Preview
FILED: KINGS COUNTY CLERK 08/23/2022 06:16 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 08/23/2022
EXHIBIT D
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16
. . . PM---
INDEX NO. 521818/2018
-...-. .......- ---.... -...-.-. ..., . , - - - - - .
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 81
98
30 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/24/2022
08/23/2022
02/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------x
JULIE AYALA, Index No.: 521818/2018
Plaintiff, STATEMENT
PURSUANT TO RULE 3402(b)
- against - of the CPLR
94TH AVENUE JAMAICA, LLC,
ARTIMUS CONSTRUCTION INC.,
HP JAMAICA 94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC.
and 94TH AVENUE JAMAICA LI LLC,
Defendants.
-----------____----------_________-_ _____-------.._
___------------Ç
COUNSELORS:
PLEASE TAKE NOTICE, that in the above-entitled action, the Defendants/Third-Party
Plaintiffs 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTIONINC., HP JAMAICA
94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE
JAMAICA LI LLC. have impleaded, as Third-Party Defendant, A&M PROFESSIONAL
SECURITY CONSULT1NG CORP. The caption of this action now reads:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------x Index No.: 521818/2018
JULIE AYALA,
Plaintiff,
- against -
94TH AVENUE JAMAICA, LLC,
ARTIMUS CONSTRUCTION INC.,
HP JAMAICA 94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC.
and 94TH AVENUE JAMAICA LI LLC,
Defendants.
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 81
98
30 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/24/2022
08/23/2022
02/07/2020
-------------------------a------------x
94TH AVENUE JAMAICA, LLC, Third Party Index No.:
ARTIMUS CONSTRUCTION INC.,
HP JAMAICA 94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC.
and 94TH AVENUE JAMAICA LI LLC,
Third-Party Plaintiffs,
- against -
A&M PROFESSIONAL SECURITY CONSULTING
CORP.,
Third-Party Defendant.
------ -----------------------------------x
Dated: New York, New York
February 7, 2020
Yours etc.,
GALLO VITUCCI KLAR LLP
By: Brandon Weinstein, Esq.
Attorneys for Defendants
94TH Avenue Jamaica, LLC,
Artimus Construction Inc.,
HP Jamaica 94TH Avenue Housing Development
Fund Company, Inc.
and 94THAvenue Jamaica LI LLC
90 Broad Street, 12th Floor
New York, New York 10004
(212) 683-7100
Fax: (212) 683-5555
File No.: PRO-2019-23
TO: A&M PROFESSIONAL SECURITY CONSULTING CORP.
2253 3rd Avenue, Suite 230
New York, NY 10035
HALLOCK & MALERBA, P.C.
Attorney for Plaintiff
Julie Ayala
1955 Deer Park Avenue
Deer Park, New York 11729
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 81
98
30 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/24/2022
08/23/2022
02/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------x
JULIE AYALA, Index No.: 521818/2018
Plaintiff, THIRD-PARTY SUMMONS
- against -
94TH AVENUE JAMAICA, LLC,
ARTIMUS CONSTRUCTION INC.,
HP JAMAICA 94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC.
and 94TH AVENUE JAMAICA LI LLC,
Defendants.
--------------------------x
-------------------------------,---------------x
94TH AVENUE JAMAICA, LLC, Third Party Index No.:
ARTIMUS CONSTRUCTION INC.,
HP JAMAICA 94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC.
and 94TH AVENUE JAMAICA LI LLC,
Third-Party Plaintiffs,
- against -
A&M PROFESSIONAL SECURITY CONSULTING
CORP.,
Third-Party Defendant.
___________________________________-----------_________________------Ç
TO THE ABOVE-NAMED THIRD-PARTY DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Verified Third-Party Complaint in this
action and to serve a copy of your answer upon Defendants/Third-Party Plaintiffs 94TH AVENUE
JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI
LLC. within twenty (20) days after service upon you of the Third-Party Summons and Verified
Third-Party Complaint (or within 30 days after the service is complete if this Third-Party
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
. ...- . .......- -.... -.-- - -, . . . . . . ...,
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 81
98
30 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/24/2022
08/23/2022
02/07/2020
Summons is not personally delivered to you within the State of New York).
In the event you fail to answer the Verified Third-Party Complaint within the applicable
time period, judgment will be taken against you by default for the relief demanded in the Verified
Third-Party Complaint.
Dated: New York, New York
February 7, 2020
Yours etc.,
GALLO VITUCCI KLAR LLP
By: Brandon Weinstein, Esq.
Attorneys for Defendants
94TH Avenue Jamaica, LLC,
Artimus Construction Inc.,
HP Jamaica 94TH Avenue Housing Development
Fund Company, Inc.
and 94TH Avenue Jamaica LI LLC
90 Broad Street, 12th Floor
New York, New York 10004
(212) 683-7100
Fax: (212) 683-5555
File No.: PRO-2019-23
TO: A&M SECURITY CORP.
2253 3rd Avenue, Suite 230
New York, NY 10035
HALLOCK & MALERBA, P.C.
Attorney for Plaintiff
Julie Ayala
1955 Deer Park Avenue
Deer Park, New York 11729
(631) 482-8888
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
NYSCEF
NYSCEF
DOC.
DOC.
NO.
NO.
81
98
30
RECEIVED
RECEIVED
NYSCEF:
NYSCEF:
06/24/2022
08/23/2022
02/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------x
JULIE AYALA, Index No.: 521818/2018
Plaintiff, VERIFIED THIRD-PARTY COMPLAINT
- against -
94TH AVENUE JAMAICA, LLC,
ARTIMUS CONSTRUCTION INC.,
HP JAMAICA 94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC.
and 94TH AVENUE JAMAICA LI LLC,
Defendants.
------------------------x
---------------------------------------------------------------------x
94TH AVENUE JAMAICA, LLC, Third Party Index No.:
ARTIMUS CONSTRUCTION INC.,
HP JAMAICA 94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC.
and 94TH AVENUE JAMAICA LI LLC,
Third-Party Plaintiffs,
- against -
A&M PROFESSIONAL SECURITY CONSULTING
CORP.,
Third-Party Defendant.
---------------------------------------------------------------------x
Defendants/Third-Party Plaintiffs 94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND
COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC., (hereinafter collectively,
"Defendants/Third-Party Plaintiffs") by their attorneys, Gallo Vitucci Klar LLP, respectfully
allege upon information and belief as follows:
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 81
98
30 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/24/2022
08/23/2022
02/07/2020
1. That at all times hereinafter mentioned, Defendants/Third-Party Plaintiffs, were
and stillare domestic corporations organized and existing under and by virtue of the laws of the
State of New York.
2. That at all times hereinafter mentioned, Third-Party Defendant, A&M
PROFESSIONAL SECURITY CONSULTING CORP., (hereinafter "A&M"), was and still is a
domestic corporation organized and existing under and by virtue of the laws of the State of New
York.
3. That at alltimes hereinafter mentioned, Third-Party Defendant A&M, was, and still
-: is,registered to conduct business in the State of New York.
4. That at alltimes hereinafter mentioned, Third-Party Defendant A&M was, and still
is, conducting business in the State of New York.
5. That at all times hereinafter mentioned, and prior to March 26, 2018, upon
information and belief, Defendants/Third-Party Plaintiffs entered into a written contract with
Third-Party Defendant A&M, and/or itssubcontractor(s) or agent(s), to perform work and/or retain
94th
other entities to perform work in connection with a project at 140-20 Avenue, Queens, New
York. A portion of said contract is annexed hereto as Exhibit "A".
6. That at all times hereinafter mentioned, and prior to March 26, 2018, upon
information and and pursuant to the conditions and provisions of said Third-
belief, terms, contract,
Party Defendant A&M agreed to indemnify and/or hold hannless and defend Defendants/Third-
Party Plaintiffs and others, for any claim for personal or bodily injury or property damage arising
from the work of A&M and/or it subcontractor(s) or agent(s).
7. That at all times hereinafter mentioned, and prior to March 26, 2018, upon
information and belief, and pursuant to the terms, conditions and provisions of said contract, A&M
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 81
98
30 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/24/2022
08/23/2022
02/07/2020
was required to have any subcontractor(s) and/or agent(s) used at the site to likewise agree to
indemnify, hold harmless, and defend Defendants/Third-Party Plaintiffs.
8. That at all times hereinafter mentioned, Plaintiff, Julie Ayala (hereinafter
"PLAINTIFF"), commenced an action against Defendants/Third-Party Plaintiffs by filing the
Summons and Verified Complaint, on or about October 30, 2018. A copy of PLAINTIFF'S
Summons and Verified Complaint is annexed hereto as Exhibit "B", the allegations of which are
incorporated herein as if they were more fully set forth herein at length, without conceding the
truth or veracity of any allegations contained therein.
9. A copy of the Verified Answer served by Defendants/Third-Party Plaintiffs is
"C"
annexed as Exhibit
10. PLAINTIFF alleges that he sustained injuries while working on or about the
94th
premises located at 140-20 Avenue, Queens, New York on March 26, 2018.
11. That Third-Party Defendant A&M was allegedly performing work at the premises
94th
located at 140-20 Avenue, Queens, New York, on or about March 26, 2018.
12. That Third-Party Defendant A&M was allegedly performing work at the premises
9402
located at 140-20 Avenue, Queens, New York, pursuant to the above-mentioned contract, on
or about March 26, 2018.
13. That Third-Party Defendant A&M constructed, owned, operated, maintained,
directed, and/or controlled the objects, materials, work, and/or or instrumentalities allegedly
involved in the PLAINTIFF'S alleged accident.
14. That Third-Party Defendant A&M was solely responsible for controlling, directing
and supervising the work of its employees and/or agents and/or subcontractors, including, but not
limited to, the work of PLAINTIFF.
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 81
98
30 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/24/2022
08/23/2022
02/07/2020
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP
FOR CONTRACTUAL INDEMNIFICATION
15. Defendants/Third-Party Plaintiffs incorporate each and every prior allegation in
this Third-Party Complaint with full force and effect as if set forth more fully at length herein.
16. That at all relevant times on and before March 26, 2018, Third-Party Defendant
A&M entered into a written agreement with Defendants/Third-Party Plaintiffs to perform work at
94th
the premises located at 140-20 Avenue, Queens, New York, where PLAINTIFF alleges, he
sustained injuries.
17. That pursuant to the aforesaid agreement, Third-Party Defendant A&M was to
defend, indemnify, and hold harmless Defendants/Third-Party Plaintiffs for all claims, losses,
liability and damages for any injury to any person at the subject premises, including but not limited
to all judgments entered against Defendants/Third-Party Plaintiffs in excess of the applicable
policy limits.
18. That if PLAINTIFF sustained the injuries and damages in the manner alleged in
PLAINTIFF'S Complaint, all of which is specifically denied by Defendants/Third-Party Plaintiffs,
such damages and injuries were caused by reason the negligence, recklessness, carelessness and/or
breach of contractual obligation by Third-Party Defendant A&M.
19. To date, Third-Party defendant A&M has not defended, indemnified, or held
harmless Defendants/Third-Party Plaintiffs, as required by the aforementioned contract.
20. That by reason of the foregoing, Defendants/Third-Party Plaintiffs are entitled to
contractual indemnification over and against Third-Party Defendant A&M, for allor part of any
verdict or judgment that Plaintiff may recover against Defendants/Third-Party Plaintiffs, including
but not limited to all judgments entered against Defendants/Third-Party Plaintiffs in excess of the
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
NYSCEF
NYSCEF
DOC.
DOC.
NO.
NO.
81
98
30
RECEIVED
RECEIVED
NYSCEF:
NYSCEF:
06/24/2022
08/23/2022
02/07/2020
applicable policy limits, as a result of the carelessness, recklessness and/or breach of contract of
Plaintiffs'
Third-Party Defendant A&M and that Defendants/Third-Party claims fall within
applicable exceptions to the rules of anti-subrogation.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP
FOR COMMON LAW CONTRIBUTION/INDEMNIFICATION
21. Defendants/Third-Party Plaintiffs incorporate each and every prior allegation in
this Third-Party Complaint with full force and effect as if set forth more fully at length herein.
22. That the alleged negligence and/or statutory violations complained of in
PLAINTIFF'S Verified Complaint were caused or created and/or allowed and/or permitted by
Third-Party Defendant A&M, and/or its subcontractors, agents, servants and/or employees.
23. That the allegedly defective and/or dangerous condition(s) referenced in Plaintiff's
Verified Complaint were created, caused and/or contributed to by Third-Party Defendant A&M,
and/or its subcontractors, agents, servants and/or employees.
24. That if any party is found to be entitled to recover damages, costs, disbursements
and/or attorney's fees from Defendants/Third-Party Plaintiffs, including but not limited to all
judgments entered against Defendants/Third-Party Plaintiffs in excess of the applicable policy
limits, that Defendants/Third-Party Plaintiffs are entitled to contribution from Third-Party
Defendant A&M.
25. That ifDefendants/Third-Party Plaintiffs are held liable to any party herein, such
liability arises out of the active, affirmative, negligent and careless acts or conduct and/or statutory
violations of Third-Party Defendant A&M, itsagents, subcontractors, servants and/or employees.
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 81
98
30 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/24/2022
08/23/2022
02/07/2020
26. That Defendants/Third-Party Plaintiffs is entitled to contribution from Third-Party
Defendant as a result of Third-Party Defendant A&M's active, affirmative, negligent and careless
acts or conduct and/or statutory violations.
27. That if any party is entitled to recover damages, costs, disbursements and/or
attorney's fees from Defendants/Third-Party Plaintiffs, including but not limited to all judgments
entered against Defendants/Third-Party Plaintiffs in excess of the applicable policy limits, then
Defendants/Third-Party Plaintiffs demand judgment against Third-Party Defendant A&M for such
amounts as it may be required to pay any party over and above its proportionate share as may be
determined by the apportionment of responsibility as adjudged herein.
28. That in the event that Defendants/Third-Party Plaintiffs are held liable to any party
herein, including but not limited to alljudgments entered against Defendants/Third-Party Plaintiffs
in excess of the applicable policy limits, then Defendants/Third-Party Plaintiffs demand judgment
against Third-Party Defendant A&M for such amounts as itmay be required to pay any party over
and above its proportionate share as may be determined by the apportionment of responsibility as
adjudged herein.
29. That if any judgment, verdict and/or recovery, including costs, disbursements
and/or fees is obtained against Defendants/Third-Party Plaintiffs by any party, then
Defendants/Third-Party Plaintiffs are entitled to contribution from Third-Party Defendant A&M,
because of the carelessness, recklessness, negligence and/or other culpable conduct of Third-Party
Defendant A&M in causing and permitting a dangerous and/or defective condition to exist at the
location where Plaintiff's accident allegedly occurred, in failing to properly perform its work at
the premises, and in otherwise being negligent at the premises.
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 81
9830 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/24/2022
08/23/2022
02/07/2020
30. That if any judgment, verdict and/or recovery, including costs, disbursements
and/or fees is obtained against Defendants/Third-Party Plaintiffs by any party, including but not
limited to all judgments entered against Defendants/Third-Party Plaintiffs in excess of the
applicable policy limits, then Defendants/Third-Party Plaintiffs are entitled to contribution from
Third-Party Defendant A&M, for the full amount or any portion of the judgment, verdict and/or
recovery as a result of Third-Party Defendant A&M's carelessness, recklessness, negligence
and/or other culpable conduct of Third-Party Defendant in causing and permitting a dangerous
and/or defective condition to exist at the location where Plaintiff's accident allegedly occurred, in
failing to properly perform its work at the premises, and in otherwise being negligent at the
Plaintiffs'
premises, and that Defendants/Third-Party claims fall within applicable exceptions to
the rules of anti-subrogation.
AS AND FOR A THIRD CAUSE OF ACTION
AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP FOR BREACH
OF CONTRACT FOR FAILURE TO PROCURE INSURANCE
31. Defendants/Third-Party Plaintiffs incorporate each and every prior allegation in
this Third-Party Complaint with full force and effect as if set forth more fully at length herein.
32. That the alleged negligence and/or statutory violations complained of in
PLAINTIFF'S Verified Complaint were caused and/or created and/or allowed and/or permitted by
Third-Party Defendant A&M, their subcontractors, agents, servants and/or employees.
33. That the allegedly defective and dangerous condition(s) referenced in
PLAINTIFF'S Verified Complaint was created, caused and/or contributed to by Third-Party
Defendant, their subcontractors, agents, servants and/or employees.
34. That at all relevant times on and before March 26, 2018, Third-Party Defendant
entered into a written agreement, the aforementioned contract, with Defendants/Third-Party
11 of 1E
FILED: KINGS COUNTY CLERK 06/24/2022
08/23/2022 02:39
06:16 PM INDEX NO. 521818/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 81
98
30 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/24/2022
08/23/2022
02/07/2020
9401
Plaintiffs to perform construction work at the premises located at 140-20 Avenue, Queens,
New York, where Plaintiff allegedly sustained his injuries.
35. That pursuant to the aforesaid agreement, Third-Party Defendant A&M was to
provide liability insurance coverage and to name Defendants/Third-Party Plaintiffs as additional
insureds on its primary and excess insurance policies.
36. That Third-Party Defendant failed and neglected to perform the conditions of said
contract in that Third-Party Defendant failed to obtain the insurance coverage as required by the
aforementioned agreement.
37. That by reason of the foregoing, should any judgment be recovered against the
Defendants/Third-Party Plaintiffs in this action, then Defendants/Third-Party Plaintiffs are entitled
to judgment over and against Third-Party Defendant A&M on the grounds of breach of contract
for failure to procure insurance, including but not limited to excess insurance, plus any costs,
attorneys' Plaintiffs'
disbursements, and fees and that Defendants/Third-Party claims fall within
applicable exceptions to the rules of anti-subrogation.
AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP
FOR BREACH OF CONTRACT FOR FAILURE TO INDEMNIFY
38. Defendants/Third-Party Plaintiffs incorporate each and every prior allegation in
this Third-Party Complaint with full force and effect as if set forth more fully at length herein.
39. That at all relevant times on and before March 26, 2018, Third-Party Defendant
A&M entered into a written agreement with Defendants/Third-Party Plaintiffs to perform work at
94th
the premises located at 140-20 Avenue, Queens, New York, New York, where PLAINTIFF
alleges, he sustained injuries.
FILED: KINGS COUNTY CLERK 06/24/2022
Preview
FILED: KINGS COUNTY CLERK 08/23/2022 06:16 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 08/23/2022 EXHIBIT D FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 . . . PM--- INDEX NO. 521818/2018 -...-. .......- ---.... -...-.-. ..., . , - - - - - . NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------x JULIE AYALA, Index No.: 521818/2018 Plaintiff, STATEMENT PURSUANT TO RULE 3402(b) - against - of the CPLR 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC, Defendants. -----------____----------_________-_ _____-------.._ ___------------Ç COUNSELORS: PLEASE TAKE NOTICE, that in the above-entitled action, the Defendants/Third-Party Plaintiffs 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTIONINC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC. have impleaded, as Third-Party Defendant, A&M PROFESSIONAL SECURITY CONSULT1NG CORP. The caption of this action now reads: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------x Index No.: 521818/2018 JULIE AYALA, Plaintiff, - against - 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC, Defendants. FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 -------------------------a------------x 94TH AVENUE JAMAICA, LLC, Third Party Index No.: ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC, Third-Party Plaintiffs, - against - A&M PROFESSIONAL SECURITY CONSULTING CORP., Third-Party Defendant. ------ -----------------------------------x Dated: New York, New York February 7, 2020 Yours etc., GALLO VITUCCI KLAR LLP By: Brandon Weinstein, Esq. Attorneys for Defendants 94TH Avenue Jamaica, LLC, Artimus Construction Inc., HP Jamaica 94TH Avenue Housing Development Fund Company, Inc. and 94THAvenue Jamaica LI LLC 90 Broad Street, 12th Floor New York, New York 10004 (212) 683-7100 Fax: (212) 683-5555 File No.: PRO-2019-23 TO: A&M PROFESSIONAL SECURITY CONSULTING CORP. 2253 3rd Avenue, Suite 230 New York, NY 10035 HALLOCK & MALERBA, P.C. Attorney for Plaintiff Julie Ayala 1955 Deer Park Avenue Deer Park, New York 11729 FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------x JULIE AYALA, Index No.: 521818/2018 Plaintiff, THIRD-PARTY SUMMONS - against - 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC, Defendants. --------------------------x -------------------------------,---------------x 94TH AVENUE JAMAICA, LLC, Third Party Index No.: ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC, Third-Party Plaintiffs, - against - A&M PROFESSIONAL SECURITY CONSULTING CORP., Third-Party Defendant. ___________________________________-----------_________________------Ç TO THE ABOVE-NAMED THIRD-PARTY DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Verified Third-Party Complaint in this action and to serve a copy of your answer upon Defendants/Third-Party Plaintiffs 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC. within twenty (20) days after service upon you of the Third-Party Summons and Verified Third-Party Complaint (or within 30 days after the service is complete if this Third-Party FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 . ...- . .......- -.... -.-- - -, . . . . . . ..., NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 Summons is not personally delivered to you within the State of New York). In the event you fail to answer the Verified Third-Party Complaint within the applicable time period, judgment will be taken against you by default for the relief demanded in the Verified Third-Party Complaint. Dated: New York, New York February 7, 2020 Yours etc., GALLO VITUCCI KLAR LLP By: Brandon Weinstein, Esq. Attorneys for Defendants 94TH Avenue Jamaica, LLC, Artimus Construction Inc., HP Jamaica 94TH Avenue Housing Development Fund Company, Inc. and 94TH Avenue Jamaica LI LLC 90 Broad Street, 12th Floor New York, New York 10004 (212) 683-7100 Fax: (212) 683-5555 File No.: PRO-2019-23 TO: A&M SECURITY CORP. 2253 3rd Avenue, Suite 230 New York, NY 10035 HALLOCK & MALERBA, P.C. Attorney for Plaintiff Julie Ayala 1955 Deer Park Avenue Deer Park, New York 11729 (631) 482-8888 FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------x JULIE AYALA, Index No.: 521818/2018 Plaintiff, VERIFIED THIRD-PARTY COMPLAINT - against - 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC, Defendants. ------------------------x ---------------------------------------------------------------------x 94TH AVENUE JAMAICA, LLC, Third Party Index No.: ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC, Third-Party Plaintiffs, - against - A&M PROFESSIONAL SECURITY CONSULTING CORP., Third-Party Defendant. ---------------------------------------------------------------------x Defendants/Third-Party Plaintiffs 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC., (hereinafter collectively, "Defendants/Third-Party Plaintiffs") by their attorneys, Gallo Vitucci Klar LLP, respectfully allege upon information and belief as follows: FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 1. That at all times hereinafter mentioned, Defendants/Third-Party Plaintiffs, were and stillare domestic corporations organized and existing under and by virtue of the laws of the State of New York. 2. That at all times hereinafter mentioned, Third-Party Defendant, A&M PROFESSIONAL SECURITY CONSULTING CORP., (hereinafter "A&M"), was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 3. That at alltimes hereinafter mentioned, Third-Party Defendant A&M, was, and still -: is,registered to conduct business in the State of New York. 4. That at alltimes hereinafter mentioned, Third-Party Defendant A&M was, and still is, conducting business in the State of New York. 5. That at all times hereinafter mentioned, and prior to March 26, 2018, upon information and belief, Defendants/Third-Party Plaintiffs entered into a written contract with Third-Party Defendant A&M, and/or itssubcontractor(s) or agent(s), to perform work and/or retain 94th other entities to perform work in connection with a project at 140-20 Avenue, Queens, New York. A portion of said contract is annexed hereto as Exhibit "A". 6. That at all times hereinafter mentioned, and prior to March 26, 2018, upon information and and pursuant to the conditions and provisions of said Third- belief, terms, contract, Party Defendant A&M agreed to indemnify and/or hold hannless and defend Defendants/Third- Party Plaintiffs and others, for any claim for personal or bodily injury or property damage arising from the work of A&M and/or it subcontractor(s) or agent(s). 7. That at all times hereinafter mentioned, and prior to March 26, 2018, upon information and belief, and pursuant to the terms, conditions and provisions of said contract, A&M FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 was required to have any subcontractor(s) and/or agent(s) used at the site to likewise agree to indemnify, hold harmless, and defend Defendants/Third-Party Plaintiffs. 8. That at all times hereinafter mentioned, Plaintiff, Julie Ayala (hereinafter "PLAINTIFF"), commenced an action against Defendants/Third-Party Plaintiffs by filing the Summons and Verified Complaint, on or about October 30, 2018. A copy of PLAINTIFF'S Summons and Verified Complaint is annexed hereto as Exhibit "B", the allegations of which are incorporated herein as if they were more fully set forth herein at length, without conceding the truth or veracity of any allegations contained therein. 9. A copy of the Verified Answer served by Defendants/Third-Party Plaintiffs is "C" annexed as Exhibit 10. PLAINTIFF alleges that he sustained injuries while working on or about the 94th premises located at 140-20 Avenue, Queens, New York on March 26, 2018. 11. That Third-Party Defendant A&M was allegedly performing work at the premises 94th located at 140-20 Avenue, Queens, New York, on or about March 26, 2018. 12. That Third-Party Defendant A&M was allegedly performing work at the premises 9402 located at 140-20 Avenue, Queens, New York, pursuant to the above-mentioned contract, on or about March 26, 2018. 13. That Third-Party Defendant A&M constructed, owned, operated, maintained, directed, and/or controlled the objects, materials, work, and/or or instrumentalities allegedly involved in the PLAINTIFF'S alleged accident. 14. That Third-Party Defendant A&M was solely responsible for controlling, directing and supervising the work of its employees and/or agents and/or subcontractors, including, but not limited to, the work of PLAINTIFF. FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 AS AND FOR A FIRST CAUSE OF ACTION AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP FOR CONTRACTUAL INDEMNIFICATION 15. Defendants/Third-Party Plaintiffs incorporate each and every prior allegation in this Third-Party Complaint with full force and effect as if set forth more fully at length herein. 16. That at all relevant times on and before March 26, 2018, Third-Party Defendant A&M entered into a written agreement with Defendants/Third-Party Plaintiffs to perform work at 94th the premises located at 140-20 Avenue, Queens, New York, where PLAINTIFF alleges, he sustained injuries. 17. That pursuant to the aforesaid agreement, Third-Party Defendant A&M was to defend, indemnify, and hold harmless Defendants/Third-Party Plaintiffs for all claims, losses, liability and damages for any injury to any person at the subject premises, including but not limited to all judgments entered against Defendants/Third-Party Plaintiffs in excess of the applicable policy limits. 18. That if PLAINTIFF sustained the injuries and damages in the manner alleged in PLAINTIFF'S Complaint, all of which is specifically denied by Defendants/Third-Party Plaintiffs, such damages and injuries were caused by reason the negligence, recklessness, carelessness and/or breach of contractual obligation by Third-Party Defendant A&M. 19. To date, Third-Party defendant A&M has not defended, indemnified, or held harmless Defendants/Third-Party Plaintiffs, as required by the aforementioned contract. 20. That by reason of the foregoing, Defendants/Third-Party Plaintiffs are entitled to contractual indemnification over and against Third-Party Defendant A&M, for allor part of any verdict or judgment that Plaintiff may recover against Defendants/Third-Party Plaintiffs, including but not limited to all judgments entered against Defendants/Third-Party Plaintiffs in excess of the FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 applicable policy limits, as a result of the carelessness, recklessness and/or breach of contract of Plaintiffs' Third-Party Defendant A&M and that Defendants/Third-Party claims fall within applicable exceptions to the rules of anti-subrogation. AS AND FOR A SECOND CAUSE OF ACTION AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP FOR COMMON LAW CONTRIBUTION/INDEMNIFICATION 21. Defendants/Third-Party Plaintiffs incorporate each and every prior allegation in this Third-Party Complaint with full force and effect as if set forth more fully at length herein. 22. That the alleged negligence and/or statutory violations complained of in PLAINTIFF'S Verified Complaint were caused or created and/or allowed and/or permitted by Third-Party Defendant A&M, and/or its subcontractors, agents, servants and/or employees. 23. That the allegedly defective and/or dangerous condition(s) referenced in Plaintiff's Verified Complaint were created, caused and/or contributed to by Third-Party Defendant A&M, and/or its subcontractors, agents, servants and/or employees. 24. That if any party is found to be entitled to recover damages, costs, disbursements and/or attorney's fees from Defendants/Third-Party Plaintiffs, including but not limited to all judgments entered against Defendants/Third-Party Plaintiffs in excess of the applicable policy limits, that Defendants/Third-Party Plaintiffs are entitled to contribution from Third-Party Defendant A&M. 25. That ifDefendants/Third-Party Plaintiffs are held liable to any party herein, such liability arises out of the active, affirmative, negligent and careless acts or conduct and/or statutory violations of Third-Party Defendant A&M, itsagents, subcontractors, servants and/or employees. FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 26. That Defendants/Third-Party Plaintiffs is entitled to contribution from Third-Party Defendant as a result of Third-Party Defendant A&M's active, affirmative, negligent and careless acts or conduct and/or statutory violations. 27. That if any party is entitled to recover damages, costs, disbursements and/or attorney's fees from Defendants/Third-Party Plaintiffs, including but not limited to all judgments entered against Defendants/Third-Party Plaintiffs in excess of the applicable policy limits, then Defendants/Third-Party Plaintiffs demand judgment against Third-Party Defendant A&M for such amounts as it may be required to pay any party over and above its proportionate share as may be determined by the apportionment of responsibility as adjudged herein. 28. That in the event that Defendants/Third-Party Plaintiffs are held liable to any party herein, including but not limited to alljudgments entered against Defendants/Third-Party Plaintiffs in excess of the applicable policy limits, then Defendants/Third-Party Plaintiffs demand judgment against Third-Party Defendant A&M for such amounts as itmay be required to pay any party over and above its proportionate share as may be determined by the apportionment of responsibility as adjudged herein. 29. That if any judgment, verdict and/or recovery, including costs, disbursements and/or fees is obtained against Defendants/Third-Party Plaintiffs by any party, then Defendants/Third-Party Plaintiffs are entitled to contribution from Third-Party Defendant A&M, because of the carelessness, recklessness, negligence and/or other culpable conduct of Third-Party Defendant A&M in causing and permitting a dangerous and/or defective condition to exist at the location where Plaintiff's accident allegedly occurred, in failing to properly perform its work at the premises, and in otherwise being negligent at the premises. FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 81 9830 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 30. That if any judgment, verdict and/or recovery, including costs, disbursements and/or fees is obtained against Defendants/Third-Party Plaintiffs by any party, including but not limited to all judgments entered against Defendants/Third-Party Plaintiffs in excess of the applicable policy limits, then Defendants/Third-Party Plaintiffs are entitled to contribution from Third-Party Defendant A&M, for the full amount or any portion of the judgment, verdict and/or recovery as a result of Third-Party Defendant A&M's carelessness, recklessness, negligence and/or other culpable conduct of Third-Party Defendant in causing and permitting a dangerous and/or defective condition to exist at the location where Plaintiff's accident allegedly occurred, in failing to properly perform its work at the premises, and in otherwise being negligent at the Plaintiffs' premises, and that Defendants/Third-Party claims fall within applicable exceptions to the rules of anti-subrogation. AS AND FOR A THIRD CAUSE OF ACTION AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP FOR BREACH OF CONTRACT FOR FAILURE TO PROCURE INSURANCE 31. Defendants/Third-Party Plaintiffs incorporate each and every prior allegation in this Third-Party Complaint with full force and effect as if set forth more fully at length herein. 32. That the alleged negligence and/or statutory violations complained of in PLAINTIFF'S Verified Complaint were caused and/or created and/or allowed and/or permitted by Third-Party Defendant A&M, their subcontractors, agents, servants and/or employees. 33. That the allegedly defective and dangerous condition(s) referenced in PLAINTIFF'S Verified Complaint was created, caused and/or contributed to by Third-Party Defendant, their subcontractors, agents, servants and/or employees. 34. That at all relevant times on and before March 26, 2018, Third-Party Defendant entered into a written agreement, the aforementioned contract, with Defendants/Third-Party 11 of 1E FILED: KINGS COUNTY CLERK 06/24/2022 08/23/2022 02:39 06:16 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 81 98 30 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 08/23/2022 02/07/2020 9401 Plaintiffs to perform construction work at the premises located at 140-20 Avenue, Queens, New York, where Plaintiff allegedly sustained his injuries. 35. That pursuant to the aforesaid agreement, Third-Party Defendant A&M was to provide liability insurance coverage and to name Defendants/Third-Party Plaintiffs as additional insureds on its primary and excess insurance policies. 36. That Third-Party Defendant failed and neglected to perform the conditions of said contract in that Third-Party Defendant failed to obtain the insurance coverage as required by the aforementioned agreement. 37. That by reason of the foregoing, should any judgment be recovered against the Defendants/Third-Party Plaintiffs in this action, then Defendants/Third-Party Plaintiffs are entitled to judgment over and against Third-Party Defendant A&M on the grounds of breach of contract for failure to procure insurance, including but not limited to excess insurance, plus any costs, attorneys' Plaintiffs' disbursements, and fees and that Defendants/Third-Party claims fall within applicable exceptions to the rules of anti-subrogation. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP FOR BREACH OF CONTRACT FOR FAILURE TO INDEMNIFY 38. Defendants/Third-Party Plaintiffs incorporate each and every prior allegation in this Third-Party Complaint with full force and effect as if set forth more fully at length herein. 39. That at all relevant times on and before March 26, 2018, Third-Party Defendant A&M entered into a written agreement with Defendants/Third-Party Plaintiffs to perform work at 94th the premises located at 140-20 Avenue, Queens, New York, New York, where PLAINTIFF alleges, he sustained injuries. FILED: KINGS COUNTY CLERK 06/24/2022