Preview
(FILED: NASSAU COUNTY CLERK 0670572015 03:17 PM INDEX NO. 604204/2014
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/05/2015
| .
| SUPREME COURT OF THE STATE OF NEW YORK
| SouNt® OF NASSAU
Index # 604204/14
| MICHAEL MESSINA,
| Plaintiff,
|
-against— THIRD-PARTY SUMMONS
|
MORTON VILLAGE REALTY, INC. and
PHILLIPS INTERNATIONAL REALTY, INC.,
Defendants.
I ea Sm a tt iE x Third-Party
Index #:
MORTON VILLAGE REALTY, INC. and
| PHILLIPS INTERNATIONAL REALTY, INC.,
Third-Party Plaintiffs,
| MR. JOE’S PIZZERIA & RISTORANTE,
RUAGO, LLC d/b/a PIZZA DELIGHT, INC.,
ANTO, INC., GIUSEPPE FRANZELLA, ,
JOSEPH LOGLISCI, MICHAEL RUGGIERO,
DIG ENTERPRISE, INC. and PETE LAMARIANA,
| -against-
|
Third-Party Defendants.
To the above named Third-Party Defendant(s):
| You are hereby summoned to answer the complaint of the
Third-Party Plaintiffs and of the Plaintiff, copies of which
are herewith served upon you, and to serve copies of your
| answer on the undersigned attorney for the Third-Party
| Plaintiff and upon Plaintiff within (20) days after the
services of Third-Party Summons and Complaint upon you,
exclusive of the day of service, (or within [30) days after the
service is complete if this Summons is not personally delivered
to you within the State of New York; and in case of your
failure to appear or answer, judgment will be taken against you
by default for the relief demanded in the Third-Party
PATTERSON & SCIARRINO, L.L.P.Mineola,
Plainview,
Complaint.
(516) 741-5252
JOSEPH LOGLISCI
1048 Old Country Road
Plainview,
1803
NY 11803
DATED: Bayside, New York
June 4, 2015
Yours etc.,
CHWs,
Eric Weiss, Esq.
PATTERSON & SCIARRINO, L.L.P.
Attorney for Defendant/Third-Party
Plaintiffs
MORTON VILLAGE REALTY, INC. AND
PHILLIPS INTERNATIONAL REALTY, INC.
42-40 Bell Blvd., Suite 606
Bayside, New York 11361
(718) 631-4400
To:
Sanders, Sanders, Block
Woycik, Viener & Grossman, P.C.
Attorney for Plaintiff
100 Herricks Road, #101
NY 11501
MR. JOE’S PIZZERIA & RISTORANTE
1046-48 Old Country Road
New York 11803
RUAGO, LLC. d/b/a PIZZA DELIGHT INC.
1048 Qld Country Road
Plainview, NY 1
PATTERSON & SCIARRINO, L.L.P.MICHAEL RUGGIERO
1048 Old Country Road
Plainview, NY 11803
GIUSEPPE FRANZELLA
5 August Lane
Old Westbury, NY 11568
ANTO, INC.
5S August Lane
Old Westbury, NY 11568
DIG ENTERPRISE, INC.
70 Vondran Street
Huntington Station,
PETE LAMARIANA
70 Vondran Street
Huntington Station,
NY 11746
Ny 11746
PROMPTLY FORWARD TO YOUR COMMERCIAL INSURANCE COMPANY
PATTERSON & SCIARRINO, L.L.P.SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
MICHAEL MESSINA,
Plaintiff,
-against-
MORTON VILLAGE REALTY, INC. and
PHILLIPS INTERNATIONAL REALTY, INC.,
Defendants.
MORTON VILLAGE REALTY, INC. and
PHILLIPS INTERNATIONAL REALTY, INC.,
Third-Party Plaintiffs,
I -against-
MR. JOE’S PIZZERIA & RISTORANTE,
RUAGO, LLC d/b/a PIZZA DELIGHT,
ANTO, INC., GIUSEPPE FRANZELLA,
JOSEPH LOGLISCI, MICHAEL RUGGIERO,
DIG ENTERPRISE, INC. and PETE LAMARIANA,
INC.,
Third-Party Defendants.
Defendants/Third-Party Plaintiffs,
Index # 604204/14
THIRD-PARTY COMPLAINT
Third-Party
Index #:
MORTON VILLAGE REALTY,
INC. and PHILLIPS INTERNATIONAL REALTY, INC., by their
attorneys PATTERSON & SCIARRINO, L.L.P., for its Complaint
against the Third-Party Defendants, upon information and
belief, respectfully allege:
PATTERSON & SCIARRINO, L.L.P.Annexed hereto and made a part hereof is Plaintiff’s
Summons and Complaint, Defendants’ Answer and Leases.
ds At all times hereinafter mentioned, Defendants/Third-
Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS
INTERNATIONAL REALTY, INC., are the owner of certain premises
and/or place of business located at 1048 Old Country Road,
County of Nassau, State of New York.
2. That at all times herein mentioned, Third-Party
Defendant, MR. JOE’S PIZZERIA & RISTORANTE, was a tenant of
Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC.
and PHILLIPS INTERNATIONAL REALTY, INC.
3. That at all times herein mentioned, Third-Party
Defendant, MR. JOE’S PIZZERIA & RISTORANTE, was operating a
business from aforementioned premises.
| 4. That at all times herein mentioned, Third-Party
Defendant, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., was a tenant
of Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC.
and PHILLIPS INTERNATIONAL REALTY, INC. pursuant to the leased
dated April 19, 1991.
5. That at all times herein mentioned, Third-Party
Defendant, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., was operating
a business from aforementioned premises.
6. That at all times herein mentioned, Third-Party
Defendant, JOSEPH LOGLISCI, was the owner of Third-Party
PATTERSON & SCIARRINO, L.L.P.Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC.
7. That at all times herein mentioned, Third-Party
Defendant, MICHAEL RUGGIERO, was the owner of Third-Party
Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC.
8. That at all times herein mentioned, Third-Party
Defendant, MICHAEL RUGGIERO, was a member of Third-Party
Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC.
9. That at all times herein mentioned, Third-Party
Defendant, ANTO, INC., was a tenant of Defendant/Third-Party
Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLIPS
INTERNATIONAL REALTY, INC.
10. That at all times herein mentioned, Third-Party
Defendant, ANTO, INC., was operating a business from
aforementioned premises.
11. That at all times herein mentioned, Third-Party
Defendant, GIUSEPPE FRANZELLA, was a tenant of Defendant/Third-
Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS
INTERNATIONAL REALTY, INC.
12. That at all times herein mentioned, Third-Party
Defendant, GIUSEPPE FRANZELLA, was operating a business from
aforementioned premises.
13. That at all times herein mentioned, Third-Party
Defendant, GIUSEPPE FRANZELLA, was the owner of Third-Party
Defendant, ANTO, INC.
PATTERSON & SCIARRINO, L.L.P.14. That at all times herein mentioned, Third-Party
Defendants, ANTO, INC. and GIUSEPPE FRANZELLA, subleased the
aforementioned premises and/or business to Third-Party
Defendant RUAGO LLC d/b/a PIZZA DELIGHT, INC.
15. That at all times herein mentioned, Third-Party
Defendant, DIG ENTERPRISE, INC. is a New York State corporation
with a business address of 70 Vondran Street, Huntington
Station, New York 11746.
16. That at all times herein mentioned Third-Party
Defendant, DIG ENTERPRISE, INC., its agents, servants and/or
employees were in the business maintenance.
17 That at all times herein mentioned Third-Party
Defendant, DIG ENTERPRISE, INC., its agents, servants and/or
employees had a duty to maintain in a reasonable, safe
condition in snow and/or ice removal of the aforesaid
premises.
18. That at all times herein mentioned Third-Party
Defendant, PETE LAMARIANA is the owner of Third-Party
Defendant, DIG ENTERPRISE, INC.
19. That at all times herein mentioned Third-Party
Defendant, PETE LAMARIANA, his agents, servants and/or
employees had a duty to maintain in a reasonable, safe
condition in snow and/or ice removal of the aforesaid
premises.
PATTERSON & SCIARRINO, L.L.P.20. That at all times herein mentioned Third-Party
Defendants, DIG ENTERPRISE, INC. and PETE LAMARIANA, were under
contract with Third-Party Plaintiffs, MORTON VILLAGE REALTY,
INC. and PHILLIPS INTERNATIONAL REALTY, INC. to maintain in a
reasonable, safe condition in snow and/or ice removal of the
aforesaid premises.
21. If Defendant/Third-Party Plaintiff, MORTON VILLAGE
REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. are liable
to the plaintiff, then he is entitled to indemnification and/or
contribution pursuant to the terms of the written
contract/lease annexed hereto between MORTON VILLAGE REALTY,
INC. and PHILLIPS INTERNATIONAL REALTY, INC. and MR. JOE’S
PIZZERIA & RISTORANTE, RUAGO, LLC d/b/a PIZZA DELIGHT, INC.,
ANTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISCI, MICHAEL
RUGGIERO, DIG ENTERPRISE, INC. and PETE LAMARTIANA, requiring
indemnification of Third-Party Plaintiff.
22. That if the Plaintiff, MICHAEL MESSINA, was allegedly
caused to sustain injury at the time and place set forth in the
Plaintiff’s Complaint through any carelessness or negligence
other than the carelessness and negligence of said Plaintiff,
then such damages were caused solely by reason of the Third-
Party Defendants’ carelessness and negligence.
23. By reason of the foregoing, if the Plaintiff, MICHAEL
MESSINA, obtains judgment in the above-captioned action against
» |
PATTERSON & SCIARRINO, L.L.P.the Defendants/Third-Party Plaintiffs, then, the
Defendants/Third-Party Plaintiffs are entitled to and = shall
seek indemnity, in whole or in part, from the Third-Party
Defendants.
WHEREFORE, in the event that Plaintiff MICHAEL MESSINA,
obtains judgment against Defendants/Third-Party Plaintiffs
MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY
INC., in the primary action, then Defendants/Third-Party
Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS
INTERNATIONAL REALTY, INC., hereby demands judgment of
indemnification against Third-Party Defendants for the amount
of Plaintiff’s said judgment or, in the alternative, for such
part of said judgment as is apportionable to the negligence of
Third-Party Defendants as compared with the alleged negligence,
if any, of Defendants/Third-Party Plaintiffs, together with
interest, attorneys fee, costs and disbursements of this
action.
DATED: Bayside, New York
June 4, 2015
Yours etc.,
QW ew
Eric Weiss
PATTERSON & SCIARRINO, L.L.P.
Attorney for Defendants/Third-Party
Plaintiffs
PATTERSON & SCIARRINO, L.L.P.MORTON VILLAGE
PHILLIPS INTERNATIONAL REALTY,
42-40 Bell Blvd.,
Bayside, New York 11361
(718) 631-4400
To:
Sanders, Sanders, Block
Woycik, Viener & Grossman, P.C.
Attorney for Plaintiff
100 Herricks Road, #101
Mineola, NY 11501
(516) 741-5252
MR. JOE’S PIZZERIA & RISTORANTE
1046-48 Old Country Road
Plainview, New York 11803
RUAGO, LLC. d/b/a PIZZA DELIGHT INC.
1048 Old Country Road
Plainview, NY 11803
JOSEPH LOGLISCI
1048 Old Country Road
Plainview, NY 11803
MICHAEL RUGGIERO
1048 Old Country Road
Plainview, NY 11803
GIUSEPPE FRANZELLA
5 August Lane
Old Westbury, NY 11568
ANTO, INC.
5S August Lane
Old Westbury, NY 11568
DIG ENTERPRISE, INC.
70 Vondran Street
Huntington Station, NY 11746
PETE LAMARIANA
70 Vondran Street
Huntington Station, NY 11746
PATTERSON & SCIARRINO, L.L.P.
AND
10ATTORNEY'S AFFIRMATION
STATE OF NEW YORK )
) ss:
COUNTY OF QUEENS )
I, Eric Weiss, the undersigned, am an attorney admitted to
practice in the Courts of the State of New York, and say that:
I am an associate in the law firm of PATTERSON & SCIARRINO,
L.L.P., attorneys for the Defendant/Third-Party Plaintiff. I have
read the annexed Third-Party Complaint and know the contents thereof
and the same are true to my knowledge, except those matters therein
which are stated to be alleged upon information and belief, and as to
those matters I believe them to be true. My belief, as to those
matters therein not stated upon knowledge, is based upon following:
investigation, interviews with client, records, reports, documents,
correspondence data, memoranda, etc., contained in the file.
The reason I make this verification instead of Defendant/Third-
Party Plaintiff, is that the Defendant/Third-Party Plaintiff, was
unavailable and out of the county of Queens at the time of drafting
and serving the attached complaint, wherein I maintain my offices.
I affirm that the foregoing statements are true under the
penalties of perjury.
Dated: Bayside, New York
June 4, 2015
ce Ware
Eric Weiss
PATTERSON & SCIARRINO, L.L.P.
Preview
(FILED: NASSAU COUNTY CLERK 0670572015 03:17 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/05/2015 | . | SUPREME COURT OF THE STATE OF NEW YORK | SouNt® OF NASSAU Index # 604204/14 | MICHAEL MESSINA, | Plaintiff, | -against— THIRD-PARTY SUMMONS | MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC., Defendants. I ea Sm a tt iE x Third-Party Index #: MORTON VILLAGE REALTY, INC. and | PHILLIPS INTERNATIONAL REALTY, INC., Third-Party Plaintiffs, | MR. JOE’S PIZZERIA & RISTORANTE, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., ANTO, INC., GIUSEPPE FRANZELLA, , JOSEPH LOGLISCI, MICHAEL RUGGIERO, DIG ENTERPRISE, INC. and PETE LAMARIANA, | -against- | Third-Party Defendants. To the above named Third-Party Defendant(s): | You are hereby summoned to answer the complaint of the Third-Party Plaintiffs and of the Plaintiff, copies of which are herewith served upon you, and to serve copies of your | answer on the undersigned attorney for the Third-Party | Plaintiff and upon Plaintiff within (20) days after the services of Third-Party Summons and Complaint upon you, exclusive of the day of service, (or within [30) days after the service is complete if this Summons is not personally delivered to you within the State of New York; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Third-Party PATTERSON & SCIARRINO, L.L.P.Mineola, Plainview, Complaint. (516) 741-5252 JOSEPH LOGLISCI 1048 Old Country Road Plainview, 1803 NY 11803 DATED: Bayside, New York June 4, 2015 Yours etc., CHWs, Eric Weiss, Esq. PATTERSON & SCIARRINO, L.L.P. Attorney for Defendant/Third-Party Plaintiffs MORTON VILLAGE REALTY, INC. AND PHILLIPS INTERNATIONAL REALTY, INC. 42-40 Bell Blvd., Suite 606 Bayside, New York 11361 (718) 631-4400 To: Sanders, Sanders, Block Woycik, Viener & Grossman, P.C. Attorney for Plaintiff 100 Herricks Road, #101 NY 11501 MR. JOE’S PIZZERIA & RISTORANTE 1046-48 Old Country Road New York 11803 RUAGO, LLC. d/b/a PIZZA DELIGHT INC. 1048 Qld Country Road Plainview, NY 1 PATTERSON & SCIARRINO, L.L.P.MICHAEL RUGGIERO 1048 Old Country Road Plainview, NY 11803 GIUSEPPE FRANZELLA 5 August Lane Old Westbury, NY 11568 ANTO, INC. 5S August Lane Old Westbury, NY 11568 DIG ENTERPRISE, INC. 70 Vondran Street Huntington Station, PETE LAMARIANA 70 Vondran Street Huntington Station, NY 11746 Ny 11746 PROMPTLY FORWARD TO YOUR COMMERCIAL INSURANCE COMPANY PATTERSON & SCIARRINO, L.L.P.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU MICHAEL MESSINA, Plaintiff, -against- MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC., Defendants. MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC., Third-Party Plaintiffs, I -against- MR. JOE’S PIZZERIA & RISTORANTE, RUAGO, LLC d/b/a PIZZA DELIGHT, ANTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISCI, MICHAEL RUGGIERO, DIG ENTERPRISE, INC. and PETE LAMARIANA, INC., Third-Party Defendants. Defendants/Third-Party Plaintiffs, Index # 604204/14 THIRD-PARTY COMPLAINT Third-Party Index #: MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC., by their attorneys PATTERSON & SCIARRINO, L.L.P., for its Complaint against the Third-Party Defendants, upon information and belief, respectfully allege: PATTERSON & SCIARRINO, L.L.P.Annexed hereto and made a part hereof is Plaintiff’s Summons and Complaint, Defendants’ Answer and Leases. ds At all times hereinafter mentioned, Defendants/Third- Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC., are the owner of certain premises and/or place of business located at 1048 Old Country Road, County of Nassau, State of New York. 2. That at all times herein mentioned, Third-Party Defendant, MR. JOE’S PIZZERIA & RISTORANTE, was a tenant of Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. 3. That at all times herein mentioned, Third-Party Defendant, MR. JOE’S PIZZERIA & RISTORANTE, was operating a business from aforementioned premises. | 4. That at all times herein mentioned, Third-Party Defendant, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., was a tenant of Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. pursuant to the leased dated April 19, 1991. 5. That at all times herein mentioned, Third-Party Defendant, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., was operating a business from aforementioned premises. 6. That at all times herein mentioned, Third-Party Defendant, JOSEPH LOGLISCI, was the owner of Third-Party PATTERSON & SCIARRINO, L.L.P.Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC. 7. That at all times herein mentioned, Third-Party Defendant, MICHAEL RUGGIERO, was the owner of Third-Party Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC. 8. That at all times herein mentioned, Third-Party Defendant, MICHAEL RUGGIERO, was a member of Third-Party Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC. 9. That at all times herein mentioned, Third-Party Defendant, ANTO, INC., was a tenant of Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. 10. That at all times herein mentioned, Third-Party Defendant, ANTO, INC., was operating a business from aforementioned premises. 11. That at all times herein mentioned, Third-Party Defendant, GIUSEPPE FRANZELLA, was a tenant of Defendant/Third- Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. 12. That at all times herein mentioned, Third-Party Defendant, GIUSEPPE FRANZELLA, was operating a business from aforementioned premises. 13. That at all times herein mentioned, Third-Party Defendant, GIUSEPPE FRANZELLA, was the owner of Third-Party Defendant, ANTO, INC. PATTERSON & SCIARRINO, L.L.P.14. That at all times herein mentioned, Third-Party Defendants, ANTO, INC. and GIUSEPPE FRANZELLA, subleased the aforementioned premises and/or business to Third-Party Defendant RUAGO LLC d/b/a PIZZA DELIGHT, INC. 15. That at all times herein mentioned, Third-Party Defendant, DIG ENTERPRISE, INC. is a New York State corporation with a business address of 70 Vondran Street, Huntington Station, New York 11746. 16. That at all times herein mentioned Third-Party Defendant, DIG ENTERPRISE, INC., its agents, servants and/or employees were in the business maintenance. 17 That at all times herein mentioned Third-Party Defendant, DIG ENTERPRISE, INC., its agents, servants and/or employees had a duty to maintain in a reasonable, safe condition in snow and/or ice removal of the aforesaid premises. 18. That at all times herein mentioned Third-Party Defendant, PETE LAMARIANA is the owner of Third-Party Defendant, DIG ENTERPRISE, INC. 19. That at all times herein mentioned Third-Party Defendant, PETE LAMARIANA, his agents, servants and/or employees had a duty to maintain in a reasonable, safe condition in snow and/or ice removal of the aforesaid premises. PATTERSON & SCIARRINO, L.L.P.20. That at all times herein mentioned Third-Party Defendants, DIG ENTERPRISE, INC. and PETE LAMARIANA, were under contract with Third-Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. to maintain in a reasonable, safe condition in snow and/or ice removal of the aforesaid premises. 21. If Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. are liable to the plaintiff, then he is entitled to indemnification and/or contribution pursuant to the terms of the written contract/lease annexed hereto between MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. and MR. JOE’S PIZZERIA & RISTORANTE, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., ANTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISCI, MICHAEL RUGGIERO, DIG ENTERPRISE, INC. and PETE LAMARTIANA, requiring indemnification of Third-Party Plaintiff. 22. That if the Plaintiff, MICHAEL MESSINA, was allegedly caused to sustain injury at the time and place set forth in the Plaintiff’s Complaint through any carelessness or negligence other than the carelessness and negligence of said Plaintiff, then such damages were caused solely by reason of the Third- Party Defendants’ carelessness and negligence. 23. By reason of the foregoing, if the Plaintiff, MICHAEL MESSINA, obtains judgment in the above-captioned action against » | PATTERSON & SCIARRINO, L.L.P.the Defendants/Third-Party Plaintiffs, then, the Defendants/Third-Party Plaintiffs are entitled to and = shall seek indemnity, in whole or in part, from the Third-Party Defendants. WHEREFORE, in the event that Plaintiff MICHAEL MESSINA, obtains judgment against Defendants/Third-Party Plaintiffs MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY INC., in the primary action, then Defendants/Third-Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC., hereby demands judgment of indemnification against Third-Party Defendants for the amount of Plaintiff’s said judgment or, in the alternative, for such part of said judgment as is apportionable to the negligence of Third-Party Defendants as compared with the alleged negligence, if any, of Defendants/Third-Party Plaintiffs, together with interest, attorneys fee, costs and disbursements of this action. DATED: Bayside, New York June 4, 2015 Yours etc., QW ew Eric Weiss PATTERSON & SCIARRINO, L.L.P. Attorney for Defendants/Third-Party Plaintiffs PATTERSON & SCIARRINO, L.L.P.MORTON VILLAGE PHILLIPS INTERNATIONAL REALTY, 42-40 Bell Blvd., Bayside, New York 11361 (718) 631-4400 To: Sanders, Sanders, Block Woycik, Viener & Grossman, P.C. Attorney for Plaintiff 100 Herricks Road, #101 Mineola, NY 11501 (516) 741-5252 MR. JOE’S PIZZERIA & RISTORANTE 1046-48 Old Country Road Plainview, New York 11803 RUAGO, LLC. d/b/a PIZZA DELIGHT INC. 1048 Old Country Road Plainview, NY 11803 JOSEPH LOGLISCI 1048 Old Country Road Plainview, NY 11803 MICHAEL RUGGIERO 1048 Old Country Road Plainview, NY 11803 GIUSEPPE FRANZELLA 5 August Lane Old Westbury, NY 11568 ANTO, INC. 5S August Lane Old Westbury, NY 11568 DIG ENTERPRISE, INC. 70 Vondran Street Huntington Station, NY 11746 PETE LAMARIANA 70 Vondran Street Huntington Station, NY 11746 PATTERSON & SCIARRINO, L.L.P. AND 10ATTORNEY'S AFFIRMATION STATE OF NEW YORK ) ) ss: COUNTY OF QUEENS ) I, Eric Weiss, the undersigned, am an attorney admitted to practice in the Courts of the State of New York, and say that: I am an associate in the law firm of PATTERSON & SCIARRINO, L.L.P., attorneys for the Defendant/Third-Party Plaintiff. I have read the annexed Third-Party Complaint and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon following: investigation, interviews with client, records, reports, documents, correspondence data, memoranda, etc., contained in the file. The reason I make this verification instead of Defendant/Third- Party Plaintiff, is that the Defendant/Third-Party Plaintiff, was unavailable and out of the county of Queens at the time of drafting and serving the attached complaint, wherein I maintain my offices. I affirm that the foregoing statements are true under the penalties of perjury. Dated: Bayside, New York June 4, 2015 ce Ware Eric Weiss PATTERSON & SCIARRINO, L.L.P.