Preview
FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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FRANK FERRANTELLO and ADELINE T. Index No.: 604492/2022
FERRANTELLO,
Plaintiff,
-against- NOTICE PURSUANT TO
CPLR SECTION 3401B
PHILIP CASTELLANO and LINDA MARY
CASTELLANO,
Defendants.
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PHILIP CASTELLANO and LINDA MARY
CASTELLANO,
Defendants-Third-Party Plaintiffs,
-against-
JOHN FRANCO CONTRACTORS, INC.,
Third-Party Defendants.
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S I R S:
PLEASE TAKE NOTICE, that pursuant to the applicable sections of the Civil Practice
Law and Rules of the State of New York, a Third-Party Summons and Complaint has been
served in the above-entitled matter and the title of this action now reads as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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FRANK FERRANTELLO and ADELINE T. Index No.: 604492/2022
FERRANTELLO,
Plaintiff,
-against-
PHILIP CASTELLANO and LINDA MARY
CASTELLANO,
Defendants.
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PHILIP CASTELLANO and LINDA MARY
CASTELLANO,
Defendants-Third-Party Plaintiffs,
-against-
JOHN FRANCO CONTRACTORS, INC.,
Third-Party Defendants.
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PLEASE TAKE FURTHER NOTICE, that the above-entitled action bears Index No.:
604492/2022.
Dated: Mineola, New York
June 16, 2022
Yours, etc.,
KELLY, RODE & KELLY, LLP
BY: Eric P. Tosca___________
ERIC P. TOSCA
Attorneys for Defendants/3rd Pty. Plaintiffs
PHILIP CASTELLANO and LINDA
MARY CASTELLANO
330 Old Country Road - Suite 305
Mineola, New York 11501
(516) 739-0400
Our File No.: LZ/EPT/EEB 172810-400
TO: SAHN WARD BRAFF KOBLENZ PLLC
Attorneys for Plaintiffs
333 Earle Ovington Boulevard - Suite 601
Uniondale, New York 11553
(516) 228-1300
JOHN FRANCO CONTRACTORS, INC.,
Third-Party Defendant
c/o Secretary of State
10 Hawk Drive
Lloyds Neck, New York 11743
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JOHN FRANCO CONTRACTORS, INC.
Third-Party Defendant
10 Hawk Drive
Lloyds Neck, New York 11743
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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FRANK FERRANTELLO and ADELINE T. Index No.: 604492/2022
FERRANTELLO,
Plaintiff, THIRD-PARTY
SUMMONS
-against-
PHILIP CASTELLANO and LINDA MARY
CASTELLANO,
Defendants.
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PHILIP CASTELLANO and LINDA MARY
CASTELLANO,
Defendants-Third-Party Plaintiffs,
-against-
JOHN FRANCO CONTRACTORS, INC.,
Third-Party Defendants.
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TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint of the third- party
plaintiff, a copy of which is herewith served upon you and to serve copies of your Answer upon
the undersigned attorneys for the third-party plaintiff, and, attorneys for the plaintiff, at their
office address, within twenty (20) days after service of this Summons and Third-Party Complaint
upon you exclusive of the date of service.
In the event you fail to answer the Complaint of the defendant/third-party plaintiff,
judgment will be taken against you by default for the relief demanded in the Third-Party
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022
Complaint.
Dated: Mineola, New York
June 16, 2022
Yours, etc.,
KELLY, RODE & KELLY, LLP
BY: Eric P. Tosca___________
ERIC P. TOSCA
Attorneys for Defendants/3rd Pty. Plaintiffs
PHILIP CASTELLANO and LINDA
MARY CASTELLANO
330 Old Country Road - Suite 305
Mineola, New York 11501
(516) 739-0400
Our File No.: LZ/EPT/EEB 172810-400
TO: SAHN WARD BRAFF KOBLENZ PLLC
Attorneys for Plaintiffs
333 Earle Ovington Boulevard - Suite 601
Uniondale, New York 11553
(516) 228-1300
JOHN FRANCO CONTRACTORS, INC.,
Third-Party Defendant
c/o Secretary of State
10 Hawk Drive
Lloyds Neck, New York 11743
JOHN FRANCO CONTRACTORS, INC.
Third-Party Defendant
10 Hawk Drive
Lloyds Neck, New York 11743
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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FRANK FERRANTELLO and ADELINE T. Index No.: 604492/2022
FERRANTELLO,
Plaintiff,
-against- THIRD-PARTY
COMPLAINT
PHILIP CASTELLANO and LINDA MARY
CASTELLANO,
Defendants.
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PHILIP CASTELLANO and LINDA MARY
CASTELLANO,
Defendants-Third-Party Plaintiffs,
-against-
JOHN FRANCO CONTRACTORS, INC.,
Third-Party Defendants.
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The defendants/third-party plaintiffs, PHILIP CASTELLANO and LINDA MARY
CASTELLANO, by their attorneys, KELLY RODE & KELLY, LLP, as and for a Third-Party
Complaint against the third-party defendant, JOHN FRANCO CONTRACTORS, INC.,
respectfully set forth and allege, upon information and belief as follows:
FIRST: That at all times hereinafter mentioned, FRANK FERRANTELLO
AND ADELINE T. FERRANTELLO (hereinafter referred to as “plaintiff”), did reside in Suffolk
County.
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SECOND: That at all times hereinafter mentioned, plaintiff did commence an
action in the Supreme Court of Suffolk County under Index No. 604492/2022 against PHILIP
CASTELLANO and LINDA MARY CASTELLANO, (hereinafter referred to collectively as
“defendants/third-party plaintiffs”). Annexed hereto as Exhibit “A”, without admitting to the
allegations set forth therein, is a copy of the plaintiff’s Summons and Complaint.
THIRD: That at all times hereinafter mentioned, defendants/third-party
plaintiffs responded to the plaintiff’s Complaint by interposing an Answer. Annexed hereto as
Exhibit “B” is a copy of the defendants’ Answer.
FOURTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, INC. (hereinafter referred to as “JOHN FRANCO CONTRACTORS”) was a
domestic corporation authorized to do business in the State of New York.
FIFTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, was a foreign corporation authorized to do business in the State of New York.
SIXTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, was a partnership authorized to do business in the State of New York.
SEVENTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, was a business entity authorized to do business in the State of New York.
EIGHTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, transacted business in the State of New York.
NINTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, maintained a principal place of business at 10 Hawk Drive, Lloyds Neck, New
York 11743.
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TENTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS was and is sole proprietorship authorized to business in the State of New York.
ELEVENTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS was and is a partnership.
TWELFTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, had employees.
THIRTEENTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, or its agents and employees performed demolition services at the property
located at 35 Eastwoods Drive, Cold Spring Harbor, New York 11724.
FOURTEENTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS performed construction services at 35 Eastwoods Drive, Cold Spring Harbor,
New York 11724.
FIFTEENTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS performed excavation services at 35 Eastwoods Drive, Cold Spring Harbor,
New York 11724.
SIXTEENTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, or its employees or agents performed land fill services at 35 Eastwoods Drive,
Cold Spring Harbor, New York 11724.
SEVENTEENTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS or its employees or agents, performed work at or near 35 Eastwoods Drive,
Cold Spring Harbor, New York 11724.
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EIGHTEENTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, directed and supervised construction work at 35 Eastwoods Drive, Cold Spring
Harbor, New York 11724.
NINETEENTH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, had a duty to supervise the manner in which its employees performed their
work.
TWENTIETH: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, had a duty to manage its employees and its agents or other contractors while
they performed their work.
TWENTY-FIRST: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, had a duty to control the manner in which its employees and its agents or other
contractors performed their work.
TWENTY-SECOND: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, had a duty to direct the manner in which its employees performed their work.
TWENTY-THIRD: That at all times hereinafter mentioned, JOHN FRANCO
CONTRACTORS, had a duty to provide material and equipment for work performed at 35
Eastwoods Drive, Cold Spring Harbor, New York 11724.
TWENTY-FOURTH: That at all times hereinafter mentioned, plaintiff alleges that they
sustained property damage during work performed at 35 Eastwoods Drive, Cold Spring Harbor,
New York 11724.
TWENTY-FIFTH: That at all times hereinafter mentioned, plaintiff makes claims of
negligence, injunction, nuisance and trespass of the defendants/third-party plaintiffs as set forth in
Exhibit “A”, which defendants/third-party plaintiffs deny.
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TWENTY-SIXTH: That at all times hereinafter mentioned, plaintiff alleges that they
sustained property damage and other damages as set forth in Exhibit “A”, which defendants/third-
party plaintiffs deny.
TWENTY-SEVENTH: That at all times hereinafter mentioned, plaintiff alleges that they
sustained damages arising from work performed at 35 Eastwoods Drive, Cold Spring Harbor, New
York 11724 as set forth in Exhibit “A”, which defendants/third-party plaintiffs deny.
TWENTY-EIGHTH: That at all times hereinafter mentioned, plaintiff alleges that the
property damages occurred over a period of time as set forth in Exhibit “A”, which
defendants/third-party plaintiffs deny.
TWENTY-NINTH: That at all times hereinafter mentioned and without admitting to any
claims by the plaintiff and waiving any defenses to the claims that defendants/third-party plaintiffs
have by operation of law, plaintiff’s accident and alleged damages, if credited as true, were caused
by the negligence of the third-party defendant or its employees and agents.
THIRTIETH: That at all times hereinafter mentioned and without admitting to any
claims by the plaintiff and waiving any defenses to the claims that defendants/third-party plaintiffs
have by operation of law, plaintiff’s accident and alleged damages, if credited as true, were caused
by the statutory violations of the third-party defendant and its employees and agents.
THIRTY-FIRST: That at all times hereinafter mentioned and without waiving any
defenses to the claims that defendants/third-party plaintiffs have by operation of law, plaintiff’s
accident was not caused in any way by the defendants/third-party plaintiffs.
THIRTY-SECOND: To the extent that the plaintiff claims that defendants/third-party
plaintiffs were at fault in causing the plaintiff’s accident and subsequent damages and without
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waiving defenses that defendants/third-party plaintiffs have by operation of law, defendants/third-
party plaintiffs are entitled to common-law contribution from third-party defendant.
THIRTY-THIRD: To the extent that the plaintiff claims that defendants/third-party
plaintiffs were at fault in causing the plaintiff’s accident and subsequent damages and without
waiving defenses that defendants/third-party plaintiffs have by operation of law, defendants/third-
party plaintiffs are entitled to common-law indemnification from third-party defendant.
THIRTY-FOURTH: To the extent that the plaintiff claims that defendants/third-party
plaintiffs were at fault in causing the plaintiff’s accident and subsequent damages and without
waiving defenses that defendants/third-party plaintiffs have by operation of law, defendants/third-
party plaintiffs are entitled to contractual indemnification from third-party defendant.
THIRTY-FIFTH: To the extent that the plaintiff claims damages as a result of the work
or incidents and without waiving any defenses to the claims that defendants/third-party plaintiffs
have by operation of law, defendants/third-party plaintiffs are entitled to contribution and
indemnification from third-party defendant if plaintiff’s alleged damages.
THIRTY-SIXTH: That at all times hereinafter mentioned, defendants/third-party
plaintiffs were entitled to be named as Additional Insureds and were entitled to insurance coverage
on policies of insurance maintained by third-party defendant.
THIRTY-SEVENTH: That at all times hereinafter mentioned, defendants/third-party
plaintiffs should have been afforded coverage and/or been named as Additional Insureds on
policies of insurance maintained by third-party defendant.
THIRTY-EIGHTH: That at all times hereinafter mentioned, defendants/third-party
plaintiffs are entitled to a defense of plaintiff’s claims by third-party defendant pursuant to the
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coverage under the insurance policy and additional insured endorsement in third-party defendant’s
insurance policies.
THIRTY-NINTH: That at all times hereinafter mentioned, defendants/third-party
plaintiffs are entitled to a defense of plaintiff’s claims by third-party defendant or its insurance
carriers pursuant to the coverage and additional insured endorsement in third-party defendant’s
insurance policies, but if such coverage was not procured by the third-party defendant, the third-
party defendant breached statutory and contractual rights of the defendants/third-party plaintiffs to
coverage.
FORTIETH: That at all times hereinafter mentioned, defendants/third-party
plaintiffs are entitled to judgment against third-party defendant for contribution, common law and
contractual indemnification, breach of contract for failure to procure appropriate insurance
coverage and all other rights available to defendants/third-party plaintiffs by operation of law.
WHEREFORE, defendants/third-party plaintiffs demand Judgment against the third-
party defendant for common law and contractual indemnification and/or contribution, and for
breach of contract and failure to procure appropriate insurance coverage and an award for costs,
attorneys fees and disbursements, and any other relief to this court may seem just and proper.
Dated: Mineola, New York
June 16, 2022 Yours, etc.,
KELLY, RODE & KELLY, LLP
BY: Eric P. Tosca___________
ERIC P. TOSCA
Attorneys for Defendants/3rd Pty. Plaintiffs
PHILIP CASTELLANO and LINDA
MARY CASTELLANO
330 Old Country Road - Suite 305
Mineola, New York 11501
(516) 739-0400
Our File No.: LZ/EPT/EEB 172810-400
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TO: SAHN WARD BRAFF KOBLENZ PLLC
Attorneys for Plaintiffs
333 Earle Ovington Boulevard - Suite 601
Uniondale, New York 11553
(516) 228-1300
JOHN FRANCO CONTRACTORS, INC.,
Third-Party Defendant
c/o Secretary of State
10 Hawk Drive
Lloyds Neck, New York 11743
JOHN FRANCO CONTRACTORS, INC.
Third-Party Defendant
10 Hawk Drive
Lloyds Neck, New York 11743
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Preview
FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------x FRANK FERRANTELLO and ADELINE T. Index No.: 604492/2022 FERRANTELLO, Plaintiff, -against- NOTICE PURSUANT TO CPLR SECTION 3401B PHILIP CASTELLANO and LINDA MARY CASTELLANO, Defendants. --------------------------------------------------------------------x PHILIP CASTELLANO and LINDA MARY CASTELLANO, Defendants-Third-Party Plaintiffs, -against- JOHN FRANCO CONTRACTORS, INC., Third-Party Defendants. ---------------------------------------------------------------------x S I R S: PLEASE TAKE NOTICE, that pursuant to the applicable sections of the Civil Practice Law and Rules of the State of New York, a Third-Party Summons and Complaint has been served in the above-entitled matter and the title of this action now reads as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------x FRANK FERRANTELLO and ADELINE T. Index No.: 604492/2022 FERRANTELLO, Plaintiff, -against- PHILIP CASTELLANO and LINDA MARY CASTELLANO, Defendants. --------------------------------------------------------------------x 1 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 ------------------------------------------------------------------x PHILIP CASTELLANO and LINDA MARY CASTELLANO, Defendants-Third-Party Plaintiffs, -against- JOHN FRANCO CONTRACTORS, INC., Third-Party Defendants. ---------------------------------------------------------------------x PLEASE TAKE FURTHER NOTICE, that the above-entitled action bears Index No.: 604492/2022. Dated: Mineola, New York June 16, 2022 Yours, etc., KELLY, RODE & KELLY, LLP BY: Eric P. Tosca___________ ERIC P. TOSCA Attorneys for Defendants/3rd Pty. Plaintiffs PHILIP CASTELLANO and LINDA MARY CASTELLANO 330 Old Country Road - Suite 305 Mineola, New York 11501 (516) 739-0400 Our File No.: LZ/EPT/EEB 172810-400 TO: SAHN WARD BRAFF KOBLENZ PLLC Attorneys for Plaintiffs 333 Earle Ovington Boulevard - Suite 601 Uniondale, New York 11553 (516) 228-1300 JOHN FRANCO CONTRACTORS, INC., Third-Party Defendant c/o Secretary of State 10 Hawk Drive Lloyds Neck, New York 11743 2 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 JOHN FRANCO CONTRACTORS, INC. Third-Party Defendant 10 Hawk Drive Lloyds Neck, New York 11743 3 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------x FRANK FERRANTELLO and ADELINE T. Index No.: 604492/2022 FERRANTELLO, Plaintiff, THIRD-PARTY SUMMONS -against- PHILIP CASTELLANO and LINDA MARY CASTELLANO, Defendants. --------------------------------------------------------------------x PHILIP CASTELLANO and LINDA MARY CASTELLANO, Defendants-Third-Party Plaintiffs, -against- JOHN FRANCO CONTRACTORS, INC., Third-Party Defendants. ---------------------------------------------------------------------x TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint of the third- party plaintiff, a copy of which is herewith served upon you and to serve copies of your Answer upon the undersigned attorneys for the third-party plaintiff, and, attorneys for the plaintiff, at their office address, within twenty (20) days after service of this Summons and Third-Party Complaint upon you exclusive of the date of service. In the event you fail to answer the Complaint of the defendant/third-party plaintiff, judgment will be taken against you by default for the relief demanded in the Third-Party 4 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 Complaint. Dated: Mineola, New York June 16, 2022 Yours, etc., KELLY, RODE & KELLY, LLP BY: Eric P. Tosca___________ ERIC P. TOSCA Attorneys for Defendants/3rd Pty. Plaintiffs PHILIP CASTELLANO and LINDA MARY CASTELLANO 330 Old Country Road - Suite 305 Mineola, New York 11501 (516) 739-0400 Our File No.: LZ/EPT/EEB 172810-400 TO: SAHN WARD BRAFF KOBLENZ PLLC Attorneys for Plaintiffs 333 Earle Ovington Boulevard - Suite 601 Uniondale, New York 11553 (516) 228-1300 JOHN FRANCO CONTRACTORS, INC., Third-Party Defendant c/o Secretary of State 10 Hawk Drive Lloyds Neck, New York 11743 JOHN FRANCO CONTRACTORS, INC. Third-Party Defendant 10 Hawk Drive Lloyds Neck, New York 11743 5 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------x FRANK FERRANTELLO and ADELINE T. Index No.: 604492/2022 FERRANTELLO, Plaintiff, -against- THIRD-PARTY COMPLAINT PHILIP CASTELLANO and LINDA MARY CASTELLANO, Defendants. --------------------------------------------------------------------x PHILIP CASTELLANO and LINDA MARY CASTELLANO, Defendants-Third-Party Plaintiffs, -against- JOHN FRANCO CONTRACTORS, INC., Third-Party Defendants. ---------------------------------------------------------------------x The defendants/third-party plaintiffs, PHILIP CASTELLANO and LINDA MARY CASTELLANO, by their attorneys, KELLY RODE & KELLY, LLP, as and for a Third-Party Complaint against the third-party defendant, JOHN FRANCO CONTRACTORS, INC., respectfully set forth and allege, upon information and belief as follows: FIRST: That at all times hereinafter mentioned, FRANK FERRANTELLO AND ADELINE T. FERRANTELLO (hereinafter referred to as “plaintiff”), did reside in Suffolk County. 6 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 SECOND: That at all times hereinafter mentioned, plaintiff did commence an action in the Supreme Court of Suffolk County under Index No. 604492/2022 against PHILIP CASTELLANO and LINDA MARY CASTELLANO, (hereinafter referred to collectively as “defendants/third-party plaintiffs”). Annexed hereto as Exhibit “A”, without admitting to the allegations set forth therein, is a copy of the plaintiff’s Summons and Complaint. THIRD: That at all times hereinafter mentioned, defendants/third-party plaintiffs responded to the plaintiff’s Complaint by interposing an Answer. Annexed hereto as Exhibit “B” is a copy of the defendants’ Answer. FOURTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, INC. (hereinafter referred to as “JOHN FRANCO CONTRACTORS”) was a domestic corporation authorized to do business in the State of New York. FIFTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, was a foreign corporation authorized to do business in the State of New York. SIXTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, was a partnership authorized to do business in the State of New York. SEVENTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, was a business entity authorized to do business in the State of New York. EIGHTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, transacted business in the State of New York. NINTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, maintained a principal place of business at 10 Hawk Drive, Lloyds Neck, New York 11743. 7 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 TENTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS was and is sole proprietorship authorized to business in the State of New York. ELEVENTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS was and is a partnership. TWELFTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, had employees. THIRTEENTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, or its agents and employees performed demolition services at the property located at 35 Eastwoods Drive, Cold Spring Harbor, New York 11724. FOURTEENTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS performed construction services at 35 Eastwoods Drive, Cold Spring Harbor, New York 11724. FIFTEENTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS performed excavation services at 35 Eastwoods Drive, Cold Spring Harbor, New York 11724. SIXTEENTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, or its employees or agents performed land fill services at 35 Eastwoods Drive, Cold Spring Harbor, New York 11724. SEVENTEENTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS or its employees or agents, performed work at or near 35 Eastwoods Drive, Cold Spring Harbor, New York 11724. 8 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 EIGHTEENTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, directed and supervised construction work at 35 Eastwoods Drive, Cold Spring Harbor, New York 11724. NINETEENTH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, had a duty to supervise the manner in which its employees performed their work. TWENTIETH: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, had a duty to manage its employees and its agents or other contractors while they performed their work. TWENTY-FIRST: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, had a duty to control the manner in which its employees and its agents or other contractors performed their work. TWENTY-SECOND: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, had a duty to direct the manner in which its employees performed their work. TWENTY-THIRD: That at all times hereinafter mentioned, JOHN FRANCO CONTRACTORS, had a duty to provide material and equipment for work performed at 35 Eastwoods Drive, Cold Spring Harbor, New York 11724. TWENTY-FOURTH: That at all times hereinafter mentioned, plaintiff alleges that they sustained property damage during work performed at 35 Eastwoods Drive, Cold Spring Harbor, New York 11724. TWENTY-FIFTH: That at all times hereinafter mentioned, plaintiff makes claims of negligence, injunction, nuisance and trespass of the defendants/third-party plaintiffs as set forth in Exhibit “A”, which defendants/third-party plaintiffs deny. 9 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 TWENTY-SIXTH: That at all times hereinafter mentioned, plaintiff alleges that they sustained property damage and other damages as set forth in Exhibit “A”, which defendants/third- party plaintiffs deny. TWENTY-SEVENTH: That at all times hereinafter mentioned, plaintiff alleges that they sustained damages arising from work performed at 35 Eastwoods Drive, Cold Spring Harbor, New York 11724 as set forth in Exhibit “A”, which defendants/third-party plaintiffs deny. TWENTY-EIGHTH: That at all times hereinafter mentioned, plaintiff alleges that the property damages occurred over a period of time as set forth in Exhibit “A”, which defendants/third-party plaintiffs deny. TWENTY-NINTH: That at all times hereinafter mentioned and without admitting to any claims by the plaintiff and waiving any defenses to the claims that defendants/third-party plaintiffs have by operation of law, plaintiff’s accident and alleged damages, if credited as true, were caused by the negligence of the third-party defendant or its employees and agents. THIRTIETH: That at all times hereinafter mentioned and without admitting to any claims by the plaintiff and waiving any defenses to the claims that defendants/third-party plaintiffs have by operation of law, plaintiff’s accident and alleged damages, if credited as true, were caused by the statutory violations of the third-party defendant and its employees and agents. THIRTY-FIRST: That at all times hereinafter mentioned and without waiving any defenses to the claims that defendants/third-party plaintiffs have by operation of law, plaintiff’s accident was not caused in any way by the defendants/third-party plaintiffs. THIRTY-SECOND: To the extent that the plaintiff claims that defendants/third-party plaintiffs were at fault in causing the plaintiff’s accident and subsequent damages and without 10 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 waiving defenses that defendants/third-party plaintiffs have by operation of law, defendants/third- party plaintiffs are entitled to common-law contribution from third-party defendant. THIRTY-THIRD: To the extent that the plaintiff claims that defendants/third-party plaintiffs were at fault in causing the plaintiff’s accident and subsequent damages and without waiving defenses that defendants/third-party plaintiffs have by operation of law, defendants/third- party plaintiffs are entitled to common-law indemnification from third-party defendant. THIRTY-FOURTH: To the extent that the plaintiff claims that defendants/third-party plaintiffs were at fault in causing the plaintiff’s accident and subsequent damages and without waiving defenses that defendants/third-party plaintiffs have by operation of law, defendants/third- party plaintiffs are entitled to contractual indemnification from third-party defendant. THIRTY-FIFTH: To the extent that the plaintiff claims damages as a result of the work or incidents and without waiving any defenses to the claims that defendants/third-party plaintiffs have by operation of law, defendants/third-party plaintiffs are entitled to contribution and indemnification from third-party defendant if plaintiff’s alleged damages. THIRTY-SIXTH: That at all times hereinafter mentioned, defendants/third-party plaintiffs were entitled to be named as Additional Insureds and were entitled to insurance coverage on policies of insurance maintained by third-party defendant. THIRTY-SEVENTH: That at all times hereinafter mentioned, defendants/third-party plaintiffs should have been afforded coverage and/or been named as Additional Insureds on policies of insurance maintained by third-party defendant. THIRTY-EIGHTH: That at all times hereinafter mentioned, defendants/third-party plaintiffs are entitled to a defense of plaintiff’s claims by third-party defendant pursuant to the 11 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 coverage under the insurance policy and additional insured endorsement in third-party defendant’s insurance policies. THIRTY-NINTH: That at all times hereinafter mentioned, defendants/third-party plaintiffs are entitled to a defense of plaintiff’s claims by third-party defendant or its insurance carriers pursuant to the coverage and additional insured endorsement in third-party defendant’s insurance policies, but if such coverage was not procured by the third-party defendant, the third- party defendant breached statutory and contractual rights of the defendants/third-party plaintiffs to coverage. FORTIETH: That at all times hereinafter mentioned, defendants/third-party plaintiffs are entitled to judgment against third-party defendant for contribution, common law and contractual indemnification, breach of contract for failure to procure appropriate insurance coverage and all other rights available to defendants/third-party plaintiffs by operation of law. WHEREFORE, defendants/third-party plaintiffs demand Judgment against the third- party defendant for common law and contractual indemnification and/or contribution, and for breach of contract and failure to procure appropriate insurance coverage and an award for costs, attorneys fees and disbursements, and any other relief to this court may seem just and proper. Dated: Mineola, New York June 16, 2022 Yours, etc., KELLY, RODE & KELLY, LLP BY: Eric P. Tosca___________ ERIC P. TOSCA Attorneys for Defendants/3rd Pty. Plaintiffs PHILIP CASTELLANO and LINDA MARY CASTELLANO 330 Old Country Road - Suite 305 Mineola, New York 11501 (516) 739-0400 Our File No.: LZ/EPT/EEB 172810-400 12 of 13 FILED: SUFFOLK COUNTY CLERK 06/16/2022 12:36 PM INDEX NO. 604492/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/16/2022 TO: SAHN WARD BRAFF KOBLENZ PLLC Attorneys for Plaintiffs 333 Earle Ovington Boulevard - Suite 601 Uniondale, New York 11553 (516) 228-1300 JOHN FRANCO CONTRACTORS, INC., Third-Party Defendant c/o Secretary of State 10 Hawk Drive Lloyds Neck, New York 11743 JOHN FRANCO CONTRACTORS, INC. Third-Party Defendant 10 Hawk Drive Lloyds Neck, New York 11743 13 of 13