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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
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10876 -520
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS 171 32/1 4
index #: lx/y; ;(§<9<
MARIA ABAYAN "M " " "- *-- * X I
I
Plaintiff, THIRD PARTY SUMMONS
-against-
THE CITY OF NEW YQRK, VERIZON NEW YORK
INC. and CONSOLIDATED EDISON, INC. I
Defendants.
VERIgQNN3wygRK-INC -* *----- "- -* - -X
Third Party Index #z
'I'hiI'¢j-Partly Plaintiff,
-against-
Date Filed:
V.N.33**. UTILITY CQNTRACTING co., INC.
I
Third-Party Defendant.
_-------------------------------X
TO THE ABOVE NAMED THIRD PARTY DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint of the
Defendant/Third-Party Plaintiff, VERIZON NEW YORK INC., and of the
Plaintiff, copies of which are served upon you, and to serve copies5
of your answer upon the undersigned, attorneys for the
Defendant/Third-Party Plaintiff, and upon GOIDEL & SIEGEL, LLP,
attorneys for the Plaintiff, MARIA BABAXAN, whose address is 56 west
45 Street, 3" Floor, New York, New York 10036 and upon, ZACHARY W.
CARTER, CORPORATION COUNSEL, Attorney for Defendant, THE CITY OF NEW
YORK, whose address is 100 Church Street, New York, New York 10007
and DAVID M. SANTORO, ESQ., Attorney for the Defendant, CONSOLIDATED
EDISON, INC., whose address is 4 Irving Place, New York, New York
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
I 10603, twenty (20) days af ter service upon you of the Thlrcl-Party
Summons and Complaint, exclusive of the date of service where service
is made by delivery upon you personally within the State of New York,
or within thirty (30) days af ter the completion of service, where
service is made in any other manner.
In case of your f ailure to answer the complaint of the
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Defendant/Third-Party Plaintiff, a judgment will be taken against you
by default for the relief demanded in the Tllird-»Paxty Complaint.
Dated: New York, New York
August: 11, 2015
Yours, etc. ,
CULLEN AND DYKMAN LLP
By: 0 6 fy
THQMAS J. x8ERNETHY
At&orneys for Defendant
VERIZON NEW YORK INC.
44 Wall Street
New York, New York 10005
(212)701-4124
File No. 10876~520
TO : SEE ATTACHED RIDER
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i
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FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
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I RIDER z
VIA PROCESS SERVER
v.N.A. UTILITY CONTRACTING CO. INC.
1037 61"" Street
Brooklyn, New Ynrk 11219
GOIDEL & SIEGEL, LLP
By: Andrew B. Siegel, Esq.
Attorneys for Plaintiff
MARIA BABAYAN
56 West 45 Street, 3m Floor
New York, New York 10036
(212) 840~3737
ZACI-IARY W. CARTER, ESQ.
Corporation Counsel
Attorney for Defendant
THE CITY OF NEW YORK
350 Jay Street, gm Floor
Brooklyn, New York 11201
DAVID M. SANTORO, ESQ.
Attorney for Defendant I
CONSOLIDATED EDISON, INC.
4 Irving Place r
New York New York: 10003
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FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
I
SUPREME COURT OF THE STATE OE' NEW YORK weve- 530
COUNTY OF KINGS
17132/14
MARIA BABAYAN, -x Index fi: XZRLX X9(
Plaintiff, THIRIJ PARTY COMPLAINT
~against~
THE CITY OF NEW YORK, VERIZON NEW YGRK
I INC. and CONSOLIDATED EDISON, INC.,
Defendants.
-------------~------_------_-_----------X
VERIZON NEW YORK INC.
Third Party Index #:
Third-Party Plaintiff,
~against~
v,N.A. UTILITY CONTRACTING CO., INC. Date Filed:
Third-Party Defendant.
-------~-------------------------~-------x
Defendant and Third~Part:y Plaintiff, VERIZON NEW YORK INC.,
(hereinaf ter "VERIZON") by its attorneys, CULLEN AND DYKMAN LLP,
complaining of the Third~Part:.y Defendant, V.N.A. UTILITY CCJNTRACTING
CO., INC., (hereinaf ter "vNA") and respectfully alleges:
Upon infomation and belief, that at all times hereinaf ter
8 mentioned, defendant/third-party plaintiff, VERIZON was and is a
domestic corporation, duly organized and existing under and by virtue
of flhe laws of the State of New York.
2 Upon infomation and belief that at all times hereinaf ter
mentioned, third party defendant, V.N.A., was and is a domestic
|
1
corporatlon, duly organlzed and existing under and by virtue of the
laws of the State of New York.
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3. Upon information and belief that at all times hereina£ter|
fi)
\ | mentioned, third party defendant, V.N.A., was and is a foreign|
corporation authorized to do business in the State of New York.
4. Upon information and belief that at all times hereinaf ter
L"| mentioned, third party defendant, V.N.A., actually conducted and
transacted business, engaged ima a persistent course of conduct and
i derived substantial revenue from services rendered within the State
of New York.
5. Upon information and belief that at all times hereinaf ter!
f\ mentioned, third party defendant, V.N.A,, owned, operated and
maintained a business located at 1037 61st Street, Brooklyn, Newi
York. I
6. Upon information and belief that at all times hereinaf ter
C
- mentioned, third party defendant, v.N.A., is headquartered at 10371
61st Street, Brooklyn, New York. E
7. That on or about December 1, 2014, plaintiff, MARIA
-a;_,,
"8q
BABAYAN, commenced an action against THE CITY OF NEW YORK, vER1zoN|
W
`} nf
**
NEW YORK INC. and CONSQLIDATED EDISON, INC. to recover monies for
personal injuries allegedly sustained on or about February 19, 2014.
|
8. That annexed hereto as Exhibit "A" and without admitting
fx Li,. to the truth of the allegations contained therein, is a copy of the
9
| first-party summons and complaint.
|. 9. That annexed hereto as Exhibit "B" is a copy of VERIZON/S|
@w, .
l
answer to plaintiff's first party summons and complaint.
13 AS AND FOR A FIRST cause OF ACTION
11
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10. That prior to February 19, 2024, third party defendant,
14
V.N.A., entered into a written agreement; with defendant/third party'
plaintiff, VERIZON, to perform work in Brooklyn, New York.
"A \
11. That a contract was in effect between defendant/third
party plaintiff, VERIZQN, and third party defendant, v.N.A., prior to
February 19, 2014.
.
12. That annexed hereto as axhibit "C" is a copy o£ the
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4.3 contract, MA-000946~2010 between vmerzon and VNA.
13. That third~party defendant VNA performed work at or near
the general area of Neptune Avenue and Ocean Parkway, Brooklyn, prior
to February 19, 2014.
14. That the contract in effect between defendant/third party
ri* plaintiff, VERIZON, and third party defendant, V.N.A., provided that
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"gr third party defendant, V.N.A., was to hold harmless and indemnify
defendant/third party plaintiff, VERIZON, and provided further,
payment of attorneys' fees.
15. That this contract between VERIZON and V.N.A. was in
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effect and covered the general area of Neptune Avenue and Oceani
i*
Parkway, Brooklyn, prior to February 19, 2014. '
16. That the basis of plaintiff, MARIA BABAYAN'S actioni
against VERIZON is permits issued to VERIZON for work performed by
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41
V.N.A. pursuant to contract between VERIZON and V.N.A.
17. That under the contract between VERIZON and V.N.A., V.N.A.1
cv
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445 is contractually liable to defend and indemnify VERIZON for any;
V
alleged negligence of V.N.A.
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
18. That: third party defendant, V.N.A., breacheé the terms of
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its contract with defendant-third party plaintiff, VERIZON.
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19. That: any injuries allegedly sustained by plaintiff MARZA
,. il
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BABAYAN were caused by the f ailure of third party defendant, V.N.A.,
to abide by the terms of its contract with defendant:/third party
9 plaintiff, VERIZON.
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AS AND FOR A SECOND CAUSE OF ACTION
; zo. Defendant/third party plaintiff, VERIZON, repeats and
i
| reiterates each and every allegation contained in paragraphs "1"
pg through "21" hereof with the same force and effect: as though fully
| set forth herein.
21. That if defendant/third party plaintiff, VERIZON, is held
liable to 'olaintiff herein, such liability arises in whole or in part;
out of the active, affirmative, negligent and careless acts or
conduct of the third par ty defendant, V.N.A., its agents, servants,
and/or employees.
22. That the basis of plaintiff, MARIA BABAYAN's actions
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.<"\E \...| against VERIZON are permits issued to VERIZON for work performed by
fr
*,¢~
V.N.A.
23. That under common law principles tzhird party defendant,
3 i
J V.N.A., owes defendant/third party plaintiff, VERIZON, full
' |
I indemnification mcluding attorneys' fees and or contribution for the
i
firskz party claim.
!=»'~ 24. That: by reason of the foregoing, the defendant/third party'
:fi plaintiff, VERIZON, demands that the court on the trial hereoiii
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
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I apportion the responsibility of negligence, if any, between thei
I
par ties.
25. That in the event the defendant/third party plaintiff,
VERIZON, is held liable to the plaintiff, MARIA aABArAN,`
defendant/third party plaintiff demands judgment against the third
party defendant, V.N.A., for such amounts as they may required to payl
plaintiff over and above their proportionate share as may bei
determined by the apportionment of responsibility as adjudged herein.
AS AND FOR A THIRD CAUSE OF ACTION
26. Defendant/third party plaintiff, VERIZON, repeats aud
reiterates each and every allegation contained. in. paragraphs "1"'
through "26" hereof with the same force and effect ae though fully
set forth herein.
27. Pursuant to the agreement between defendant/third party
plaintiff, VERIZON, and v.N,A., V.N.A. was obliged to purchasei
insurance for the protection of defendant/third party plaintiff
covering claims for property damage andbodily injuries which arise
out of or by reason of or in the course of performance of the work of!
v.N.A.
Qi.. 28. Upon information and belief, V.N.A. failed to purchase
insurance for the protection of defendant/third party plaintiff,
VERIZON, in violation of its obligation.
29. As a result of V.N.A.'s breach of contract in failing to
purchase insurance for the protection of defendant/third party
plaintiff, VERIZON, defendant/third party plaintiff has been and will'
continue to be damaged as a result of the claims of plaintiff, in
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
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that they will be required to expend attorneys' fees and oLher
expenses for their own defense in the within action and will or may
be subject; to liability to the plaintiff, all of which costs and
expenses would have been defrayed and covered by liability insurance
that V.N.A. was obliged to purchase.
30. As a result of V.N.A.'e breach of contractual obligations
0 regarding the purchase of insurance, defendant/third party plaintiff,
_ VERIZON, is required to he reimbursed for the amount: of any judgment
or damages they may be obliged to pay the plaintiff, including the
coat: of any settlement, if any, and in addition thereto are entitled
to be reimbursed for the costs of attorneys' fees and defense costs
associated with the defense of defendant/third party plaintiff in
this action .
WHEREFORE, defendant/third party plaintiff VERIZON
demands :
(a) Judgment over and against third party defendant V.N.A. for
the full amount of any verdict, judgment or settlement
which may be obtained against defendant:/third party
plaintiff VERIZON by the plaintiff, or, on the basis of
appor tionment of responsibility, in such amounts as a
Court or jury may direct, together with the costs and
disbursements and legal fees for this action.
(b) That the defendant/third party plaintiff is entitled to
such other and further relief and declaration of rights
and legal rights as this Court deems just, proper and
equitable.
Datédz New York, New York
August 6, 2015
Yours, etc.,
CULLEN AND DYKMAN LLP
By: 47/~/ " \
Thomas J. 7Abernethy, Esq.
FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
Attorneys for Desendant
VERIZON NEW YORK INC.
44 Wall Street
New York, New York 10005
212-732-2000
File Mo.~ 10876-520
TO: GOIDEL & SIEGEL, LLP
By: Andrew B. Siegel, Esq.
Attorneys for Plaintiff
MARIA BABA1/AN
56 West 45"'scree:, Bm Floor
New York, New York 10036
(212) 840~3737
ZACHARY W. CARTER, ESQ.
Corporation Counsel
Attorney for Defendant
THE CITY OF NEW YORK
350 Jay Street, 8:11 Floor
Brooklyn, New York 11201
718~222-2000
DAVID M. SANTQRO, ESQ.
Attorney for Defendant
CONSOLIDATED EDISON, INC.
4 Irving Place
New York New York 10003
I
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
vrmisiczwzom
STATE OF NEW YORK >
) ss.
COUNTY OF NEW YORK )
THOMAS J. ABERNETHY, being duly sworn, deposes and states that
he is an attorney at law and is associated with CULLEN AND DYKI/IAN
LLP, attorneys for VERIZON NEW YORK INC., defendant/third-party
plaintiff, herein, that he has read the Third-Party Summons &.
Complaint, knows the contents thereof, and that the same is true to
his own knowledge, except: as to matters therein stated upon
infomation and belief, and aa to those matters he believes it to be
true; that the grounds of his belief as to all matters not, stated
upon her knowledge are the cozrrespondence and other writings
furnished to him by defendant/third-party plaintiff and interviews
with defendant/third-party plaintiff.
C74 9 g
Thomas J Abernethy
Sworn to before me this
./9 , d ay of `Angust , 2015
P7 I `\ f' v
>¢fi*'/.».?'4@ J ~. `\ H4164 ff SUYEITE D. JEUDY
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Q\1a1\Hed in 1
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Cw1mlss&on EX.°ires Ava. 18,
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
28 , 89
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
SUPREME COURT OF T1-IE STATE, OF NEW YORK
COUNTY CDF KINGS
-M`z3§i`23I `§37.323.`§f`1`i§, ';Index No . 187832 Gr
Plaintiff, 5 Date purcl1ased:-B'E€ I 8
~against~
*plaintiff Designates
§Kings County
.as the place of trial
The basis of venue is
Plaintif.€'s Residence
THE CITY OF NEW YORK, VERIZGN NEW iI
YORK, INC., and coNsoL1nA'J:Eo EDISON,
~ms
INC. 8
Defendants.
3 Plaintiff residas at
i2940 Ocean Avenue,
Brooklym New Yosrk 11235
________3 County of Kings
To the above named Defendant
YOU ARE HEREBY SUMMONED ta answex, or, if the complaint is not served with this
summons, to serve notice of appearance, on che Plaintiffs Attorney(s3 within zo days after che
service of this sm-rzmons, exclusive of the day of acrvica (or witzhln 30 days after the scrvice is
complete if this summons is not pnrsonally delivered to you within the Straw or Haw York): and
in casa ot your failure to appear or answer, judgment will be taken against you by default: for
the relief demanded ln the complaint.
Dated: December 9, 203.4
Defendants address'
The City ol' New York
Law
100
Department
Church Street r
/
New York, NY 10007
Veri zan New York, Inc.
1 Cross Is'anci Plaza { R!-J 222 c / t .-dV
Rosedalfe, NY 11422 ymfafew B. SiegeI7~ Esq.
Consclida ted Edison, Inc . GOIDEL & SIEGEL, LLP
4 Irving Place, Rm 1618-5 Act:orney(s) fox: Plaintiff
New York, NY 10903 Office and Post Office Address
56 West; 45th Street, 3rd Fl
New York, NY loU36
(212) 840-3737
FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
SUPREME COURT OE' THE STATE OF NEW YORK
COUNTY OF KINGS
-3
MARIA BABAYAN, §
I
Plaintiff, g Index Naz ?
x
compmazmr _8*§C 1 Q .2g;@
!
-against-
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THE CITE! OF NEW YORK, VERIZON NEW{
YORK, INC., and CONSOLIDATED EDIsoN,§
mc, g
Defendants. 8
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Plaintiff, MARIA BABAYAN (hereinafter referred to as
"Plaint.Lff"), by her attorneys, Goidel 6 Siegel, LLP for her
complaint against defendants, THE CITY OF NEW YORK (hereinafter
referred to as "CITY"), VERIZON NEW YORK, INC. (hereinaf ter
referred to as "Verizon"), and cowsomnzxfrmn EDISON, INC.
(hereinaf ter referred to as "Con Ed"), (hereinafter collectively
referred to as "Defendants") respectfully alleges as follows-
THE PARTIES
1. On February 19, 2014, Plaintiff was a resident of the
State of with a primary residence at 2940 Ocean Avenue, Brooklyn,
New York 11235.
2. On February 19, 2014, Defendant CITY was a municipal
corporation duly organized and existing under and pursuant to the
laws of the State of New York.
3. Prior to the commencement of this action, the Plaintiff
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022
duly complied with all of the conditions precedent to commencing
this acnion.
4. Plaintiff served a notice of claim upon CITY on April 9,
2014.
5. On Seprember 9, 2014 CITY conducted a hearing pursuant
to GML 50(h).
6. More than ninety days have elapsed since the service of
said notice of claim and the CITY has failed to settle or adjust
the Plaintiff's claims.
7. Con Ed is a domestic business corporation duly
organized and existing pursuant to the laws of the State of.New
York.
B. Verizon is a domestic business corporation duly
organized and existing pursuant to the laws of the State of New
York having its principal office
Preview
"==1»4z.="" FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 } 5 - ©23CMY 5 M'1@M8\\ 10876 -520 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS 171 32/1 4 index #: lx/y; ;(§<9< MARIA ABAYAN "M " " "- *-- * X I I Plaintiff, THIRD PARTY SUMMONS -against- THE CITY OF NEW YQRK, VERIZON NEW YORK INC. and CONSOLIDATED EDISON, INC. I Defendants. VERIgQNN3wygRK-INC -* *----- "- -* - -X Third Party Index #z 'I'hiI'¢j-Partly Plaintiff, -against- Date Filed: V.N.33**. UTILITY CQNTRACTING co., INC. I Third-Party Defendant. _-------------------------------X TO THE ABOVE NAMED THIRD PARTY DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint of the Defendant/Third-Party Plaintiff, VERIZON NEW YORK INC., and of the Plaintiff, copies of which are served upon you, and to serve copies5 of your answer upon the undersigned, attorneys for the Defendant/Third-Party Plaintiff, and upon GOIDEL & SIEGEL, LLP, attorneys for the Plaintiff, MARIA BABAXAN, whose address is 56 west 45 Street, 3" Floor, New York, New York 10036 and upon, ZACHARY W. CARTER, CORPORATION COUNSEL, Attorney for Defendant, THE CITY OF NEW YORK, whose address is 100 Church Street, New York, New York 10007 and DAVID M. SANTORO, ESQ., Attorney for the Defendant, CONSOLIDATED EDISON, INC., whose address is 4 Irving Place, New York, New York FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 I 10603, twenty (20) days af ter service upon you of the Thlrcl-Party Summons and Complaint, exclusive of the date of service where service is made by delivery upon you personally within the State of New York, or within thirty (30) days af ter the completion of service, where service is made in any other manner. In case of your f ailure to answer the complaint of the I I Defendant/Third-Party Plaintiff, a judgment will be taken against you by default for the relief demanded in the Tllird-»Paxty Complaint. Dated: New York, New York August: 11, 2015 Yours, etc. , CULLEN AND DYKMAN LLP By: 0 6 fy THQMAS J. x8ERNETHY At&orneys for Defendant VERIZON NEW YORK INC. 44 Wall Street New York, New York 10005 (212)701-4124 File No. 10876~520 TO : SEE ATTACHED RIDER I i I FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 r I RIDER z VIA PROCESS SERVER v.N.A. UTILITY CONTRACTING CO. INC. 1037 61"" Street Brooklyn, New Ynrk 11219 GOIDEL & SIEGEL, LLP By: Andrew B. Siegel, Esq. Attorneys for Plaintiff MARIA BABAYAN 56 West 45 Street, 3m Floor New York, New York 10036 (212) 840~3737 ZACI-IARY W. CARTER, ESQ. Corporation Counsel Attorney for Defendant THE CITY OF NEW YORK 350 Jay Street, gm Floor Brooklyn, New York 11201 DAVID M. SANTORO, ESQ. Attorney for Defendant I CONSOLIDATED EDISON, INC. 4 Irving Place r New York New York: 10003 l I 18 I I I FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 I SUPREME COURT OF THE STATE OE' NEW YORK weve- 530 COUNTY OF KINGS 17132/14 MARIA BABAYAN, -x Index fi: XZRLX X9( Plaintiff, THIRIJ PARTY COMPLAINT ~against~ THE CITY OF NEW YORK, VERIZON NEW YGRK I INC. and CONSOLIDATED EDISON, INC., Defendants. -------------~------_------_-_----------X VERIZON NEW YORK INC. Third Party Index #: Third-Party Plaintiff, ~against~ v,N.A. UTILITY CONTRACTING CO., INC. Date Filed: Third-Party Defendant. -------~-------------------------~-------x Defendant and Third~Part:y Plaintiff, VERIZON NEW YORK INC., (hereinaf ter "VERIZON") by its attorneys, CULLEN AND DYKMAN LLP, complaining of the Third~Part:.y Defendant, V.N.A. UTILITY CCJNTRACTING CO., INC., (hereinaf ter "vNA") and respectfully alleges: Upon infomation and belief, that at all times hereinaf ter 8 mentioned, defendant/third-party plaintiff, VERIZON was and is a domestic corporation, duly organized and existing under and by virtue of flhe laws of the State of New York. 2 Upon infomation and belief that at all times hereinaf ter mentioned, third party defendant, V.N.A., was and is a domestic | 1 corporatlon, duly organlzed and existing under and by virtue of the laws of the State of New York. FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 r E 3. Upon information and belief that at all times hereina£ter| fi) \ | mentioned, third party defendant, V.N.A., was and is a foreign| corporation authorized to do business in the State of New York. 4. Upon information and belief that at all times hereinaf ter L"| mentioned, third party defendant, V.N.A., actually conducted and transacted business, engaged ima a persistent course of conduct and i derived substantial revenue from services rendered within the State of New York. 5. Upon information and belief that at all times hereinaf ter! f\ mentioned, third party defendant, V.N.A,, owned, operated and maintained a business located at 1037 61st Street, Brooklyn, Newi York. I 6. Upon information and belief that at all times hereinaf ter C - mentioned, third party defendant, v.N.A., is headquartered at 10371 61st Street, Brooklyn, New York. E 7. That on or about December 1, 2014, plaintiff, MARIA -a;_,, "8q BABAYAN, commenced an action against THE CITY OF NEW YORK, vER1zoN| W `} nf ** NEW YORK INC. and CONSQLIDATED EDISON, INC. to recover monies for personal injuries allegedly sustained on or about February 19, 2014. | 8. That annexed hereto as Exhibit "A" and without admitting fx Li,. to the truth of the allegations contained therein, is a copy of the 9 | first-party summons and complaint. |. 9. That annexed hereto as Exhibit "B" is a copy of VERIZON/S| @w, . l answer to plaintiff's first party summons and complaint. 13 AS AND FOR A FIRST cause OF ACTION 11 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 10. That prior to February 19, 2024, third party defendant, 14 V.N.A., entered into a written agreement; with defendant/third party' plaintiff, VERIZON, to perform work in Brooklyn, New York. "A \ 11. That a contract was in effect between defendant/third party plaintiff, VERIZQN, and third party defendant, v.N.A., prior to February 19, 2014. . 12. That annexed hereto as axhibit "C" is a copy o£ the ;\. L *r . 4.3 contract, MA-000946~2010 between vmerzon and VNA. 13. That third~party defendant VNA performed work at or near the general area of Neptune Avenue and Ocean Parkway, Brooklyn, prior to February 19, 2014. 14. That the contract in effect between defendant/third party ri* plaintiff, VERIZON, and third party defendant, V.N.A., provided that 'ln 'lg 'ih "gr third party defendant, V.N.A., was to hold harmless and indemnify defendant/third party plaintiff, VERIZON, and provided further, payment of attorneys' fees. 15. That this contract between VERIZON and V.N.A. was in .,,r° "L effect and covered the general area of Neptune Avenue and Oceani i* Parkway, Brooklyn, prior to February 19, 2014. ' 16. That the basis of plaintiff, MARIA BABAYAN'S actioni against VERIZON is permits issued to VERIZON for work performed by :f3\..L 41 V.N.A. pursuant to contract between VERIZON and V.N.A. 17. That under the contract between VERIZON and V.N.A., V.N.A.1 cv g 445 is contractually liable to defend and indemnify VERIZON for any; V alleged negligence of V.N.A. I I FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 18. That: third party defendant, V.N.A., breacheé the terms of i; F its contract with defendant-third party plaintiff, VERIZON. »:,l=' 19. That: any injuries allegedly sustained by plaintiff MARZA ,. il .J BABAYAN were caused by the f ailure of third party defendant, V.N.A., to abide by the terms of its contract with defendant:/third party 9 plaintiff, VERIZON. i I AS AND FOR A SECOND CAUSE OF ACTION ; zo. Defendant/third party plaintiff, VERIZON, repeats and i | reiterates each and every allegation contained in paragraphs "1" pg through "21" hereof with the same force and effect: as though fully | set forth herein. 21. That if defendant/third party plaintiff, VERIZON, is held liable to 'olaintiff herein, such liability arises in whole or in part; out of the active, affirmative, negligent and careless acts or conduct of the third par ty defendant, V.N.A., its agents, servants, and/or employees. 22. That the basis of plaintiff, MARIA BABAYAN's actions r / - .<"\E \...| against VERIZON are permits issued to VERIZON for work performed by fr *,¢~ V.N.A. 23. That under common law principles tzhird party defendant, 3 i J V.N.A., owes defendant/third party plaintiff, VERIZON, full ' | I indemnification mcluding attorneys' fees and or contribution for the i firskz party claim. !=»'~ 24. That: by reason of the foregoing, the defendant/third party' :fi plaintiff, VERIZON, demands that the court on the trial hereoiii FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 I I I apportion the responsibility of negligence, if any, between thei I par ties. 25. That in the event the defendant/third party plaintiff, VERIZON, is held liable to the plaintiff, MARIA aABArAN,` defendant/third party plaintiff demands judgment against the third party defendant, V.N.A., for such amounts as they may required to payl plaintiff over and above their proportionate share as may bei determined by the apportionment of responsibility as adjudged herein. AS AND FOR A THIRD CAUSE OF ACTION 26. Defendant/third party plaintiff, VERIZON, repeats aud reiterates each and every allegation contained. in. paragraphs "1"' through "26" hereof with the same force and effect ae though fully set forth herein. 27. Pursuant to the agreement between defendant/third party plaintiff, VERIZON, and v.N,A., V.N.A. was obliged to purchasei insurance for the protection of defendant/third party plaintiff covering claims for property damage andbodily injuries which arise out of or by reason of or in the course of performance of the work of! v.N.A. Qi.. 28. Upon information and belief, V.N.A. failed to purchase insurance for the protection of defendant/third party plaintiff, VERIZON, in violation of its obligation. 29. As a result of V.N.A.'s breach of contract in failing to purchase insurance for the protection of defendant/third party plaintiff, VERIZON, defendant/third party plaintiff has been and will' continue to be damaged as a result of the claims of plaintiff, in FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 r that they will be required to expend attorneys' fees and oLher expenses for their own defense in the within action and will or may be subject; to liability to the plaintiff, all of which costs and expenses would have been defrayed and covered by liability insurance that V.N.A. was obliged to purchase. 30. As a result of V.N.A.'e breach of contractual obligations 0 regarding the purchase of insurance, defendant/third party plaintiff, _ VERIZON, is required to he reimbursed for the amount: of any judgment or damages they may be obliged to pay the plaintiff, including the coat: of any settlement, if any, and in addition thereto are entitled to be reimbursed for the costs of attorneys' fees and defense costs associated with the defense of defendant/third party plaintiff in this action . WHEREFORE, defendant/third party plaintiff VERIZON demands : (a) Judgment over and against third party defendant V.N.A. for the full amount of any verdict, judgment or settlement which may be obtained against defendant:/third party plaintiff VERIZON by the plaintiff, or, on the basis of appor tionment of responsibility, in such amounts as a Court or jury may direct, together with the costs and disbursements and legal fees for this action. (b) That the defendant/third party plaintiff is entitled to such other and further relief and declaration of rights and legal rights as this Court deems just, proper and equitable. Datédz New York, New York August 6, 2015 Yours, etc., CULLEN AND DYKMAN LLP By: 47/~/ " \ Thomas J. 7Abernethy, Esq. FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 Attorneys for Desendant VERIZON NEW YORK INC. 44 Wall Street New York, New York 10005 212-732-2000 File Mo.~ 10876-520 TO: GOIDEL & SIEGEL, LLP By: Andrew B. Siegel, Esq. Attorneys for Plaintiff MARIA BABA1/AN 56 West 45"'scree:, Bm Floor New York, New York 10036 (212) 840~3737 ZACHARY W. CARTER, ESQ. Corporation Counsel Attorney for Defendant THE CITY OF NEW YORK 350 Jay Street, 8:11 Floor Brooklyn, New York 11201 718~222-2000 DAVID M. SANTQRO, ESQ. Attorney for Defendant CONSOLIDATED EDISON, INC. 4 Irving Place New York New York 10003 I FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 vrmisiczwzom STATE OF NEW YORK > ) ss. COUNTY OF NEW YORK ) THOMAS J. ABERNETHY, being duly sworn, deposes and states that he is an attorney at law and is associated with CULLEN AND DYKI/IAN LLP, attorneys for VERIZON NEW YORK INC., defendant/third-party plaintiff, herein, that he has read the Third-Party Summons &. Complaint, knows the contents thereof, and that the same is true to his own knowledge, except: as to matters therein stated upon infomation and belief, and aa to those matters he believes it to be true; that the grounds of his belief as to all matters not, stated upon her knowledge are the cozrrespondence and other writings furnished to him by defendant/third-party plaintiff and interviews with defendant/third-party plaintiff. C74 9 g Thomas J Abernethy Sworn to before me this ./9 , d ay of `Angust , 2015 P7 I `\ f' v >¢fi*'/.».?'4@ J ~. `\ H4164 ff SUYEITE D. JEUDY 4 / ( . J otaW i%!uk}Iic ff' 7 NoTARY Puauc. slam ol Nasvvmk Nu. 01JE5<>837aa mngscounty Q\1a1\Hed in 1 --- Cw1mlss&on EX.°ires Ava. 18, I FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 28 , 89 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 SUPREME COURT OF T1-IE STATE, OF NEW YORK COUNTY CDF KINGS -M`z3§i`23I `§37.323.`§f`1`i§, ';Index No . 187832 Gr Plaintiff, 5 Date purcl1ased:-B'E€ I 8 ~against~ *plaintiff Designates §Kings County .as the place of trial The basis of venue is Plaintif.€'s Residence THE CITY OF NEW YORK, VERIZGN NEW iI YORK, INC., and coNsoL1nA'J:Eo EDISON, ~ms INC. 8 Defendants. 3 Plaintiff residas at i2940 Ocean Avenue, Brooklym New Yosrk 11235 ________3 County of Kings To the above named Defendant YOU ARE HEREBY SUMMONED ta answex, or, if the complaint is not served with this summons, to serve notice of appearance, on che Plaintiffs Attorney(s3 within zo days after che service of this sm-rzmons, exclusive of the day of acrvica (or witzhln 30 days after the scrvice is complete if this summons is not pnrsonally delivered to you within the Straw or Haw York): and in casa ot your failure to appear or answer, judgment will be taken against you by default: for the relief demanded ln the complaint. Dated: December 9, 203.4 Defendants address' The City ol' New York Law 100 Department Church Street r / New York, NY 10007 Veri zan New York, Inc. 1 Cross Is'anci Plaza { R!-J 222 c / t .-dV Rosedalfe, NY 11422 ymfafew B. SiegeI7~ Esq. Consclida ted Edison, Inc . GOIDEL & SIEGEL, LLP 4 Irving Place, Rm 1618-5 Act:orney(s) fox: Plaintiff New York, NY 10903 Office and Post Office Address 56 West; 45th Street, 3rd Fl New York, NY loU36 (212) 840-3737 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 SUPREME COURT OE' THE STATE OF NEW YORK COUNTY OF KINGS -3 MARIA BABAYAN, § I Plaintiff, g Index Naz ? x compmazmr _8*§C 1 Q .2g;@ ! -against- i : | THE CITE! OF NEW YORK, VERIZON NEW{ YORK, INC., and CONSOLIDATED EDIsoN,§ mc, g Defendants. 8 Iout-up-hdvanu-in|n|-l»u»¢9-unn-.3¢¢4»ouln4¢¢»¢-|1h»-q»FV¢Q¢9s»a¢U¢¢llIUI Plaintiff, MARIA BABAYAN (hereinafter referred to as "Plaint.Lff"), by her attorneys, Goidel 6 Siegel, LLP for her complaint against defendants, THE CITY OF NEW YORK (hereinafter referred to as "CITY"), VERIZON NEW YORK, INC. (hereinaf ter referred to as "Verizon"), and cowsomnzxfrmn EDISON, INC. (hereinaf ter referred to as "Con Ed"), (hereinafter collectively referred to as "Defendants") respectfully alleges as follows- THE PARTIES 1. On February 19, 2014, Plaintiff was a resident of the State of with a primary residence at 2940 Ocean Avenue, Brooklyn, New York 11235. 2. On February 19, 2014, Defendant CITY was a municipal corporation duly organized and existing under and pursuant to the laws of the State of New York. 3. Prior to the commencement of this action, the Plaintiff FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/08/2022 duly complied with all of the conditions precedent to commencing this acnion. 4. Plaintiff served a notice of claim upon CITY on April 9, 2014. 5. On Seprember 9, 2014 CITY conducted a hearing pursuant to GML 50(h). 6. More than ninety days have elapsed since the service of said notice of claim and the CITY has failed to settle or adjust the Plaintiff's claims. 7. Con Ed is a domestic business corporation duly organized and existing pursuant to the laws of the State of.New York. B. Verizon is a domestic business corporation duly organized and existing pursuant to the laws of the State of New York having its principal office