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FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018
EXHIBIT G
FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016
NYSCEF
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DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018
DOd . NO. 84
RECEIVE D NY SCEF: 06/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ANTHONY MAGNI,
Plaintiff, VERIFIED
AMENDED COMPLAINT
-against-
THIRD AVENUE TOWER OWNER, LLC, POLSINELLI
PC, CLUNE CONSTRUCTION COMPANY, L.P.,
CONCEPTS FOR BUSINESS, LLC.,
and G&S CONCEPTS, INC.
Defendants
----------------------- --------------------------------X
Plaintiff, by his attorneys, SACKSTEIN, SACKSTE1N & LEE, LLP, cornplaining of the
defendants herein, respectfully shows to this court and alleges as follow upon inforrnation and
belief:
AS AND FOR A FIRST CAUSE OF ACTION
1. That at all tirnes hereinafter alleged the defendant, THIRD AVENUE TOWER
OWNER, LLC, was a dornestic corporation organized and existing under and by virtue of the
laws of the State of New York.
2. That at alltimes 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 belief, the
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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12. That at all times 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.
14. 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. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, G&S CONCEPTS, INC., conducted business in the State of New York.
17. That at all times hereinafter alleged, and upon information and belief, the
defendant, G&S CONCEPTS, INC., LLC., derived and continues to derive substantial revenues
from the State of New York.
18. That at all times hereinafter alleged the defendant, CLUNE CONSTRUCTION
COMPANY, LP., was a domestic corporation organized and existing under and by virtue of the
laws of the State of New York.
19. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMi)ANY, L.P., was a foreign corporation authorized
to do business under and by virtue of the laws of the State of New York.
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26. That at all times hereinafter alleged, and upon inforrnation and belief, prior to
February 10, 2016, the defendañt, THIRD AVENUE TOWER OWNER, LLC, 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.
27. That at alltimes hereinafter alleged, and upon information 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 prernises
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, LLC, was performing 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.
29. That on February 10, 2016, and upon information and belief, the defendant,
THIRD AVENUE TOWER OWNER, LLC, was the general contractor at the building and
premises located at 600 Third Avenue, in the County of New York, City and State of New York.
30. That on February 10, 2016, and upon information 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 February 10, 2016, and upon information and belief, the defendant,
THIRD AVENUE TOWER OWNER, LLC, was a contractor at the building and premises located
at 600 Third Avenue, in the County of New York, and State of New York.
City
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37. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, POLSINELLI PC, was a tenant of the building and premises
located at 600 Third Avenue, in the County of New York, City and State of New York.
38. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, POLSINELLI 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, POLSlNELLI PC, managed the building and 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, POLSINELLI PC, maintained the building and premises
located at 600 Third Avenue, in the County of New York, City and State of New York.
41. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, POLSINELLI PC, supervised the building and prernises
located at 600 Third Avenue, in the County of New York, City and State of New York.
42. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, POLSINELLI 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 all times 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 and
building
premises located at 600 Third Avenue, in the County of New York, City and State of New York.
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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 hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, POLSINELLI PC, was responsible for the site safety of 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.
52. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, POLSINELLI 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 of New York, City and State
of New York.
54. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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 of New York, and State
County City
of New York.
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61. That on February 10, 2016, and upon information and belief, the defendant,
CLUNE CONSTRUCTION COMPANY, L.P., was the general contractor at the building and
prernises located at 600 Third Avenue, in the County of New York, City and State of New York.
62. That on February 10, 2016, and upon information and belief, the defendant,
CLUNE CONSTRUCTION COMPANY, L.P., was the project manager at the building and
premises located at 600 Third Avenue, in the County of New York, City and State ofNew York.
63. That on and upon information and belief, the defendant
February 10, 2016,
CLUNE CONSTRUCTION COMPANY, L,P., 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.
64. That at all times hereinafter alleged, and upon information and belief, the
defendant, CLUNE CONSTRUCTION COMPANY, L.P., was performing certain work, labor
and/or services at the aforesaid location and directed, supervised and controlled all of 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.
65. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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.
66. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was responsible
for the site safety of the work, labor and/or services performed in and about the
being building
and premises located at 600 Third Avenue, in the of New York, and State of New
County City
York.
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and premises located at 600 Third Avenue, in the County of New York, City and State of New
York.
73. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, CONCEPTS FOR BUSINESS, LLC, supervised the building
and premises located at 600 Third Avenue, in the County of New York, City and State of New
York.
74. That at alltimes hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, CONCEPTS FOR BUSINESS, LLC, controlled the build ing
and premises located at 600 Third Avenue, in the County of New York, City and State of New
York.
75. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, CONCEPTS FOR BUSINESS, LLC, 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.
76. That at all times hereinatler alleged, and upon information and belief, prior to
February I0, 2016, the defendant, CONCEPTS FOR BUSINESS, 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.
77. That on February 10, 2016, and upon information and belief, the defendant,
CONCEPTS FOR BUSINESS, LLC, was performing certain work, labor and/or services at the
building and premises located at 600 Third Avenue, in the of New York, and State
County City
of New York.
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84. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, CONCEPTS FOR BUSINESS, 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.
85. That at alltimes hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, G&S CONCEPTS, INC., owned the building and premises
located at 600 Third Avenue, in the County of New York, City and State of New York.
86. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, G&S CONCEPTS, INC., was a tenant of the building and
premises located at 600 Third Avenue, in the County of New York, City and State of New York.
87. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, G&S CONCEPTS, INC., 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.
88. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, G&S CONCEPTS, INC, managed the building and premises
located at 600 Third Avenue, in the County of New York, City and State of New York.
89. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, G&S CONCEPTS, INC, maintained the building and premises
located at 600 Third Avenue, in the County of New York, City and State of New York.
90. That at alltimes hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, G&S CONCEPTS, INC, supervised the building and premises
located at 600 Third Avenue, in the County of New York, and State of New York.
City
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98. That at all times hereinafter alleged, and upon information and belief, the
defendant, G&S CONCEPTS, INC, was performing certain work, labor and/or services at the
aforesaid location and directed, supervised and controlled all of 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.
99. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, G&S CONCEPTS, INC, 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.
100. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, G&S CONCEPTS, INC, was responsible for the site safety of
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.
101. That at all times hereinafter alleged, and upon information and belief, prior to
February 10, 2016, the defendant, G&S CONCEPTS, INC, 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.
102. That on February 10, 2016, the plaintiff, ANTHONY MAGNI, was on, at or
about the aforesaid building and premises as a worker.
103, That on February 10, 2016, while the plaintiff, ANTHONY MAGNI, was on the
40"'
Floor of the aforesaid building and premises located at 600 Third Avenue, in the County of
New York, City and State of New York, he was caused to be injured by a falling object.
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continue to suffer for sorne time physical pain and injuries and became larne
bodily sick, sore,
and disabled and so remained for a considerable length of time.
109. That by reason of the foregoing, the plaintiff, ANTHONY MAGN1, was
compelled to and did necessarily require medical aid and attention, and did necessarily pay and
become liable therefore for medicines and upon information and belief, the plaintiff, ANTHONY
MAGN1, will necessarily incur similar expenses.
110. That by reason of the foregoing, the plaintiff, ANTHONY MAGNI, has been
unable to attend to his usual occupation in the manner required, sustaining loss of wages and will
suffer loss of earnings in the future.
111. One or more of the exceptions of §l602 of the Civil Practice Law and Rules
applies to the within action.
112. That as a result of the foregoing, the plaintiff, ANTHONY MAGNL has been
darnaged in a sum that exceeds the jurisdictional limits of all lower courts.
AS AND FOR A SECOND CAUSE OF ACTION
113. Plaintiff, ANTHONY MAGN1, repeats and realleges each and every allegation
contained in paragraphs 1 through 68 inclusive, with the same force and effect as though more
fully set forth at length herein.
114. That the defendants failed to provide plaintiff with a safe place to work.
115. That the defendants failed to provide plaintiff with safety devices and/or
equipment that would have provided the plaintiff protection from a height-related risk.
116. That the defendants violated §§200, 240(1) and 241(6) of the New York State
Labor Law.
117. That the defendants violated the Industrial Code of the State ofNew York.
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VERIFICATION
STATE OF NEW YORK )
)ss.:
COUNTY OF NASSAU )
ANTHONY MAGNI, being duly sworn, deposes and says:
That I am the plaintiff in this action, that I have read the Amended Complaint and
know the contents to be true to the best of my own knowledge, except for those matters
alleged to be on information and belief, and as to those matters, I believe their to be true.
ANTHONY MAGN
.
Sworn to before me this
loBday of March, 2017
NÔTARY P1J IC
KARENC. JACKSOE
Nowy Pub6c,State01NewYo*·
No.01JA49.88666
QualifiedinNassaucer
00mftilSSl011ExpiresNov.12.20.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ANTHONY MAGNI, VERIFIED ANSWER
TO AMENDED COMPLAINT
Plaintiff, WITH CROSS CLAIMS
-against-
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THIRD AVENUE TOWER OWNER, LLC, POLSINELLI, TP Index No.: 595198/17E
P.C., CLUNE CONSTRUCTION COMPANY, L.P.,
CONCEPTS FOR BUSINESS, LLC.,
and G&S CONCEPTS, INC.
Defendants.
______._____--______..___.-----.----------------------X
POLSINELLI, P.C.,
Third-Party Plaintiff,
-against-
CONCEPTS FOR BUSINESS, LLC and
G&S CONCEPTS, INC.,
Third-Party Defendants.
____-______ ---------..--------------.--------X
C O U N S E L O R S :
The Defendant, CONCEPTS FOR BUSINESS, LLC by itsattorneys LAW OFFICES OF
, TOBIAS & KUHN, ruswering the plaintitFs amended complaint her in, respectfully alleges
pon information and belief, as follows:
L The defendant denies knowledge or information thereof sufficient to form a belief
as to the allegations contained in the paragraphs designated "1", "2", "3", "4", "5", "12", "13",
"14", "15", "16", "17", "18", "19", "20", "21", "22", "23", "24", "25", "26", "27", "28",
"29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43",
"44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54", "55", "56", 57", "58",
"59", "60", "61", "62", "63", "64", "65", "66", "67", "68", "69", "85", "86", "87", "88",
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"101" "102"
"89", "90", "91", "92", "93", "94", "95", '96", "97", "98", "99", "100", and of
the verified complaint.
2. The defendant denies each and every allegation contained in the paragraphs
designated "6", "8", "9", "70", "81", "82", "83", "84", "104", "105", "106", "107", "108",
"110" "1E2"
"109", and of the verified complaint.
3. The defendant denics each and every allegation contained in the paragraphs
designated "7", "10", "11", "71", "72", "73", "74", "75", "76", "77", "785, "79", "80",
"111"
"103", and of the verified complaint and refers all questions of law to the Honorable
Court,
AS AND FOR A SECOND CAUSE OF ACTION
response "113"
4. In to the paragraph designated the defendant repeats, reiterates
"1"
and realleges each and every response to the allegations of the paragraphs designated to
"112"
of the complaint with the same force and effect as if set forth at length herein.
5. The defendant denies each and every allegation contained in the paragraphs
"117" "118"
designated "114", '115", "116", and of the verified complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
Upon information and belief, that the actions of the plaintiff had certain risks attendant
thereto, which were obvious and well known to the plaintiff at alltimes, and those risks were
assunted by the plaintifE and whatver injuries and damages the plaintiff received, and which are
complained of by the plaintiff herein, arose from and were causal by those risks thus assumed by
the plaintiff.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
Upon information and belief, any past or future costs or expenses incurred or to be
incurred by the plaintiff for medical care, dental care, custodial care or rehabilitative services,
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loss of earnings or other economic loss, have been or will with reasonable be replaced
certainty
or inclemnified in whole or in part from a collateral source as defined in CPLR of the
4545(c)
New York Civil Practice Law and Rules.
If any damages are recovêrable against the answering Defcndant, the amount of such
dainages shall be diminished by the amount of the funds received by the plaintiff from such
collateral sources.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
Upon information and belief, any injuries or damages allegedly sustained by the plaintiff
were caused or contributed to in whole or in part by the plaintifFs own culpable conduct,
carelessness, recklessness and negligence, and if any judgment is recovered against the
Defendant, said judgment should be apportioned and reduced by the percentage of the plaintiff's
culpable conduct and negligence contributing thereto.
AS AND FOR A FOURTH AFF1RMATIVE DEFENSE
Upon information and belief, any injuries or damages allegedly sustained by the plaintiff
were caused or contributed to in whole or in part by the actions carelessness, recklessness or
negligence of non-parties, and if any judgment is recovered against the Defendant, said judgment
should be apportioned and reduced by the percentage of the non-parties conduct and negligence
contributing thereto.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
Upon information and belief, the Defendant asserts that this case falls within the limited
liability provisions of CPLR 1601 of the Civil Practice Law and Rules, and that the liability of
the Defendant, ifany, shall be limited to itsequitable share of the total liability.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
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Upon information and belief, it isalleged that the damages sustained by the plaintiff were
. the result of the culpable conduct of the co-defendants. The cross-claiming Defendant begs
leave to refer to the plaintiff's complaint at the time of trial.
If the plaintiff was caused to sustain damages alleged in the complaint, said damages will
have been sustained by reason of the culpable conduct of the adverse Defendant.
That if the answering cross-claiming Defendants are found culpable, then the answering
Defendant will be entitled to contribution or indemnification, in whole or in part, from the
culpable parties named in this claim over, for the proportion of the daniages suffered by the
plaintiff, which were caused by the culpable parties named in this claim over, together with all
attorney's fees, costs and disbursements.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
Upon information and belief, any injuries or damages allegedly sustained by the failure of
the plaintiff to mitigate said injuries or damages, and if any judgment is recovered against the
Defendant, said judgment should be apportioned and reduced by the percentage of the failure by
the plaintiff to mitigate said injuries or damages.
AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
Upon information and belief, that the plaintiff's complaint fails to state a cause of action.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
Upon information and belief, if theplaintiff metained the injuries alleged in its
complaint, then such injuries were not the result of the defendant's action or inaction,
answering
but rather were the result of intervening and/or acts or occurrences over which the
superseding
answering Defendant did not have control.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
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Upon information and belief, that this Honorable Court does not have jurisdiction over
the person of the answering Defendant since service was never properly effected.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
Upon information and belief, that the Court has failed to acquire personal jurisdiction of
the Defendant herein.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
Upon information and belief, that the Court does not have jurisdiction over the subje
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FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 EXHIBIT G FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF SCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 DOd . NO. 84 RECEIVE D NY SCEF: 06/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------X Index No.: 155570/2016 ANTHONY MAGNI, Plaintiff, VERIFIED AMENDED COMPLAINT -against- THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC, CLUNE CONSTRUCTION COMPANY, L.P., CONCEPTS FOR BUSINESS, LLC., and G&S CONCEPTS, INC. Defendants ----------------------- --------------------------------X Plaintiff, by his attorneys, SACKSTEIN, SACKSTE1N & LEE, LLP, cornplaining of the defendants herein, respectfully shows to this court and alleges as follow upon inforrnation and belief: AS AND FOR A FIRST CAUSE OF ACTION 1. That at all tirnes hereinafter alleged the defendant, THIRD AVENUE TOWER OWNER, LLC, was a dornestic corporation organized and existing under and by virtue of the laws of the State of New York. 2. That at alltimes 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 belief, the 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. FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 fSCEF DO C . NO. 84 RECE IVED NYSCE F: 06/01/2018 12. That at all times 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. 14. 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. That at alltimes hereinafter alleged, and upon information and belief, the defendant, G&S CONCEPTS, INC., conducted business in the State of New York. 17. That at all times hereinafter alleged, and upon information and belief, the defendant, G&S CONCEPTS, INC., LLC., derived and continues to derive substantial revenues from the State of New York. 18. That at all times hereinafter alleged the defendant, CLUNE CONSTRUCTION COMPANY, LP., was a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 19. That at alltimes hereinafter alleged, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMi)ANY, L.P., was a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 SCEF DOC. NO.'84 RECEIVED NYSCEF: 06/01/2018 26. That at all times hereinafter alleged, and upon inforrnation and belief, prior to February 10, 2016, the defendañt, THIRD AVENUE TOWER OWNER, LLC, 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. 27. That at alltimes hereinafter alleged, and upon information 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 prernises 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, LLC, was performing 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. 29. That on February 10, 2016, and upon information and belief, the defendant, THIRD AVENUE TOWER OWNER, LLC, was the general contractor at the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 30. That on February 10, 2016, and upon information 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 February 10, 2016, and upon information and belief, the defendant, THIRD AVENUE TOWER OWNER, LLC, was a contractor at the building and premises located at 600 Third Avenue, in the County of New York, and State of New York. City FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 SCEF DOC. NO. 84 RECEIVED NYSCÓF: 06/01/2018 37. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, was a tenant of the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 38. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI 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, POLSlNELLI PC, managed the building and 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, POLSINELLI PC, maintained the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 41. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, supervised the building and prernises located at 600 Third Avenue, in the County of New York, City and State of New York. 42. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI 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 all times 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 and building premises located at 600 Third Avenue, in the County of New York, City and State of New York. FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 TSCEF DOC. NO. 84 RECEIVED NYSCEF: 06/01/2018 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 hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI PC, was responsible for the site safety of 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. 52. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, POLSINELLI 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 of New York, City and State of New York. 54. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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 of New York, and State County City of New York. FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 {SCEF DOC. NO. 84 RECEIVED NYSCEF: 06/01/2018 61. That on February 10, 2016, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was the general contractor at the building and prernises located at 600 Third Avenue, in the County of New York, City and State of New York. 62. That on February 10, 2016, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was the project manager at the building and premises located at 600 Third Avenue, in the County of New York, City and State ofNew York. 63. That on and upon information and belief, the defendant February 10, 2016, CLUNE CONSTRUCTION COMPANY, L,P., 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. 64. That at all times hereinafter alleged, and upon information and belief, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was performing certain work, labor and/or services at the aforesaid location and directed, supervised and controlled all of 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. 65. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., 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. 66. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CLUNE CONSTRUCTION COMPANY, L.P., was responsible for the site safety of the work, labor and/or services performed in and about the being building and premises located at 600 Third Avenue, in the of New York, and State of New County City York. FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO.' NO. 100 RECEIVED NYSCEF: 10/26/2018 fSCEF DOC. 84 RECEIVED NYSCEF: 06/01/2018 and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 73. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CONCEPTS FOR BUSINESS, LLC, supervised the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 74. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CONCEPTS FOR BUSINESS, LLC, controlled the build ing and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 75. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CONCEPTS FOR BUSINESS, LLC, 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. 76. That at all times hereinatler alleged, and upon information and belief, prior to February I0, 2016, the defendant, CONCEPTS FOR BUSINESS, 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. 77. That on February 10, 2016, and upon information and belief, the defendant, CONCEPTS FOR BUSINESS, LLC, was performing certain work, labor and/or services at the building and premises located at 600 Third Avenue, in the of New York, and State County City of New York. FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 {SCEF DÖC. NO f 84 RECEIVED NYSCEF: 06/01/2018 84. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, CONCEPTS FOR BUSINESS, 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. 85. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, G&S CONCEPTS, INC., owned the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 86. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, G&S CONCEPTS, INC., was a tenant of the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 87. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, G&S CONCEPTS, INC., 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. 88. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, G&S CONCEPTS, INC, managed the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 89. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, G&S CONCEPTS, INC, maintained the building and premises located at 600 Third Avenue, in the County of New York, City and State of New York. 90. That at alltimes hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, G&S CONCEPTS, INC, supervised the building and premises located at 600 Third Avenue, in the County of New York, and State of New York. City FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 (SCEF DOC. NO 84 RECEIVED NYSCEF: O 6/01/2018 98. That at all times hereinafter alleged, and upon information and belief, the defendant, G&S CONCEPTS, INC, was performing certain work, labor and/or services at the aforesaid location and directed, supervised and controlled all of 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. 99. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, G&S CONCEPTS, INC, 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. 100. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, G&S CONCEPTS, INC, was responsible for the site safety of 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. 101. That at all times hereinafter alleged, and upon information and belief, prior to February 10, 2016, the defendant, G&S CONCEPTS, INC, 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. 102. That on February 10, 2016, the plaintiff, ANTHONY MAGNI, was on, at or about the aforesaid building and premises as a worker. 103, That on February 10, 2016, while the plaintiff, ANTHONY MAGNI, was on the 40"' Floor of the aforesaid building and premises located at 600 Third Avenue, in the County of New York, City and State of New York, he was caused to be injured by a falling object. FILED: NEW...,..._YORK--,........ COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 ...--- . ..-... ,..-- -- NYSCEF DOC. NO. 100 -,.., ...., .......- . - - ...-. RECEIVED NYSCEF: 10/26/2018 (SCEF DOC. NO. 84 RECEIVED NYSCEF: 06/01/2018 continue to suffer for sorne time physical pain and injuries and became larne bodily sick, sore, and disabled and so remained for a considerable length of time. 109. That by reason of the foregoing, the plaintiff, ANTHONY MAGN1, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liable therefore for medicines and upon information and belief, the plaintiff, ANTHONY MAGN1, will necessarily incur similar expenses. 110. That by reason of the foregoing, the plaintiff, ANTHONY MAGNI, has been unable to attend to his usual occupation in the manner required, sustaining loss of wages and will suffer loss of earnings in the future. 111. One or more of the exceptions of §l602 of the Civil Practice Law and Rules applies to the within action. 112. That as a result of the foregoing, the plaintiff, ANTHONY MAGNL has been darnaged in a sum that exceeds the jurisdictional limits of all lower courts. AS AND FOR A SECOND CAUSE OF ACTION 113. Plaintiff, ANTHONY MAGN1, repeats and realleges each and every allegation contained in paragraphs 1 through 68 inclusive, with the same force and effect as though more fully set forth at length herein. 114. That the defendants failed to provide plaintiff with a safe place to work. 115. That the defendants failed to provide plaintiff with safety devices and/or equipment that would have provided the plaintiff protection from a height-related risk. 116. That the defendants violated §§200, 240(1) and 241(6) of the New York State Labor Law. 117. That the defendants violated the Industrial Code of the State ofNew York. FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 Y SCE F DO C . NO. 84 RE CE IVED NY S CEF: 06/01/2018 VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NASSAU ) ANTHONY MAGNI, being duly sworn, deposes and says: That I am the plaintiff in this action, that I have read the Amended Complaint and know the contents to be true to the best of my own knowledge, except for those matters alleged to be on information and belief, and as to those matters, I believe their to be true. ANTHONY MAGN . Sworn to before me this loBday of March, 2017 NÔTARY P1J IC KARENC. JACKSOE Nowy Pub6c,State01NewYo*· No.01JA49.88666 QualifiedinNassaucer 00mftilSSl011ExpiresNov.12.20. FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF (YSCEF DOC. DOC. NO. NO. 8 8 100 RECEIVEDNYSCEF: RECEIVED NYSCEF: 08/27/2018 10/26/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----- __ _...____..--- _____.-..-- _..----- __--- ........... -.......-------,-X ANTHONY MAGNI, VERIFIED ANSWER TO AMENDED COMPLAINT Plaintiff, WITH CROSS CLAIMS -against- Index No: Index No.: 155570/16E THIRD AVENUE TOWER OWNER, LLC, POLSINELLI, TP Index No.: 595198/17E P.C., CLUNE CONSTRUCTION COMPANY, L.P., CONCEPTS FOR BUSINESS, LLC., and G&S CONCEPTS, INC. Defendants. ______._____--______..___.-----.----------------------X POLSINELLI, P.C., Third-Party Plaintiff, -against- CONCEPTS FOR BUSINESS, LLC and G&S CONCEPTS, INC., Third-Party Defendants. ____-______ ---------..--------------.--------X C O U N S E L O R S : The Defendant, CONCEPTS FOR BUSINESS, LLC by itsattorneys LAW OFFICES OF , TOBIAS & KUHN, ruswering the plaintitFs amended complaint her in, respectfully alleges pon information and belief, as follows: L The defendant denies knowledge or information thereof sufficient to form a belief as to the allegations contained in the paragraphs designated "1", "2", "3", "4", "5", "12", "13", "14", "15", "16", "17", "18", "19", "20", "21", "22", "23", "24", "25", "26", "27", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43", "44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54", "55", "56", 57", "58", "59", "60", "61", "62", "63", "64", "65", "66", "67", "68", "69", "85", "86", "87", "88", FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/27/2018 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/26/2018 "101" "102" "89", "90", "91", "92", "93", "94", "95", '96", "97", "98", "99", "100", and of the verified complaint. 2. The defendant denies each and every allegation contained in the paragraphs designated "6", "8", "9", "70", "81", "82", "83", "84", "104", "105", "106", "107", "108", "110" "1E2" "109", and of the verified complaint. 3. The defendant denics each and every allegation contained in the paragraphs designated "7", "10", "11", "71", "72", "73", "74", "75", "76", "77", "785, "79", "80", "111" "103", and of the verified complaint and refers all questions of law to the Honorable Court, AS AND FOR A SECOND CAUSE OF ACTION response "113" 4. In to the paragraph designated the defendant repeats, reiterates "1" and realleges each and every response to the allegations of the paragraphs designated to "112" of the complaint with the same force and effect as if set forth at length herein. 5. The defendant denies each and every allegation contained in the paragraphs "117" "118" designated "114", '115", "116", and of the verified complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE Upon information and belief, that the actions of the plaintiff had certain risks attendant thereto, which were obvious and well known to the plaintiff at alltimes, and those risks were assunted by the plaintifE and whatver injuries and damages the plaintiff received, and which are complained of by the plaintiff herein, arose from and were causal by those risks thus assumed by the plaintiff. AS AND FOR A SECOND AFFIRMATIVE DEFENSE Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitative services, FILED: INDEX NO. 155570/2016 ....- . .......NEW---.YORK-....... COUNTY...-...-- CLERK,, 10/26/2018 -, - , - -.... ......03:58 .- . PM , .-., NYSCEF IYSCEF DOC. DoC. NO.NO.88 100 RECEIVEDNYSCEF: RECEIVED NYSCEF: 08/27/2018 10/26/2018 loss of earnings or other economic loss, have been or will with reasonable be replaced certainty or inclemnified in whole or in part from a collateral source as defined in CPLR of the 4545(c) New York Civil Practice Law and Rules. If any damages are recovêrable against the answering Defcndant, the amount of such dainages shall be diminished by the amount of the funds received by the plaintiff from such collateral sources. AS AND FOR A THIRD AFFIRMATIVE DEFENSE Upon information and belief, any injuries or damages allegedly sustained by the plaintiff were caused or contributed to in whole or in part by the plaintifFs own culpable conduct, carelessness, recklessness and negligence, and if any judgment is recovered against the Defendant, said judgment should be apportioned and reduced by the percentage of the plaintiff's culpable conduct and negligence contributing thereto. AS AND FOR A FOURTH AFF1RMATIVE DEFENSE Upon information and belief, any injuries or damages allegedly sustained by the plaintiff were caused or contributed to in whole or in part by the actions carelessness, recklessness or negligence of non-parties, and if any judgment is recovered against the Defendant, said judgment should be apportioned and reduced by the percentage of the non-parties conduct and negligence contributing thereto. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE Upon information and belief, the Defendant asserts that this case falls within the limited liability provisions of CPLR 1601 of the Civil Practice Law and Rules, and that the liability of the Defendant, ifany, shall be limited to itsequitable share of the total liability. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 RECEIVED NYSCEF: 08/27/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 88 100 RECEIVED NYSCEF: 10/26/2018 Upon information and belief, it isalleged that the damages sustained by the plaintiff were . the result of the culpable conduct of the co-defendants. The cross-claiming Defendant begs leave to refer to the plaintiff's complaint at the time of trial. If the plaintiff was caused to sustain damages alleged in the complaint, said damages will have been sustained by reason of the culpable conduct of the adverse Defendant. That if the answering cross-claiming Defendants are found culpable, then the answering Defendant will be entitled to contribution or indemnification, in whole or in part, from the culpable parties named in this claim over, for the proportion of the daniages suffered by the plaintiff, which were caused by the culpable parties named in this claim over, together with all attorney's fees, costs and disbursements. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE Upon information and belief, any injuries or damages allegedly sustained by the failure of the plaintiff to mitigate said injuries or damages, and if any judgment is recovered against the Defendant, said judgment should be apportioned and reduced by the percentage of the failure by the plaintiff to mitigate said injuries or damages. AND FOR AN EIGHTH AFFIRMATIVE DEFENSE Upon information and belief, that the plaintiff's complaint fails to state a cause of action. AS AND FOR A NINTH AFFIRMATIVE DEFENSE Upon information and belief, if theplaintiff metained the injuries alleged in its complaint, then such injuries were not the result of the defendant's action or inaction, answering but rather were the result of intervening and/or acts or occurrences over which the superseding answering Defendant did not have control. AS AND FOR A TENTH AFFIRMATIVE DEFENSE FILED: NEW YORK COUNTY CLERK 10/26/2018 03:58 PM INDEX NO. 155570/2016 NYSCEF YSCEF DOC. DOC. NO.NO.88 100 RECEIVEDNYSCEF: RECEIVED NYSCEF: 08/27/2018 10/26/2018 Upon information and belief, that this Honorable Court does not have jurisdiction over the person of the answering Defendant since service was never properly effected. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE Upon information and belief, that the Court has failed to acquire personal jurisdiction of the Defendant herein. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE Upon information and belief, that the Court does not have jurisdiction over the subje