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FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018
EXHMIT D
FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016
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INDEX No. 155570/2016
fZIED: NEW YORK COUNTY CLERK 03/22/2017 03:48 PN)
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/22/2017
SUPREME COURT OF THE STATE OF NEW Y ORK
COUNTY OF NEW YORK Index No.. 15557012016
____..-- _____..--_
____________....-------·--------X
ANTHONY MAGNI· Date Purchased: 2016
.Iuly5,
Plaintiff.
SUPPLEMENTAL
-against- SUMMONS
THIRD AVENUE TOWER OWNER. LLC, POI.SINELL1 The basis of venue:
PC, CLUNE CONSTRUCTION COMPANY, L.P.. . . . .
Couniv of pnncipal place ol
CONCEPTS FOR BUSINESS. LI C.,
business of Defendant
and G&S CONCEPTS. INC.
CLUNE CONSTRUCTION
Defendants. COMPANY. L.P.
----------------------------------------------------¬-----------X
POi.SINELLI PC,
Third-Party Plaintiff.
-against-
CONCEPTS FOR BUSINESS. LLC. and G&S
CONCEPTS. INC.
Third-Party Defendants
__...______.....-...____...-------····------··----------·· ----X
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, ifthe complaint is not served with this summons. to
serve a notice ofappearance on thePlaintiffs Attomeys within 20 days after the service
of this summons exclusive of the day of service (or within 30 days after the service is
complete ifthis summons is not personally delivered to you within the State of New
York); and in case of your Pailure to appear of answer, judgment will be taken against
you be default for the relief demanded herein.
Dated: Garden City, New York
March 16 2017
SACKSTElN. SACKSTEIN & LEE. ILP
By:
Michael M. Sy.echter. Esq.
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Attorneys for Plaintiff
1140 Franklin Avenue
Suite 210
Garden City. New York I I530
(516) 248-2234
TO: CONCEPTS FOR BUSINESS, LLC.
c/o NYS Department of State
G&S CONCEPTS. INC.
c!o NYS Department of State
O Connor Redd, LLP
Attorneys for Defendant
TM1RD AVENUE TOWER OWNiiR. LLC
P.O. Box 1000
242 King Street
Port Chester, New York 10573
(914) 686-1700
Eustace, Marquez, Epstein, Prezioso & Yapchanyk
Attomeys for Defendant/Third Party Plaintiff
POl-SINELL1 PC
29'''
55 Water Street, Floor
New York, New York 10041
(212) 612-4200
Lewis Brisbois Bisgaard & Smith LLP
Attorneys for Defendant
CLUNE CONSTRUCTION COMPANY. L.P.
77 Water Street, Suite 2100
New York. New York 10005
t212) 232-1393
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SUPREME COURTOF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--- -------------------------------------------------- X Index No.: 155570/2016
ANTHONY MAGN1,
Plaintiff. VERIFIED
AMENDED COMPLAINT
-against-
THIRD AVENUE TOWER OWNER, LLC, POLSTNELLT
PC, CLUNE CONSTRUCTION COMPANY, L.P.,
CONCEPTS FOR BUSINESS, LLC.,
and G&S CONCEPTS, INC.
Defendants.
--- -¬---------- ---- -----------X
PlaintitŸ,by his attaracys, SACKSTEIN, SACKSTEfN & LEE, LLP, complaining
of the defendants herein, respectfully shows to this court and alleges as follow upon
information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
1. That at all times hereinafter alleged the defendant, THIRD AVENUE
TOWER OWNER, LLC. was a domestic corporation organized and existing under and
by virtue of the laws of the State of New York.
2. That at all times hereinafter alleged, and upon information and belief,the
defendant, THIRD AVENUE TOWNER OWNER, LLC, was a foreign corporation
authorized to do business under and by virtue of the laws of the State of New York.
3. That at all times hereinafter alleged. and upon information and the
belief,
defendant, THIRD AVENUE TOWNER OWNER, LLC, was a foreign limited liability
company authorized to do business under and by virtue of the laws of the State of New
York.
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4. That at alltimes hereinafter alleged the defendant, POLSINELL1 PC, was
a domestic corporation organized and existing under and by virtue of the laws of the State
of New York.
5. That at alltirnes hereinafter alleged, and upon information and belief, the
defendant, POLSINELLI PC, was a foreign corporation authorized to do büsiress under
and by virtue of the laws of the State of New York.
6. That at alltimes hereinafter alleged the defendant, CONCEPTS FOR
BUSINESS, LLC., was a domestic corporation duly organized and existing under and by
virtue of the laws of the State of New York.
7. That at alltimes heminafter alleged, and upon infonnation and belief, the
defendant. CONCEPTS FOR BUSINESS. LLC., was a foreign corporation duly
authorized to do business under and by virtue of the laws of the State of New York.
8. That at alltimes hereinafter alleged, and upon information and belief, the
defendant. CONCEPTS FOR BUSINESS, LLC., was a partnership duly authorized to do
business under and by virtue of the laws of the State of New York.
9. That at all times hereinafter alleged, and upon information and belief, the
defendent, CONCEPTS FOR BUSINESS, LLC.. was a sole proprietarship duly
authorized to do business in the State of New York.
10. That at all times hereinafter alleged, and upon information and belief,the
defendant. CONCEPTS FOR BUSINESS, LLC., conducted business in the State ofNew
York.
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L 1. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, CONCEPTS FOR BUSINESS, LLC., derived and continues to derive
substantial revenues from the State of New York.
12. That at alltimes hereinafter alleged the defendant, G&S CONCEPTS,
INC., was a domestic corporation duly organized and existing under and by virtue of the
laws of the State ofNew York.
13. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, G&S CONCEPTS, INC.. was a foreign corporation duly authorized to do
business under and by virtue of the laws of the State of New York.
14. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, G&S CONCEPTS, INC., was a partnership duly authorized to do business
under and by virtue of the laws of the State of New York.
15. That at alltimes hereinafter alleged. and upon information and belief, the
defendent, G&S CONCEPTS, INC.. was a sole proprietorship duly authorized to do
business in the State of New York.
I6. That at alltimes hereiñafter alleged, and upon information and belief. the
defendant, G&S CONCEPTS, INC., conducted business in the State of New York.
17. That at alltimes hereinafter alleged, and upon information and the
belief,
defendant, G&S CONCEPTS, LNC., LLC., derived and continees to derive substantial
revenues from the State of New York.
18. That at all times hereinafter alleged the CLUNE
defêñdant,
CONSTRUCTION COMPANY, LP., was a derüêstic corporation organized and existing
under and by virtue of the laws of the State of New York.
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1 1. That at alltimes hercinâfter alleged, and upon information and belief, the
defendant, CONCEPTS FOR BUSINESS. I.LC.. derived and continues to derive
substantial revenues from the State ofNew York.
12. That at alltimes hereinafter alleged the defendant, G&S CONCEPTS,
INC.. was a domestic corporation duly organized and existing under and by virtue of the
laws of the State of New York.
13. That at all times hereinafter alleged, and upon information and belief. the
defendant, G&S CONCEPTS, INC.. was a foreign corporation duly authorized to do
business under and by virtue of the laws of the State of New York.
|4. That at all times hereinafter alleged, and upon information and belief, the
defendant. G&S CONCEPTS. INC.. was a partnership duly authorized to do business
under and by virtue of the laws of the State of New York.
15, That at all times hereinafter alleged. and upon information and belief. the
defendant, G&S CONCEPTS, INC., was a sole proprietorship duly authorized to do
business in the State of New York.
16. Tha1 at all times hereinafter alleged. and upon infonnation and belief.the
defendant. G&S CONCEPTS. 1NC.. conducted business in the State of New York.
I7. That at all times hereinailer alleged. and upon information and the
belief,
defendant. G&S CONCEPTS. INC.. 1 I.C..derived and continues to derive substantial
revenues from the State of New York.
18. That at alltimes hereinafter alleged the CLUNE
defendant,
CONSTRUCTION COMPANY, L.P,, was a domestic corporation organized and existing
under and by virtue of the laws of the State of New York.
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19. That at all times hereinafter alleged. and upon information and belief. the
def endant. CLUNE CONSTRUCTION COMPANY. L.P., was a foreign corporation
authorized to do business under and by virtue of the laws of the State of New York.
20. That at alltimes herein alleged. and upon information and belief. the
defendant, CLUNE CONSTRUCTION COMPANY. L.P.. maintained itsprincipal place
of business in the County of New York. City and State of New York.
21. That at all times hereinafter alleged. and upon information and belief,
prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER. LLC,
owned the building and premises located at 600 Third Avenue, in the County of New
York. City and State ofNew York.
22. That at alltimes hereinafter alleged. and upon information and belief.
prior to February 10. 2016. the defendant. THIRD AVENUE TOWER OWNER, LLC.
managed the building and premises located at 600 Third Avenue, in the County of New
York. City and State of New York.
23. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10. 2016. the defendant. THIRD AVENUE TOWER OWNER. I.LC.
maintained the building and premises located at 600 Third Avenue. in the County of New
York, City and State of New York.
24. That at alltimes hercinufter alleged. and upon information and belief.
prior to February 10. 2016, the defendant. THIRD AVENUE TOWER OWNER. LLC,
supervised the building and premises located at 600 Third Avenue, in the County of New
York. City and State of New York.
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25. That at all times hereinafter alleged. and upon information and belief.
prior to February 10, 2016, the defendant. THIRD AVENUE TOWER OWNER, LLC,
controlled the building and premises located at 600 Third Avenue, in the Coumy of New
York. City and State of New York.
26. That at all times hereinafter alleged. and upon information and belief.
prior to February 10. 2016. the defendant, TH[RD AVENUE TOWER OWNER, LLC.
entered into an agreemem and/or arrangement to provide and perform certain work, labor
and/or services at the building and premises located at 600 Third Avenue, in the County
of New York. City and State of New York.
27. That at all times hereinnfter alleged, and upon inforrnation and belief,
prior to February 10. 2016. the defendant. THIRD AVENUE TOWER OWNER. LLC,
entered into a contract to provide and perform certain work. labor and/or services at the
building and premises located at 600 Third Avenue. in the County of New York, City and
State of New York.
28. That on February 10. 2016, and upon information and belief, the
defendant. THIRD AVENUE TOWER OWNER. 1.LC. was performing certain work,
labor and/or services at the and premises located at 600 Third Avenue, in the
building
County of New York. City and State of New York.
29. That on February 10, 2016, and upon inforrnation and belief. the
defendant, THIR D AVENUE TOWER OWNER. LLC, was the general contractor at the
building and pn-mises located at 600 Third Avenue. in the County ofNew York. and
City
State of New York.
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30. That on February 10. 2016. and upon intbrmation and belief. the
defendant, THIRD AVENUE TOWER OWNER, LLC, was the project manager at the
building and premises located at 600 Third Avenue. in the County of New York, City and
State of New York.
31. That on Februarv 10. 2016. and upon information and belief. the
defendant. THIRD AVENUE TOWER OWNER. Ll.C. was a contractor at the building
and prernises located at 600 Third Avenue. in the County of New York. City and State of
New York.
32. That at alltimes hereinafter alleged, and upon information and belief, the
defendant. THIRD AVENUE TOWER OWNER. LLC, was performing certain work.
labor and/or services at the aforesaid location and directed, supervised and controlled all
o f thework and/or services performed in and about the building and premises located at
600 Third Avenue. in the County of New York. City and State of New York.
33. That at all times hereinafter alleged, and upon information and belief,
prior to February 10 2016, the defendant, THIRD AVENUE TOWER OWNER. LLC,
hired various entities to provide and perform certain work. labor and/or services at the
building and prentises located at 600 Third Avenue. in the County of New York. City and
State of New York.
34. That at alltimes hereinafter alleged, and upon information and belief.
prior to February 10, 2016. the defendant, THIRD AVENUE TOWER OWNER. 1.LC.
was responsible for the sitesafety of the work. labor and/or services performed in
being
and about the and premises located at 600 Third Avenue in the of New
building County
York. City and State of New York.
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35. That at all times hereinafter alleged, and upon infonnation and belief.
prior to February 10. 2016. the defendant, THIRD AVENUE TOWER OWNER, LLC,
inspected the work. labor and/or services being performed in and about the building and
premises located at 600 Third Avenue. in the County of New York. City and State of
New York.
36. That at alltimes hereinafter alleged. and upon information and belief.
prior to February 10, 20[6, the defendant, POLSTNFLLI PC. owned the building and
premises located at 600 Third Avenue. in the County of New York, City and State of
New York.
37. That at alltimes hereinafter alleged. and upon information and belief.
prior to February 10. 2016. the defendant. POLSINELLI PC. was a tenam of the building
and premises focated at 600 Third Avenue, in the County of New York. City and State of
New York.
38. That at alltimes hereinafter alleged, and upon information and belief.
prior to February 10, 2016. the defendant. POLSINELL( PC, was a lessee of the building
and premises located at 600 Third Avenue. in the County of New York. City and State of
New York.
39. That at alltimes hereinafter alleged. and upon information and belief,
prior to February 10. 2016, the defendant. POLSlNELL1 PC. managed the and
buikling
premises located at 600 Third Avenue, in the County of New York. City and State of
New York.
40. That at all times hereinafter alleged, and upon information and belief,
prior to February 10. 2016. the defendant, POLSINiiLLI PC. maintained the and
building
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premises located at 600 Third Avenue, in the County ofNew York, City and State of
..
New York.
41. That at alltimes hereinafter alleged, and upon information and belicE
prior to February 10. 2016. the defendant, POLSINELL1 PC, supervised the building and
premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
42. That at all times hercinafter alleged. and upon information and belief.
prior to February 10, 2016, the defendant. POLSENE).1 I PC. controlled the building and
premises located at 600 Third Avenue, in the County of New York, City and State of
New York.
43. That at alltimes hereinafter alleged, and upon information and belief.
prior to February 10. 2016. the defendant, POLSINELLI PC. entered into an agreement
and/or arrangement to provide and perform certain work. labor and/or services at the
building and premises located at 600 Third Avenue, in the County of New York, City and
State of New York.
44. That at alltimes hereinafter alleged. and upon information and belief.
prior to February 10. 2016 the dcfcadant POLSlNELLI PC. entered into a contract to
provide and perform certain work, labor and/or services at the and premises
building
located at 600 Third Avenue. in the County of New York. City and State ofNew York.
45. That on February 10. 2016. and upon information and belief. the
defendant, POLStNE1.U PC, was performing certain work, labor and/or services at the
building and premiscs located at 600 Third Avenue, in the ofNew York, and
County City
State of New York.
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46. That on February 10, 2016, and upon information and belief, the
defendant. POLSINELLI PC, was the general contractor at the buikling and premises
located at 600 Third Avenue, in the County of New York. City and State of New York.
47. That on February 10, 2016, and upon information and belief. the
defendant. POl.SINEl.LI PC. was the project manager at the building and premises
located at 600 Third Avenue, in the County of New York, City and State of New York.
48. That on February 10. 2016, and upon information and belief. the
defendant. POl.STNELLl PC. was a contractor at the building and premises located at 600
Third Avenue. in the County of New York. City and State of New York.
49. That at all times hereinafter alleged, and upon information and belief. the
defendant, POLSINELLI PC. was performing certain work, labor and/or services at the
aforesaid location and directed. supervised and controlled allof the work and/or services
performed in and about the building and premises located at 600 Third Avenue, in the
County of New York, City and State of New York.
50. That at alltimes hereinafter alleged. and upon information and belief,
prior to February 10. 2016, the defendant, POLSINELLI PC, hired various entities to
provide and perform certain work. labor and/or services at the building and premises
located at 600 Third Avenue. in the County of New York. City and State of New York.
51. That at alltimes hereinatter alleged. and upon inIormation and belief.
prior to February 10. 2016, the deibñdant, POLSINELL1 PC. was responsible forthe site
safety of the work, labor and/or services performed in and about the and
being building
premises located at 600 Third Avenue. in the of New and State of
County York, City
New York.
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52. That at alltimes hereinafter alleged. and upon infonnation and belief,
prior to February 10. 2016, the defendant. POLSINELL I PC. inspected the work, labor
and/or services being performed in and about the building and premises located at 600
Third Avenue. in the County of New York, City and State of New York.
53. That at alltimes hereinafter alleged. and upon information and belief.
prior to February 10. 2016. the defendant, CLUNE CONSTRUCTION COMPANY. L.P..
owned the building and premises located at 600 Third Avenue, in the County ofNew
York. City and State of New York.
54. That at alltimes hereinafter alleged. and upon information and belief.
prior to February 10, 2016, the defendant. CLUNE CONSTRUCTION COMPANY, LP..
managed the building and premises located at 600 Third Avenue, in the County of New
York. City and State of New York.
55. That at all times hereinafter alleged, and upon information and belief,
prior to February 10. 2016. the defendant. CLUNE CONSTRUCTION COMPANY. L P..
maintained the building and premises located at 600 Third Avenue, in the County of New
York, City and State of New York.
56. That at alltimes hereinafter alleged. and upon information and belief.
prior to February 10. 2016, the defendant. CI.UNE CONSTRUCTION COMPANY, LP..
supervised the building and premises located at 600 Third Avenue. in the ofNew
County
York. City and State of New York.
57. That at alltimes hereinafter alleged, and upon information and belief,
prior to February 10, 2016. the defendant. CLUNE CONSTRUCTION COMPANY, LP.,
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controlled the building and premises located at 600 Third Avenue, in the County of New
York. City and State of New York.
58. That at all times hereinafter alleged, and upon information and belief,
prior to February 10. 2016, the defendant, CLUNE CONSTRUCTION COMPANY, LP
entered into an agreement and/or arrangement to provide and perform certain work. labor
and/or services at the building and premises located at 600 Third Avenue, in the County
of New York. City and State of New York.
59. That at alltimes hereinafter alleged. and upon infonnation and belief.
prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, LP..
entered into a contract to provide and perform certain work. labor and/or services at the
building and premises located at 600 Third Avenue, in the County of New York, City and
State of New York.
60. That on February 10. 2016. and upon information and belief. the
defendant, CLUNE CONSTRUCTION COMPANY. LP., was performing certain work,
labor and/or services at the building and premises located at 600 Third Avenue. in the
Coumy of New York, City and State of New York.
61. That on February 10. 2016, and upon information and belief. the
defendant, CI UNE CONSTRUCTION COMPANY. LP.. was the general contractor at
the building and premises kwated at 600 Third Avenue. in the County of New York, City
and State of New York.
62. That on February 10. 2016. and upon inforrnation and belief. the
defendant. CLUNE CONSTRUCTION COMPANY, LP.. was the project manager at the
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building and premises located at 600 Third Avenue. in the County of New York, City and
State of New York.
63. That on February 10, 2016, and upon information and belief. the
defendant, CLUNE CONSTRUCTION COMPANY, LP., was a contractor at the building
and prernises located at 600 Third Avenue. in the County of New York. City and State of
Preview
FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 EXHMIT D FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX No. 155570/2016 fZIED: NEW YORK COUNTY CLERK 03/22/2017 03:48 PN) NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/22/2017 SUPREME COURT OF THE STATE OF NEW Y ORK COUNTY OF NEW YORK Index No.. 15557012016 ____..-- _____..--_ ____________....-------·--------X ANTHONY MAGNI· Date Purchased: 2016 .Iuly5, Plaintiff. SUPPLEMENTAL -against- SUMMONS THIRD AVENUE TOWER OWNER. LLC, POI.SINELL1 The basis of venue: PC, CLUNE CONSTRUCTION COMPANY, L.P.. . . . . Couniv of pnncipal place ol CONCEPTS FOR BUSINESS. LI C., business of Defendant and G&S CONCEPTS. INC. CLUNE CONSTRUCTION Defendants. COMPANY. L.P. ----------------------------------------------------¬-----------X POi.SINELLI PC, Third-Party Plaintiff. -against- CONCEPTS FOR BUSINESS. LLC. and G&S CONCEPTS. INC. Third-Party Defendants __...______.....-...____...-------····------··----------·· ----X To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, ifthe complaint is not served with this summons. to serve a notice ofappearance on thePlaintiffs Attomeys within 20 days after the service of this summons exclusive of the day of service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your Pailure to appear of answer, judgment will be taken against you be default for the relief demanded herein. Dated: Garden City, New York March 16 2017 SACKSTElN. SACKSTEIN & LEE. ILP By: Michael M. Sy.echter. Esq. 1 of 2 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 NEW COUNTY INDEX NO. 155570/2016 |FILED: YORK CLERK 03/22/2017 03:48 PE NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/22/2017 Attorneys for Plaintiff 1140 Franklin Avenue Suite 210 Garden City. New York I I530 (516) 248-2234 TO: CONCEPTS FOR BUSINESS, LLC. c/o NYS Department of State G&S CONCEPTS. INC. c!o NYS Department of State O Connor Redd, LLP Attorneys for Defendant TM1RD AVENUE TOWER OWNiiR. LLC P.O. Box 1000 242 King Street Port Chester, New York 10573 (914) 686-1700 Eustace, Marquez, Epstein, Prezioso & Yapchanyk Attomeys for Defendant/Third Party Plaintiff POl-SINELL1 PC 29''' 55 Water Street, Floor New York, New York 10041 (212) 612-4200 Lewis Brisbois Bisgaard & Smith LLP Attorneys for Defendant CLUNE CONSTRUCTION COMPANY. L.P. 77 Water Street, Suite 2100 New York. New York 10005 t212) 232-1393 2 of 2 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX NO. 155570/2016 FILED: NEW YORK COUNTY CLERK 03/22/201'/ 03;$4 PN) NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 SUPREME COURTOF THE STATE OF NEW YORK COUNTY OF NEW YORK --- -------------------------------------------------- X Index No.: 155570/2016 ANTHONY MAGN1, Plaintiff. VERIFIED AMENDED COMPLAINT -against- THIRD AVENUE TOWER OWNER, LLC, POLSTNELLT PC, CLUNE CONSTRUCTION COMPANY, L.P., CONCEPTS FOR BUSINESS, LLC., and G&S CONCEPTS, INC. Defendants. --- -¬---------- ---- -----------X PlaintitŸ,by his attaracys, SACKSTEIN, SACKSTEfN & LEE, LLP, complaining of the defendants herein, respectfully shows to this court and alleges as follow upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION 1. That at all times hereinafter alleged the defendant, THIRD AVENUE TOWER OWNER, LLC. was a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 2. That at all times hereinafter alleged, and upon information and belief,the defendant, THIRD AVENUE TOWNER OWNER, LLC, was a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 3. That at all times hereinafter alleged. and upon information and the belief, defendant, THIRD AVENUE TOWNER OWNER, LLC, was a foreign limited liability company authorized to do business under and by virtue of the laws of the State of New York. 1 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 (UTLED : NEW YORK COUNTY CLERK 03/22(2017 03:54 M INDEX NO. 155570/2016 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 4. That at alltimes hereinafter alleged the defendant, POLSINELL1 PC, was a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 5. That at alltirnes hereinafter alleged, and upon information and belief, the defendant, POLSINELLI PC, was a foreign corporation authorized to do büsiress under and by virtue of the laws of the State of New York. 6. That at alltimes hereinafter alleged the defendant, CONCEPTS FOR BUSINESS, LLC., was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 7. That at alltimes heminafter alleged, and upon infonnation and belief, the defendant. CONCEPTS FOR BUSINESS. LLC., was a foreign corporation duly authorized to do business under and by virtue of the laws of the State of New York. 8. That at alltimes hereinafter alleged, and upon information and belief, the defendant. CONCEPTS FOR BUSINESS, LLC., was a partnership duly authorized to do business under and by virtue of the laws of the State of New York. 9. That at all times hereinafter alleged, and upon information and belief, the defendent, CONCEPTS FOR BUSINESS, LLC.. was a sole proprietarship duly authorized to do business in the State of New York. 10. That at all times hereinafter alleged, and upon information and belief,the defendant. CONCEPTS FOR BUSINESS, LLC., conducted business in the State ofNew York. 2 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX NO. 15S570/2016 FILED: NEW YORK COUNTY CLERK 03/22/2017 03:54 PM NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 L 1. That at alltimes hereinafter alleged, and upon information and belief, the defendant, CONCEPTS FOR BUSINESS, LLC., derived and continues to derive substantial revenues from the State of New York. 12. That at alltimes hereinafter alleged the defendant, G&S CONCEPTS, INC., was a domestic corporation duly organized and existing under and by virtue of the laws of the State ofNew York. 13. That at alltimes hereinafter alleged, and upon information and belief, the defendant, G&S CONCEPTS, INC.. was a foreign corporation duly authorized to do business under and by virtue of the laws of the State of New York. 14. That at alltimes hereinafter alleged, and upon information and belief, the defendant, G&S CONCEPTS, INC., was a partnership duly authorized to do business under and by virtue of the laws of the State of New York. 15. That at alltimes hereinafter alleged. and upon information and belief, the defendent, G&S CONCEPTS, INC.. was a sole proprietorship duly authorized to do business in the State of New York. I6. That at alltimes hereiñafter alleged, and upon information and belief. the defendant, G&S CONCEPTS, INC., conducted business in the State of New York. 17. That at alltimes hereinafter alleged, and upon information and the belief, defendant, G&S CONCEPTS, LNC., LLC., derived and continees to derive substantial revenues from the State of New York. 18. That at all times hereinafter alleged the CLUNE defêñdant, CONSTRUCTION COMPANY, LP., was a derüêstic corporation organized and existing under and by virtue of the laws of the State of New York. 3 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX NO. 155570/2016 FILED: NEW YORK COUNTY CLERK 03/22/2017 03: 54 PM| NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 1 1. That at alltimes hercinâfter alleged, and upon information and belief, the defendant, CONCEPTS FOR BUSINESS. I.LC.. derived and continues to derive substantial revenues from the State ofNew York. 12. That at alltimes hereinafter alleged the defendant, G&S CONCEPTS, INC.. was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 13. That at all times hereinafter alleged, and upon information and belief. the defendant, G&S CONCEPTS, INC.. was a foreign corporation duly authorized to do business under and by virtue of the laws of the State of New York. |4. That at all times hereinafter alleged, and upon information and belief, the defendant. G&S CONCEPTS. INC.. was a partnership duly authorized to do business under and by virtue of the laws of the State of New York. 15, That at all times hereinafter alleged. and upon information and belief. the defendant, G&S CONCEPTS, INC., was a sole proprietorship duly authorized to do business in the State of New York. 16. Tha1 at all times hereinafter alleged. and upon infonnation and belief.the defendant. G&S CONCEPTS. 1NC.. conducted business in the State of New York. I7. That at all times hereinailer alleged. and upon information and the belief, defendant. G&S CONCEPTS. INC.. 1 I.C..derived and continues to derive substantial revenues from the State of New York. 18. That at alltimes hereinafter alleged the CLUNE defendant, CONSTRUCTION COMPANY, L.P,, was a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 4 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX No. 155570/2016 FILED: NEW YORK COUNTY CLERK 03/22(2017 03:54 PN| NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 19. That at all times hereinafter alleged. and upon information and belief. the def endant. CLUNE CONSTRUCTION COMPANY. L.P., was a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 20. That at alltimes herein alleged. and upon information and belief. the defendant, CLUNE CONSTRUCTION COMPANY. L.P.. maintained itsprincipal place of business in the County of New York. City and State of New York. 21. That at all times hereinafter alleged. and upon information and belief, prior to February 10, 2016, the defendant, THIRD AVENUE TOWER OWNER. LLC, owned the building and premises located at 600 Third Avenue, in the County of New York. City and State ofNew York. 22. That at alltimes hereinafter alleged. and upon information and belief. prior to February 10. 2016. the defendant. THIRD AVENUE TOWER OWNER, LLC. managed the building and premises located at 600 Third Avenue, in the County of New York. City and State of New York. 23. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10. 2016. the defendant. THIRD AVENUE TOWER OWNER. I.LC. maintained the building and premises located at 600 Third Avenue. in the County of New York, City and State of New York. 24. That at alltimes hercinufter alleged. and upon information and belief. prior to February 10. 2016, the defendant. THIRD AVENUE TOWER OWNER. LLC, supervised the building and premises located at 600 Third Avenue, in the County of New York. City and State of New York. 5 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX NO. 155570/2016 (FILED: NEW YORK COUNTY CLERK 03/22/2017 03:54 PM NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 25. That at all times hereinafter alleged. and upon information and belief. prior to February 10, 2016, the defendant. THIRD AVENUE TOWER OWNER, LLC, controlled the building and premises located at 600 Third Avenue, in the Coumy of New York. City and State of New York. 26. That at all times hereinafter alleged. and upon information and belief. prior to February 10. 2016. the defendant, TH[RD AVENUE TOWER OWNER, LLC. entered into an agreemem and/or arrangement to provide and perform certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York. City and State of New York. 27. That at all times hereinnfter alleged, and upon inforrnation and belief, prior to February 10. 2016. the defendant. THIRD AVENUE TOWER OWNER. LLC, entered into a contract to provide and perform certain work. labor and/or services at the building and premises located at 600 Third Avenue. in the County of New York, City and State of New York. 28. That on February 10. 2016, and upon information and belief, the defendant. THIRD AVENUE TOWER OWNER. 1.LC. was performing certain work, labor and/or services at the and premises located at 600 Third Avenue, in the building County of New York. City and State of New York. 29. That on February 10, 2016, and upon inforrnation and belief. the defendant, THIR D AVENUE TOWER OWNER. LLC, was the general contractor at the building and pn-mises located at 600 Third Avenue. in the County ofNew York. and City State of New York. 6 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX No. 155570/2016 FILED: NEW YORK COUNTY CLERK 03/22/2017 03:54 PM NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 30. That on February 10. 2016. and upon intbrmation and belief. the defendant, THIRD AVENUE TOWER OWNER, LLC, was the project manager at the building and premises located at 600 Third Avenue. in the County of New York, City and State of New York. 31. That on Februarv 10. 2016. and upon information and belief. the defendant. THIRD AVENUE TOWER OWNER. Ll.C. was a contractor at the building and prernises located at 600 Third Avenue. in the County of New York. City and State of New York. 32. That at alltimes hereinafter alleged, and upon information and belief, the defendant. THIRD AVENUE TOWER OWNER. LLC, was performing certain work. labor and/or services at the aforesaid location and directed, supervised and controlled all o f thework and/or services performed in and about the building and premises located at 600 Third Avenue. in the County of New York. City and State of New York. 33. That at all times hereinafter alleged, and upon information and belief, prior to February 10 2016, the defendant, THIRD AVENUE TOWER OWNER. LLC, hired various entities to provide and perform certain work. labor and/or services at the building and prentises located at 600 Third Avenue. in the County of New York. City and State of New York. 34. That at alltimes hereinafter alleged, and upon information and belief. prior to February 10, 2016. the defendant, THIRD AVENUE TOWER OWNER. 1.LC. was responsible for the sitesafety of the work. labor and/or services performed in being and about the and premises located at 600 Third Avenue in the of New building County York. City and State of New York. 7 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX NO. 155570/2016 (FILED: NEW YORK COUNTY CLERK 03(22/2017 03:54 Pli NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 35. That at all times hereinafter alleged, and upon infonnation and belief. prior to February 10. 2016. the defendant, THIRD AVENUE TOWER OWNER, LLC, inspected the work. labor and/or services being performed in and about the building and premises located at 600 Third Avenue. in the County of New York. City and State of New York. 36. That at alltimes hereinafter alleged. and upon information and belief. prior to February 10, 20[6, the defendant, POLSTNFLLI PC. owned the building and premises located at 600 Third Avenue. in the County of New York, City and State of New York. 37. That at alltimes hereinafter alleged. and upon information and belief. prior to February 10. 2016. the defendant. POLSINELLI PC. was a tenam of the building and premises focated at 600 Third Avenue, in the County of New York. City and State of New York. 38. That at alltimes hereinafter alleged, and upon information and belief. prior to February 10, 2016. the defendant. POLSINELL( PC, was a lessee of the building and premises located at 600 Third Avenue. in the County of New York. City and State of New York. 39. That at alltimes hereinafter alleged. and upon information and belief, prior to February 10. 2016, the defendant. POLSlNELL1 PC. managed the and buikling premises located at 600 Third Avenue, in the County of New York. City and State of New York. 40. That at all times hereinafter alleged, and upon information and belief, prior to February 10. 2016. the defendant, POLSINiiLLI PC. maintained the and building 8 of 2S FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX No. 155570/2016 FILED: NEW YORK COUNTY CLERK 03(22/2017 03:54 PM| NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 premises located at 600 Third Avenue, in the County ofNew York, City and State of .. New York. 41. That at alltimes hereinafter alleged, and upon information and belicE prior to February 10. 2016. the defendant, POLSINELL1 PC, supervised the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 42. That at all times hercinafter alleged. and upon information and belief. prior to February 10, 2016, the defendant. POLSENE).1 I PC. controlled the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 43. That at alltimes hereinafter alleged, and upon information and belief. prior to February 10. 2016. the defendant, POLSINELLI PC. entered into an agreement and/or arrangement to provide and perform certain work. labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 44. That at alltimes hereinafter alleged. and upon information and belief. prior to February 10. 2016 the dcfcadant POLSlNELLI PC. entered into a contract to provide and perform certain work, labor and/or services at the and premises building located at 600 Third Avenue. in the County of New York. City and State ofNew York. 45. That on February 10. 2016. and upon information and belief. the defendant, POLStNE1.U PC, was performing certain work, labor and/or services at the building and premiscs located at 600 Third Avenue, in the ofNew York, and County City State of New York. 9 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX No. 155570/2016 F1LED: NEW YORK COUNTY CLERK 0TT2Y/70T7¯03:54 PD NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 46. That on February 10, 2016, and upon information and belief, the defendant. POLSINELLI PC, was the general contractor at the buikling and premises located at 600 Third Avenue, in the County of New York. City and State of New York. 47. That on February 10, 2016, and upon information and belief. the defendant. POl.SINEl.LI PC. was the project manager at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 48. That on February 10. 2016, and upon information and belief. the defendant. POl.STNELLl PC. was a contractor at the building and premises located at 600 Third Avenue. in the County of New York. City and State of New York. 49. That at all times hereinafter alleged, and upon information and belief. the defendant, POLSINELLI PC. was performing certain work, labor and/or services at the aforesaid location and directed. supervised and controlled allof the work and/or services performed in and about the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 50. That at alltimes hereinafter alleged. and upon information and belief, prior to February 10. 2016, the defendant, POLSINELLI PC, hired various entities to provide and perform certain work. labor and/or services at the building and premises located at 600 Third Avenue. in the County of New York. City and State of New York. 51. That at alltimes hereinatter alleged. and upon inIormation and belief. prior to February 10. 2016, the deibñdant, POLSINELL1 PC. was responsible forthe site safety of the work, labor and/or services performed in and about the and being building premises located at 600 Third Avenue. in the of New and State of County York, City New York. 10 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX NO. 155570/2016 FILED: NEW YORK COUNTY CLERK 03/22/2017 03: 54 PB$ NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 52. That at alltimes hereinafter alleged. and upon infonnation and belief, prior to February 10. 2016, the defendant. POLSINELL I PC. inspected the work, labor and/or services being performed in and about the building and premises located at 600 Third Avenue. in the County of New York, City and State of New York. 53. That at alltimes hereinafter alleged. and upon information and belief. prior to February 10. 2016. the defendant, CLUNE CONSTRUCTION COMPANY. L.P.. owned the building and premises located at 600 Third Avenue, in the County ofNew York. City and State of New York. 54. That at alltimes hereinafter alleged. and upon information and belief. prior to February 10, 2016, the defendant. CLUNE CONSTRUCTION COMPANY, LP.. managed the building and premises located at 600 Third Avenue, in the County of New York. City and State of New York. 55. That at all times hereinafter alleged, and upon information and belief, prior to February 10. 2016. the defendant. CLUNE CONSTRUCTION COMPANY. L P.. maintained the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 56. That at alltimes hereinafter alleged. and upon information and belief. prior to February 10. 2016, the defendant. CI.UNE CONSTRUCTION COMPANY, LP.. supervised the building and premises located at 600 Third Avenue. in the ofNew County York. City and State of New York. 57. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016. the defendant. CLUNE CONSTRUCTION COMPANY, LP., 11 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX NO. 155570/2016 FILED : NEW YORK COUNTY CLERK 03/22(2017 03:54 PMI NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 controlled the building and premises located at 600 Third Avenue, in the County of New York. City and State of New York. 58. That at all times hereinafter alleged, and upon information and belief, prior to February 10. 2016, the defendant, CLUNE CONSTRUCTION COMPANY, LP entered into an agreement and/or arrangement to provide and perform certain work. labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York. City and State of New York. 59. That at alltimes hereinafter alleged. and upon infonnation and belief. prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, LP.. entered into a contract to provide and perform certain work. labor and/or services at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 60. That on February 10. 2016. and upon information and belief. the defendant, CLUNE CONSTRUCTION COMPANY. LP., was performing certain work, labor and/or services at the building and premises located at 600 Third Avenue. in the Coumy of New York, City and State of New York. 61. That on February 10. 2016, and upon information and belief. the defendant, CI UNE CONSTRUCTION COMPANY. LP.. was the general contractor at the building and premises kwated at 600 Third Avenue. in the County of New York, City and State of New York. 62. That on February 10. 2016. and upon inforrnation and belief. the defendant. CLUNE CONSTRUCTION COMPANY, LP.. was the project manager at the 12 of 25 FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 10/26/2018 INDEX NO. 155570/2016 FILED: NEW YORK COUNTY CLERK 03(22/2017 03:54 PM NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/22/2017 building and premises located at 600 Third Avenue. in the County of New York, City and State of New York. 63. That on February 10, 2016, and upon information and belief. the defendant, CLUNE CONSTRUCTION COMPANY, LP., was a contractor at the building and prernises located at 600 Third Avenue. in the County of New York. City and State of