third Party Defendant JOVIN DEMO NEW YORK, INC. is or will be responsible
therefore by virtue of the terms, covenants, warranties and clauses contained in the aforesaid
agreement.
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17. That by reason of the foregoing, pursuant to the hold harmless/indemnification
agreement, Third Party Defendant JOVIN DEMO NEW YORK, INC. must indemnify the
Defendant/Third Party Plaintiff VILLAGEFH LLC in full for any money Defendants/Third Party
Plaintiffs paid or pays to Plaintiff.
AS AND FOR A SECOND CAUSE OF ACTION FOR BREACH OF CONTRACT
FOR FAILURE TO PROCURE INSURANCE
18. Defendant/Third Party Plaintiff VILLAGEFH LLC repeat and reallege each and
every allegation contained in paragraphs 1 through 17 of this Third-Party Complaint.
19. That prior to the date of the alleged occurrence which is the subject of this action,
Third Party Defendant JOVIN DEMO NEW YORK, INC. agreed to procure a policy of liability
insurance insuring Defendant/Third Party Plaintiff VILLAGEFH LLC against claims such as
that which is asserted in this action against Defendants/Third Party Plaintiffs.
20. That pursuant to said agreement, Third Party Defendant JOVIN DEMO NEW
YORK, INC. was, prior to the commencement of any work under the contract, at its own
expense, to maintain insurance on its own behalf and naming Defendant/Third Party Plaintiff
VILLAGEFH LLC as additional insureds pursuant to the terms of said agreement with said
insurance policy providing for comprehensive liability insurance.
21. Upon information and belief, Third Party Defendant JOVIN DEMO NEW YORK,
INC. failed to procure such insurance thereby breaching the agreement with Defendant/Third
Party Plaintiff VILLAGEFH LLC, and if to the extent that Plaintiff shall recover against
Defendants/Third Party Plaintiffs, then said Defendants/Third Party Plaintiffs will have been
damaged thereby and is entitled to be indemnified by Third Party Defendant JOVIN DEMO
NEW YORK, INC. for the full amount of any recovery by Plaintiff herein.
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FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019
WHEREFORE, each Third Party Plaintiff demands judgmcñt diaminaing the Complaint
(Exhibit A); and further demands an adjudication of the proportionate for all
respenaibility
parties Def:ndant in this action; and full or partial indemnity from the Third Party Defendant, as
the trier of fact shall find, for any damage award against the Third Party Plaintiff.
Pursuant to CPLR 3402 (b), we give NOTICE that the title of this action has been
chañgcd from the style of the Complaint of the plaintiffs (Exhibit "A") to the style of this THIRD
PARTY SUMMONS and THIRD PARTY COMPLAINT; the calendar status of this action as of
CALENDAR"
this date is: "NOT ON TRIAL
DATED: August 7, 2019
New York, New York
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant/Third Party Plaintiff
VILLAGEFH LLC
Office and Post Office Address
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
By:
Richard C. Prezioso
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NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019
Index No.: 154863/2018 (ECF)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ROBERTO RODRIGUEZ,
Plaintiff,
-against-
VILLAGEFH LLC AND SMI CONSTRUCTION MANAGEMENT INC.,
Defendants.
AND THIRD-PARTY ACTION.
THIRD-PARTY SUMMONS AND THIRD-PARTY COMPLAINT
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant/Third Party Plaintiff
Villagefh LLC
Office and Post Office Address
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
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Preview
FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------x Index No.: 154863/2018 ROBERTO RODRIGUEZ, (ECF) Plaintiff, THIRD-PARTY SUMMONS v. VILLAGEFH LLC AND SMI CONSTRUCTION MANAGEMENT INC., Defendants. ---------------------------------------------------------------------x ---------------------------------------------------------------------x VILLAGEFH LLC, Defendant/Third-Party Plaintiff, v. JOVIN DEMO NEW YORK, INC., Third-Party Defendant. ---------------------------------------------------------------------x YOU ARE HEREBY SUMMONED to answer the Complaint of Defendant/Third Party Plaintiff VILLAGEFH LLC, a copy of which is hereby served upon you and is incorporated by reference as if more fully set forth herein, and to serve copies of your answer upon the undersigned Attorneys for Defendant/Third Party Plaintiff, VILLAGEFH LLC and upon Attorneys at the service addresses listed herein below within twenty (20) days after service of this Third Party Summons and Third Party Complaint exclusive of the day of service or within thirty days after completion of service where service is made in any manner other than by personal delivery within the State. In case of your failure to answer the Third Party Complaint, a judgment will be taken against you by default for the relief demanded in this Third Party Complaint. 1 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019 WHEREFORE, each Third Party Plaintiff de-snds judginent dio-4cohg the Complaiñt (Exhibit "A"); and further d~nands an adj=ak=4n of the proportionate responsibiHty for all parties defendant in this action; and full or partial indemnity from the third-party defendant, as the trier of fact shall find, for any damage award against the Third Party Plaintiffs. Pursuant to CPLR 3402 (b), we give NOTICE that the title of this action has been changed from the style of the Complaint of the Plaintiff (Exhibit "A") to the style of this THIRD PARTY SUMMONS and THIRD PARTY COMPLAINT; the calendar status of this action as of CALENDAR" this date is: "NOT ON TRIAL DATED: August 7, 2019 New York, New York EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third Party Plaintiff VILLAGEFH LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212) 6 2-4200 By: Richard C. Prezioso TO: Stavros E. Sitinas, LLC Attorneys for Plaintiff Roberto Rodriguez 444 Madison Avenue, 4th Floor New York, New York 10022 Raven & Kolbe, LLP Attorneys for Defendant, SMT Construction Mañaganent Inc. 126 East 56th Street, Suite 202 New York, New York 10022 Jovin Demo New York, Inc. Third-Party Defendant 402 Marshall Street Paterson, NJ 07503 2 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------x Index No.: 154863/2018 ROBERTO RODRIGUEZ, (ECF) Plaintiff, THIRD-PARTY v. COMPLAINT VILLAGEFH LLC AND SMI CONSTRUCTION MANAGEMENT INC., Defendants. ---------------------------------------------------------------------x ---------------------------------------------------------------------x Index No.: VILLAGEFH LLC, Defendant/Third-Party Plaintiff, v. JOVIN DEMO NEW YORK, INC., Third-Party Defendant. ---------------------------------------------------------------------x Defendant/Third Party Plaintiff VILLAGEFH LLC, by its attorneys, EUSTACE, PREZIOSO & YAPCHANYK, as and for its Third Party Complaint against Third Party Defendant JOVIN DEMO NEW YORK, INC. respectfully alleges upon information and belief as follows: 1. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO NEW YORK, INC. was and still is a domestic corporation organized and existing under the laws of the State of New York with its principal place of business located at 402 Marshall Street Paterson, NJ 07503. 2. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO NEW YORK, INC. was and still is a foreign limited liability company authorized to do business in the State of New York. 3. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO 3 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019 NEW YORK, INC. was and stillis a partnership duly organized and existing pursuant to the laws of the State of New York. 4. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO NEW YORK, INC. was and stillis a foreign corporation doing business pursuant to the laws of the State of New York. 5. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO NEW YORK, INC. was and still is limited partnership duly organized and existing pursuant to the laws of the State of New York. 6. That at all times hereinafter mentioned, Third Party Defendant JOVIN DEMO NEW YORK, INC. actually conducted and transacted business, engaged in a persistent course of conduct and derived substantial revenue from services within the State of New York. 7. That this action is based on transactions or occurrences within the State of New York. 8. That heretofore, Plaintiff ROBERTO RODRIGUEZ, commenced an action against Defendant/Third Party Plaintiff VILLAGEFH LLC wherein it is alleged that Plaintiff suffered injuries as a result of an alleged fall off a makeshift ramp/walkway while carrying a bucket of construction debris on the premises of 27 Christopher Street, New York, New York on September 13, 2016. A copy of said complaint is annexed hereto as Exhibit A. 9. That Defendant/Third Party Plaintiff VILLAGEFH LLC has denied all material allegations to the Plaintiff’s complaint. A copy of Defendant/Third Party Plaintiff’s Answer is annexed hereto as Exhibit B. AS AND FOR A FIRST CAUSE OF ACTION FOR CONTRACTUAL INDEMNITY 10. Defendant/Third Party Plaintiff VILLAGEFH LLC repeat and reallege each and every allegation contained in paragraphs 1 through 9 of this Third-Party Complaint. 4 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019 11. That prior to the date of the accident which is the subject of this action, Defendant SMI CONSTRUCTION MANAGEMENT INC entered into a written agreement with Third Party Defendant JOVIN DEMO NEW YORK, INC. for the premises located at 27 Christopher Street, New York, New York. A copy of the referenced agreement and renewal of said agreement are attached hereto collectively as Exhibit C. 12. That said agreement was in effect on the date of accident which is the subject of this action. 13. That pursuant to said agreement, Third Party Defendant JOVIN DEMO NEW YORK, INC. assumed the obligation to hold harmless Defendant/Third Party Plaintiff VILLAGEFH LLC. 14. That pursuant to said agreement, Third Party Defendant JOVIN DEMO NEW YORK, INC. assumed the obligation to indemnify Defendant/Third Party Plaintiff VILLAGEFH LLC. 15. That pursuant to said agreement, Third Party Defendant JOVIN DEMO NEW YORK, INC. is to assume the defense of Defendant/Third Party Plaintiff VILLAGEFH LLC. 16. That if the Plaintiff was caused to sustain the alleged injuries and damages at the time and place mentioned in Plaintiff’s Complaint, due to any carelessness, recklessness or negligence other than Plaintiff’s own carelessness, recklessness or negligence, and in the event of any judgment or settlement is recovered herein by Plaintiff against Defendant/Third Party Plaintiff VILLAGEFH LLC, then said Defendants/Third Party Plaintiffs will be damaged thereby and Third Party Defendant JOVIN DEMO NEW YORK, INC. is or will be responsible therefore by virtue of the terms, covenants, warranties and clauses contained in the aforesaid agreement. 5 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019 17. That by reason of the foregoing, pursuant to the hold harmless/indemnification agreement, Third Party Defendant JOVIN DEMO NEW YORK, INC. must indemnify the Defendant/Third Party Plaintiff VILLAGEFH LLC in full for any money Defendants/Third Party Plaintiffs paid or pays to Plaintiff. AS AND FOR A SECOND CAUSE OF ACTION FOR BREACH OF CONTRACT FOR FAILURE TO PROCURE INSURANCE 18. Defendant/Third Party Plaintiff VILLAGEFH LLC repeat and reallege each and every allegation contained in paragraphs 1 through 17 of this Third-Party Complaint. 19. That prior to the date of the alleged occurrence which is the subject of this action, Third Party Defendant JOVIN DEMO NEW YORK, INC. agreed to procure a policy of liability insurance insuring Defendant/Third Party Plaintiff VILLAGEFH LLC against claims such as that which is asserted in this action against Defendants/Third Party Plaintiffs. 20. That pursuant to said agreement, Third Party Defendant JOVIN DEMO NEW YORK, INC. was, prior to the commencement of any work under the contract, at its own expense, to maintain insurance on its own behalf and naming Defendant/Third Party Plaintiff VILLAGEFH LLC as additional insureds pursuant to the terms of said agreement with said insurance policy providing for comprehensive liability insurance. 21. Upon information and belief, Third Party Defendant JOVIN DEMO NEW YORK, INC. failed to procure such insurance thereby breaching the agreement with Defendant/Third Party Plaintiff VILLAGEFH LLC, and if to the extent that Plaintiff shall recover against Defendants/Third Party Plaintiffs, then said Defendants/Third Party Plaintiffs will have been damaged thereby and is entitled to be indemnified by Third Party Defendant JOVIN DEMO NEW YORK, INC. for the full amount of any recovery by Plaintiff herein. 6 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019 WHEREFORE, each Third Party Plaintiff demands judgmcñt diaminaing the Complaint (Exhibit A); and further demands an adjudication of the proportionate for all respenaibility parties Def:ndant in this action; and full or partial indemnity from the Third Party Defendant, as the trier of fact shall find, for any damage award against the Third Party Plaintiff. Pursuant to CPLR 3402 (b), we give NOTICE that the title of this action has been chañgcd from the style of the Complaint of the plaintiffs (Exhibit "A") to the style of this THIRD PARTY SUMMONS and THIRD PARTY COMPLAINT; the calendar status of this action as of CALENDAR" this date is: "NOT ON TRIAL DATED: August 7, 2019 New York, New York EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third Party Plaintiff VILLAGEFH LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 By: Richard C. Prezioso 7 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:02 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/07/2019 Index No.: 154863/2018 (ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ROBERTO RODRIGUEZ, Plaintiff, -against- VILLAGEFH LLC AND SMI CONSTRUCTION MANAGEMENT INC., Defendants. AND THIRD-PARTY ACTION. THIRD-PARTY SUMMONS AND THIRD-PARTY COMPLAINT EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third Party Plaintiff Villagefh LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 8 of 8