Preview
FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/03/2018
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FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018
RECEIVED NYSCEF: 05/21/201
NYSCEF
YSCEE DOC.
DOC. NO.
HO. 22
10 RECEIVED NYSCEF: 08/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
DARRYL NOWAK, IrLdem No, 154000/2018
Plaintiff,
VERIFIED THIRD PAR
-against-
COMPLAINT
SEA WOLF MARINE TRANSPORTATION, LLC
and WITTICH BROTHERS Y&i INC.,
RENE,
Defendants.
X
SEA WOLF MARINE TRANSPORTATION, LLC
and WITTICH BROTHERS MARINE, INC., Third-Paxody
Index No.
Third-Party Plaintiffs
-aga'nst-
WEEKS MARINE, INC.,
Third Par Defendan+ .
X
Defendants/Third-Party Plaintiffs, SEA. WOLF MARINE
TRANSPORTATION, LLC and WITTICH BROS. MARINE, INC. s/h/a WITTICH
BROTHERS MARINE, INC. (collectively "Third-Party Plaintiffs"} by
their attorneys Mahoney 6 Keane, LLP, as and for a Third-Party
Complaint against Third-Party Defendant, WEEKS MARINE, INC.
(" WEEKS"
), allege, without waiver of any jurisdictional defenses or
rights to proceed in alternate fora, upon information and belief as
follows:
I. Plaintiff, DARRYL NOWAK ("NOWAK"}, ha,s served a Summons
and Verified Complaint, a true copy o which 's attached hereto as
"A"
Exh3.'D1t
FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018
RECE1VED NYSCEF: 05/21/201
YSCEF
NYSCEF DOCs
DOC. NO.
NO. 10
22 RECEIVED NYSCEF: 08/03/2018
2. In response to NOWAK's Verified Complaint, Third-Party
Plaintiffs served a Verified Answer, a true copy of which is attached
hereto as Exhibit "B".
3. At all pertinent times, Third-Party Plaintiffs were and
are business entities duly organized and existing under and by
virtue of the laws of New York.
4. At all pertinent times, WEEKS was and is a business entity
-organized and existing under and by virtue of the laws of one of
the states of the United States with an office and place of business
located at 4 Commerce Drive, Cranford, New Jersey 07016.
5. At the time of the occurrence alleged in NOWAK's Verified
Complaint, NOWAK was employed by, or otherwise under the
supervision, direction, and control of, WEEKS.
6. At the time of the occurrence alleged in NOWAK's Verified
Complaint, Barge 42223 was owned, operated, or controlled by WEEKS.
7. At the time of the occurrence alleged in NOWAK's Verified
Complaint, Third-Party Plaintiff and WEEKS were parties to a Master
Service Agreement dated September 9, 2016.
8. If NOWAK suffered any loss and/or damage, which is denied,
the loss and/or damage was caused solely by the negligence, breach
ox'
of contract (express or implied) breach of warranty (express or
implied) and/or the fault of the WEEKS.
2
tI C '7
FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018
YSCEF DOC. No. 10 RECEIVED NYSCEF: 05/21/201
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/03/2018
9. If NOWAK sustained injuries and damages in the manner and
at the time and place alleged, and if it is found that Third-Party
Plaintiffs are liable to NOWAK herein, then upon said allegations
of the Verified Complaint and upon the pleadings and evidence, said
damages were sustained by reason of the sole, active, and primary
carelessness and/or recklessness and/or negligence and/or
affirmative acts or omissions and/or breach of contract and/or
breach of warranty and/or strict liability of WEEKS, and Third-Party
Plaintiffs are entitled to complete indemnification from any
judgment for NOWAK over and against WEEKS for all or part of any
verdict or judgment that NOWAK may recover against Third-Party
Plaintiff, and/or in the event that judgment over is not recovered
on the basis of full indemnification, then Third-Party Plaintiffs
demand judgment over and against WEEKS on the basis of an
apportionment of responsibility for the alleged occurrence for all
or part of any judgment or verdict that NOWAK may recover against
Third-Party Plaintiffs, together with costs, disbursements, and
attorneys'
reasonable fees,
3
"I
FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018
RECEIVED NYSCEF: 05/21/201
NYSCEF
YSCEF DOC.
DOC. NO.
NO. 22
10 RECEIVED NYSCEF: 08/03/2018
WHEREFORE, Third-Party Plaintiffs demands judgment against
WEEKS for all sums which be recovered NOWAK against Third-
may by
Party Plaintiffs, including costs, fees, including reasonable
attorneys'
fees and disbursements of this action and for such other
and further relief as the Court may deem just and proper.
Dated: New York, New York
May 21, 2018
Yours, et cetera,
MAHONEY & KEANE, LLP
Attorneys for Defendants
SEA WOLF MARINE TRANSPORTATION,
LLC and WITTICH BROS. MARINE,
INC. s/h/a WITTICH BROTHERS
MARINE, INC.
By;
E war an.e
Garth S. Wolfson
61 Broadway, Suite 905
New York, New York 10005
(212) 385-1422
FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018
YSCEF DOC. NO. 10 RECE1VED NYSOEF: 05/21/201
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/03/2018
VERIFICATION
STATE OF NEW YORK :
) SS.:
COUNTY OF NEW YORK :
Garth S. Wolfson, an attorney-at-law duly admitted to practice
before the courts of the State of New York, hereby affirms, upon
information and belief and under penalty of perjury, as follows:
I am a partner with the firm of Mahoney & Keane, LLP, attorneys
for Defendants SEA WOLF MARINE TRANSPORTATION, LLC and WITTICH BROS.
MARINE, INC. s/h/a WITTICH BROTHERS MARINE, INC.
I have read the foregoing Verified Third-Party Complaint and
know the contents thereof to be true except as to matters therein
stated to be alleged upon information and belief, and as to those
matters your affirmant believes them to be true.
The reason this verification is made by your affirmant and not
by Defendants is that Defendants are not within this County.
The source of your affirmant's information and the grounds of
your affirmant's belief are documents and records in your
affrimant's possession and reports and communications obtained by
your affirmant.
Dated: New York, New York
May 21, 2018 j
Garth S. Wolfson
5
'7j O'
C '7
Preview
FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/03/2018 †FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018 RECEIVED NYSCEF: 05/21/201 NYSCEF YSCEE DOC. DOC. NO. HO. 22 10 RECEIVED NYSCEF: 08/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X DARRYL NOWAK, IrLdem No, 154000/2018 Plaintiff, VERIFIED THIRD PAR -against- COMPLAINT SEA WOLF MARINE TRANSPORTATION, LLC and WITTICH BROTHERS Y&i INC., RENE, Defendants. X SEA WOLF MARINE TRANSPORTATION, LLC and WITTICH BROTHERS MARINE, INC., Third-Paxody Index No. Third-Party Plaintiffs -aga'nst- WEEKS MARINE, INC., Third Par Defendan+ . X Defendants/Third-Party Plaintiffs, SEA. WOLF MARINE TRANSPORTATION, LLC and WITTICH BROS. MARINE, INC. s/h/a WITTICH BROTHERS MARINE, INC. (collectively "Third-Party Plaintiffs"} by their attorneys Mahoney 6 Keane, LLP, as and for a Third-Party Complaint against Third-Party Defendant, WEEKS MARINE, INC. (" WEEKS" ), allege, without waiver of any jurisdictional defenses or rights to proceed in alternate fora, upon information and belief as follows: I. Plaintiff, DARRYL NOWAK ("NOWAK"}, ha,s served a Summons and Verified Complaint, a true copy o which 's attached hereto as "A" Exh3.'D1t FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018 RECE1VED NYSCEF: 05/21/201 YSCEF NYSCEF DOCs DOC. NO. NO. 10 22 RECEIVED NYSCEF: 08/03/2018 2. In response to NOWAK's Verified Complaint, Third-Party Plaintiffs served a Verified Answer, a true copy of which is attached hereto as Exhibit "B". 3. At all pertinent times, Third-Party Plaintiffs were and are business entities duly organized and existing under and by virtue of the laws of New York. 4. At all pertinent times, WEEKS was and is a business entity -organized and existing under and by virtue of the laws of one of the states of the United States with an office and place of business located at 4 Commerce Drive, Cranford, New Jersey 07016. 5. At the time of the occurrence alleged in NOWAK's Verified Complaint, NOWAK was employed by, or otherwise under the supervision, direction, and control of, WEEKS. 6. At the time of the occurrence alleged in NOWAK's Verified Complaint, Barge 42223 was owned, operated, or controlled by WEEKS. 7. At the time of the occurrence alleged in NOWAK's Verified Complaint, Third-Party Plaintiff and WEEKS were parties to a Master Service Agreement dated September 9, 2016. 8. If NOWAK suffered any loss and/or damage, which is denied, the loss and/or damage was caused solely by the negligence, breach ox' of contract (express or implied) breach of warranty (express or implied) and/or the fault of the WEEKS. 2 tI C '7 FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018 YSCEF DOC. No. 10 RECEIVED NYSCEF: 05/21/201 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/03/2018 9. If NOWAK sustained injuries and damages in the manner and at the time and place alleged, and if it is found that Third-Party Plaintiffs are liable to NOWAK herein, then upon said allegations of the Verified Complaint and upon the pleadings and evidence, said damages were sustained by reason of the sole, active, and primary carelessness and/or recklessness and/or negligence and/or affirmative acts or omissions and/or breach of contract and/or breach of warranty and/or strict liability of WEEKS, and Third-Party Plaintiffs are entitled to complete indemnification from any judgment for NOWAK over and against WEEKS for all or part of any verdict or judgment that NOWAK may recover against Third-Party Plaintiff, and/or in the event that judgment over is not recovered on the basis of full indemnification, then Third-Party Plaintiffs demand judgment over and against WEEKS on the basis of an apportionment of responsibility for the alleged occurrence for all or part of any judgment or verdict that NOWAK may recover against Third-Party Plaintiffs, together with costs, disbursements, and attorneys' reasonable fees, 3 "I FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018 RECEIVED NYSCEF: 05/21/201 NYSCEF YSCEF DOC. DOC. NO. NO. 22 10 RECEIVED NYSCEF: 08/03/2018 WHEREFORE, Third-Party Plaintiffs demands judgment against WEEKS for all sums which be recovered NOWAK against Third- may by Party Plaintiffs, including costs, fees, including reasonable attorneys' fees and disbursements of this action and for such other and further relief as the Court may deem just and proper. Dated: New York, New York May 21, 2018 Yours, et cetera, MAHONEY & KEANE, LLP Attorneys for Defendants SEA WOLF MARINE TRANSPORTATION, LLC and WITTICH BROS. MARINE, INC. s/h/a WITTICH BROTHERS MARINE, INC. By; E war an.e Garth S. Wolfson 61 Broadway, Suite 905 New York, New York 10005 (212) 385-1422 FILED: NEW YORK COUNTY CLERK 08/03/2018 05:02 PM INDEX NO. 154000/2018 YSCEF DOC. NO. 10 RECE1VED NYSOEF: 05/21/201 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/03/2018 VERIFICATION STATE OF NEW YORK : ) SS.: COUNTY OF NEW YORK : Garth S. Wolfson, an attorney-at-law duly admitted to practice before the courts of the State of New York, hereby affirms, upon information and belief and under penalty of perjury, as follows: I am a partner with the firm of Mahoney & Keane, LLP, attorneys for Defendants SEA WOLF MARINE TRANSPORTATION, LLC and WITTICH BROS. MARINE, INC. s/h/a WITTICH BROTHERS MARINE, INC. I have read the foregoing Verified Third-Party Complaint and know the contents thereof to be true except as to matters therein stated to be alleged upon information and belief, and as to those matters your affirmant believes them to be true. The reason this verification is made by your affirmant and not by Defendants is that Defendants are not within this County. The source of your affirmant's information and the grounds of your affirmant's belief are documents and records in your affrimant's possession and reports and communications obtained by your affirmant. Dated: New York, New York May 21, 2018 j Garth S. Wolfson 5 '7j O' C '7