Preview
FILED: NEW YORK COUNTY CLERK 03/16/2022 10:25 AM INDEX NO. 154864/2018
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------..---------..-----------------------..----..
_________________
CHRISTOPHER HEALY and JOYCE HEALY, Index No.: 154864/18E
Plaintiffs, VERIFIED ANSWER TO
THIRD PARTY COMPLAINT
-against-
CITIGROUP TECHNOLOGY, INC. and
TISHMAN CONSTRUCTION CORPORATION,
Defendants.
--_____________________-----------------------------------X
CITIGROUP TECHNOLOGY, INC. and Third-Party
TISHMAN CONSTRUCTION CORPORATION, Index No.: 595942/18
Third-Party Plaintiffs,
-against-
CALVIN MAINTENANCE INC. and
W5 GROUP LLC d/b/a WALDORF DEMOLITION
Third-Party Defendants.
__________________________---------------________--Ç
CALVIN MAINTENANCE INC. and W5 GROUP LLC
d/b/a WALDORF DEMOLITION
Second Third-Party Plaintiffs,
-against-
TURNER CONSTRUCTION COMPANY,
Second Third-Party Defendants.
-----__________________________________________________-X
COUNSELORS:
Second third-party defendant, TURNER CONSTRUCTION COMPANY, by its attorneys, White
and McSpedon, P.C., answering the Third Party Complaint of the second third-party plaintiffs, herein
upon information and belief:
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AS TO THE PARTIES AND JURISDICTION
1. Deny any knowledge or information sufficient to form a belief as to each and every
"5"
allegation contained in the paragraphs of the complaint numbered "1", "2", and refer allquestions of
law to this Honorable Court.
2. Deny each and every allegation contained in the paragraphs of the complaint numbered
"4"
"3", and refer all questions of law to this Honorable Court.
AS TO THE UNDERLYING HEALY ACTION
3. Deny any knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of the Complaint numbered, "6", "16".
4. Deny any knowledge or information sufficient to form a belief as to each and every
"17"
allegation contained in the paragraphs of the complaint numbered "7", "13", "14", "15", and refer
allquestions of law to this Honorable Court.
AS TO THE FIRST CAUSE OF ACTION
5. Repeat each and every denial to each and every allegation of the Complaint which is
"18"
realleged in the paragraph numbered thereof as hereinbefore denied.
6. Deny any knowledge or information sufficient to form a belief as to each and every
"19"
allegation contained in the paragraphs of the complaint numbered and refer allquestions of law to
this Honorable Court.
7. Deny each and every allegation contained in the paragraphs of the complaint numbered
"20", "21".
AS TO THE SECOND CAUSE OF ACTION
8. Repeat each and every denial to each and every allegation of the Complaint which is
"22"
realleged in the paragraph numbered thereof as hereinbefore denied.
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9. Deny each and every allegation contained in the paragraphs of the Complaint numbered
"23", "24".
AS AND FOR A FIRST COMPLETE AFFIRMATIVE DEFENSE
10. That the culpable conduct of the third party defendants/second third-party plaintiffs
brought about the alleged damages and injuries which plaintiff(s) and/or second third-party plaintiffs
claim without any culpable conduct on the part of this second third-party defendant, their agents,
servants or employees.
11. That if the Court find after trial that any culpable conduct of this second third-party
defendant, their agents, servants or employees contributed to the alleged damages or injuries to the
plaintiff(s) and/or third party defendants/second third-party plaintiff(s), then and in that event this
Second Third-Party Defendant prays that the amount of damages which might be recoverable shall be
diminished in the proportion which the culpable conduct attributable to the plaintiff(s) and/or third party
defendants/second third-party plaintiffs bears to the culpable conduct which caused the alleged damages
or injuries.
AS AND FOR A SECOND COMPLETE AFFIRMATIVE DEFENSE
12. That this answering second third-party defendant claims that they are not responsible to
the plaintiff(s) and/or third party defendants/second third-party plaintiffs herein. However, to the extent
that the trier of the facts finds liability of 50 per cent or less as defined by Article 16 of the CPLR, this
answering Second Third-Party Defendant claims entitlement to the benefits set forth therein.
AS AND FOR A THIRD COMPLETE AFFIRMATIVE DEFENSE
13. That this Court lacks jurisdiction of the subject matter of the action alleged in the
Complaint.
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AS AND FOR A FOURTH COMPLETE AFFIRMATIVE DEFENSE
14. That this Court lacks jurisdiction over the person of this second third party defendant in
that service of process was not made in accordance with the provisions of the CPLR and the laws of
New York.
AS AND FOR A FIFTH COMPLETE AFFIRMATIVE DEFENSE
15. That this Court lacks in personam jurisdiction over the person of this third party
defendant.
AS AND FOR A SIXTH COMPLETE AFFIRMATIVE DEFENSE
16. That this answering second third-party defendant did not owe plaintiff or third party
defendants/second third-party plaintiffs any duties alleged in this lawsuit.
AS AND FOR SEVENTH COMPLETE AFFIRMATIVE DEFENSE
17. That the risks and dangers, if any, were open, obvious, notorious and apparent.
AS AND FOR A EIGHTH COMPLETE AFFIRMATIVE DEFENSE
18. That the Second Third-Party Defendant was without notice of any of the purported
conditions alleged in the Complaint and Third-Party Complaint.
AS AND FOR A NINTH COMPLETE AFFIRMATIVE DEFENSE
19. This answering second third party defendant asserts that they are entitled to any and all
rights and protection provided under GOL 15-108.
AS AND FOR FIRST CROSS-CLAIM AGAINST THIRD PARTY DEFENDANTS/SECOND
THIRD PARTY PLAINTIFFS, CALVIN MAINTENANCE, INC. AND W5 GROUP LLC D/B/A
WALDORF DEMOLITION
20. If the allegations of the Complaint are true and the answering Second Third-Party
Defendant is judged negligent by reason of the fact of operations of law or otherwise, then the greater
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responsibility for damages sustained by Plaintiff will be that of the Third-Party Defendants/Second
Third Party Plaintiffs above named.
21. That by reason of the foregoing, answering Second Third-Party Defendant demands that
the Court on the trial hereof apportion responsibility and negligence, ifany, among the parties.
22. That in the event answering Third-Party Defendant is held liable to the Plaintiff herein,
then answering Second Third-Party Defendant demands judgment against the Third-Party
Defendants/Second Third Party Plaintiffs above-named for such amounts as it may be required to pay
over and above itsproportionate share.
AS AND FOR SECOND CROSS-CLAIM AGAINST THIRD PARTY DEFENDANTS/SECOND
THIRD PARTY PLAINTIFFS, CALVIN MAINTENANCE, INC. AND W5 GROUP LLC D/B/A
WALDORF DEMOLITION
23. That if the Plaintiff(s) were caused to sustain personal injuries and resulting damages at
the time and place set forth in Plaintiff's Complaint and Third-Party Complaint and in the manner
alleged therein through any carelessness, recklessness, acts, omissions, negligence, and/or breaches of
duty, and/or warranty and/or contract and/or strict tort liability other than of the Plaintiffs, then the said
injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions,
negligence and/or breaches of duty, and/or obligations, and /or statute, and/or contract in fact or implied
in law, upon the part of the Second Third-Party Defendant, with indemnification and save harmless
agreement, and/or responsibility by them in fact, and/or implied in law, and without any breaches or any
negligence of this pleading Second Third-Party Defendant contributing thereto, and if this pleading
Second Third-Party Defendant is found negligent as to the Plaintiffs for injuries and damages as set forth
Plaintiffs'
in the Complaitit and Third-Party Complaint, then and in that event the relative
responsibilities of all said Defendants and Third Party Defendants/Second Third Party Plaintiffs in
fairness must be apportioned by a separate determination, and the said Third Party Defendants/Second
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Third Party Plaintiffs herein will be liable over jointly and severally to the pleading Second Third-Party
Defendant and bound to fully indemnify and hold this pleading Second Third-Party Defendant harmless
for the full amount of any verdict or judgment that the Plaintiffs herein may recover against the pleading
Second Third-Party Defendant in this action, including all costs and disbursements.
AS AND FOR THIRD CROSS-CLAIM AGAINST THIRD PARTY DEFENDANTS/SECOND
THIRD PARTY PLAINTIFFS, CALVIN MAINTENANCE, INC. AND W5 GROUP LLC D/B/A
WALDORF DEMOLITION
24. That Third Party Defendants/Second Third Party Plaintiffs and answering second third
party defendant contracted to purchase and provide a general liability insurance policy naming this
answering second third party defendant and itssubsidiaries as an additional insured hereunder to provide
coverage in the event of personal injury and answering second third party defendant's involvement in
the resulting lawsuit for damages, and Third Party Defendants/Second Third Party Plaintiffs breached
their contract by failing to comply with that agreement, and answering second third party defendant will
demand all legal rights resulting therefrom.
25. That Third Party Defendants/Second Third Party Plaintiffs have received notice of
answering second third party defendant's demand for said coverage, and failed to provide said coverage,
and answering second third party defendant will demand all legal rights resulting therefrom.
WHEREFORE, answering Second Third-Party Defendant demands judgment dismissing the
Complaint and Third-Party Complaint; and that the Court apportion responsibility, if any, among the
parties, and further, demand judgment over and against the Plaintiffs and Third Party
Defendants/Second Third Party Plaintiffs above-named for the amount of any sums paid over and above
their proportionate share of any judgment, together with the costs and disbursements of this action.
Dated: New York, New York
March 14, 2022
Yours, etc.,
WHITE & McSPEDON, P.C.
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Alichael Caniteffa
By:
MICHAEL CANNELLA, ESQ.
875 Avenue of the Americas, Suite 800
New York, New York 10001
(212) 564-6633
Attorneys for Defendants/Third Party PlaintVfs
and Second Third Party Defendant
TO:
SACKS & SACKS, LLP
4th
150 Broadway, FlOOr
New York, NY 10038
212-964-5570
Attorneys for Plaintiff
GOLDEN, ROTHSCHILD, SPAGNOLA,
LUNDELL, BOYLAN & GARUBO & BELL. P.C.
40 Exchange Place, 14 Floor, Suite 1404
New York, New York 10001
(212) 964-0120
(212) 566-3515 (fax)
Attorneys for Third-Party Defendants/
Second Third-Party Plaintiffs,
CALVIN MAINTENANCE INC. and
W5 GROUP LLC d/b/a WALDORF DEMOLITION
5536/md
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
The undersigned, an attorney admitted to practice law in the Courts of the State of New York,
shows:
That deponent is a member of the firm of WHITE & McSPEDON, P.C., attorneys of record for
the Second Third-Party Defendant, TURNER CONSTRUCTION COMPANY, in the within action;
That deponent has read the foregoing Answer to Third-Party Complaint and knows the contents
thereof; that the same is true to deponent's knowledge, except as to the matters deponent therein stated to
be alleged upon information and belief, and as to those matters deponent believes it to be true.
Deponent further says that the reason this verification is made deponent and not Second Third-
by by
Party Defendant is said Second Third-Party Defendant is outside the County wherein deponent
maintains his offices.
The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as
follows: Investigation and Reports.
The undersigned affirms that the foregoing statements are true, under the penalties of perjury.
Dated: New York, New York
March 14, 2022
Alichael Caruteffa
:
MICHAEL CANNELLA, ESQ.
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FILED: NEW YORK COUNTY CLERK 03/16/2022 10:25 AM INDEX NO. 154864/2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------..---------..-----------------------..----.. _________________ CHRISTOPHER HEALY and JOYCE HEALY, Index No.: 154864/18E Plaintiffs, VERIFIED ANSWER TO THIRD PARTY COMPLAINT -against- CITIGROUP TECHNOLOGY, INC. and TISHMAN CONSTRUCTION CORPORATION, Defendants. --_____________________-----------------------------------X CITIGROUP TECHNOLOGY, INC. and Third-Party TISHMAN CONSTRUCTION CORPORATION, Index No.: 595942/18 Third-Party Plaintiffs, -against- CALVIN MAINTENANCE INC. and W5 GROUP LLC d/b/a WALDORF DEMOLITION Third-Party Defendants. __________________________---------------________--Ç CALVIN MAINTENANCE INC. and W5 GROUP LLC d/b/a WALDORF DEMOLITION Second Third-Party Plaintiffs, -against- TURNER CONSTRUCTION COMPANY, Second Third-Party Defendants. -----__________________________________________________-X COUNSELORS: Second third-party defendant, TURNER CONSTRUCTION COMPANY, by its attorneys, White and McSpedon, P.C., answering the Third Party Complaint of the second third-party plaintiffs, herein upon information and belief: 1 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2022 10:25 AM INDEX NO. 154864/2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/16/2022 AS TO THE PARTIES AND JURISDICTION 1. Deny any knowledge or information sufficient to form a belief as to each and every "5" allegation contained in the paragraphs of the complaint numbered "1", "2", and refer allquestions of law to this Honorable Court. 2. Deny each and every allegation contained in the paragraphs of the complaint numbered "4" "3", and refer all questions of law to this Honorable Court. AS TO THE UNDERLYING HEALY ACTION 3. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint numbered, "6", "16". 4. Deny any knowledge or information sufficient to form a belief as to each and every "17" allegation contained in the paragraphs of the complaint numbered "7", "13", "14", "15", and refer allquestions of law to this Honorable Court. AS TO THE FIRST CAUSE OF ACTION 5. Repeat each and every denial to each and every allegation of the Complaint which is "18" realleged in the paragraph numbered thereof as hereinbefore denied. 6. Deny any knowledge or information sufficient to form a belief as to each and every "19" allegation contained in the paragraphs of the complaint numbered and refer allquestions of law to this Honorable Court. 7. Deny each and every allegation contained in the paragraphs of the complaint numbered "20", "21". AS TO THE SECOND CAUSE OF ACTION 8. Repeat each and every denial to each and every allegation of the Complaint which is "22" realleged in the paragraph numbered thereof as hereinbefore denied. 2 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2022 10:25 AM INDEX NO. 154864/2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/16/2022 9. Deny each and every allegation contained in the paragraphs of the Complaint numbered "23", "24". AS AND FOR A FIRST COMPLETE AFFIRMATIVE DEFENSE 10. That the culpable conduct of the third party defendants/second third-party plaintiffs brought about the alleged damages and injuries which plaintiff(s) and/or second third-party plaintiffs claim without any culpable conduct on the part of this second third-party defendant, their agents, servants or employees. 11. That if the Court find after trial that any culpable conduct of this second third-party defendant, their agents, servants or employees contributed to the alleged damages or injuries to the plaintiff(s) and/or third party defendants/second third-party plaintiff(s), then and in that event this Second Third-Party Defendant prays that the amount of damages which might be recoverable shall be diminished in the proportion which the culpable conduct attributable to the plaintiff(s) and/or third party defendants/second third-party plaintiffs bears to the culpable conduct which caused the alleged damages or injuries. AS AND FOR A SECOND COMPLETE AFFIRMATIVE DEFENSE 12. That this answering second third-party defendant claims that they are not responsible to the plaintiff(s) and/or third party defendants/second third-party plaintiffs herein. However, to the extent that the trier of the facts finds liability of 50 per cent or less as defined by Article 16 of the CPLR, this answering Second Third-Party Defendant claims entitlement to the benefits set forth therein. AS AND FOR A THIRD COMPLETE AFFIRMATIVE DEFENSE 13. That this Court lacks jurisdiction of the subject matter of the action alleged in the Complaint. 3 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2022 10:25 AM INDEX NO. 154864/2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/16/2022 AS AND FOR A FOURTH COMPLETE AFFIRMATIVE DEFENSE 14. That this Court lacks jurisdiction over the person of this second third party defendant in that service of process was not made in accordance with the provisions of the CPLR and the laws of New York. AS AND FOR A FIFTH COMPLETE AFFIRMATIVE DEFENSE 15. That this Court lacks in personam jurisdiction over the person of this third party defendant. AS AND FOR A SIXTH COMPLETE AFFIRMATIVE DEFENSE 16. That this answering second third-party defendant did not owe plaintiff or third party defendants/second third-party plaintiffs any duties alleged in this lawsuit. AS AND FOR SEVENTH COMPLETE AFFIRMATIVE DEFENSE 17. That the risks and dangers, if any, were open, obvious, notorious and apparent. AS AND FOR A EIGHTH COMPLETE AFFIRMATIVE DEFENSE 18. That the Second Third-Party Defendant was without notice of any of the purported conditions alleged in the Complaint and Third-Party Complaint. AS AND FOR A NINTH COMPLETE AFFIRMATIVE DEFENSE 19. This answering second third party defendant asserts that they are entitled to any and all rights and protection provided under GOL 15-108. AS AND FOR FIRST CROSS-CLAIM AGAINST THIRD PARTY DEFENDANTS/SECOND THIRD PARTY PLAINTIFFS, CALVIN MAINTENANCE, INC. AND W5 GROUP LLC D/B/A WALDORF DEMOLITION 20. If the allegations of the Complaint are true and the answering Second Third-Party Defendant is judged negligent by reason of the fact of operations of law or otherwise, then the greater 4 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2022 10:25 AM INDEX NO. 154864/2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/16/2022 responsibility for damages sustained by Plaintiff will be that of the Third-Party Defendants/Second Third Party Plaintiffs above named. 21. That by reason of the foregoing, answering Second Third-Party Defendant demands that the Court on the trial hereof apportion responsibility and negligence, ifany, among the parties. 22. That in the event answering Third-Party Defendant is held liable to the Plaintiff herein, then answering Second Third-Party Defendant demands judgment against the Third-Party Defendants/Second Third Party Plaintiffs above-named for such amounts as it may be required to pay over and above itsproportionate share. AS AND FOR SECOND CROSS-CLAIM AGAINST THIRD PARTY DEFENDANTS/SECOND THIRD PARTY PLAINTIFFS, CALVIN MAINTENANCE, INC. AND W5 GROUP LLC D/B/A WALDORF DEMOLITION 23. That if the Plaintiff(s) were caused to sustain personal injuries and resulting damages at the time and place set forth in Plaintiff's Complaint and Third-Party Complaint and in the manner alleged therein through any carelessness, recklessness, acts, omissions, negligence, and/or breaches of duty, and/or warranty and/or contract and/or strict tort liability other than of the Plaintiffs, then the said injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and/or breaches of duty, and/or obligations, and /or statute, and/or contract in fact or implied in law, upon the part of the Second Third-Party Defendant, with indemnification and save harmless agreement, and/or responsibility by them in fact, and/or implied in law, and without any breaches or any negligence of this pleading Second Third-Party Defendant contributing thereto, and if this pleading Second Third-Party Defendant is found negligent as to the Plaintiffs for injuries and damages as set forth Plaintiffs' in the Complaitit and Third-Party Complaint, then and in that event the relative responsibilities of all said Defendants and Third Party Defendants/Second Third Party Plaintiffs in fairness must be apportioned by a separate determination, and the said Third Party Defendants/Second 5 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2022 10:25 AM INDEX NO. 154864/2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/16/2022 Third Party Plaintiffs herein will be liable over jointly and severally to the pleading Second Third-Party Defendant and bound to fully indemnify and hold this pleading Second Third-Party Defendant harmless for the full amount of any verdict or judgment that the Plaintiffs herein may recover against the pleading Second Third-Party Defendant in this action, including all costs and disbursements. AS AND FOR THIRD CROSS-CLAIM AGAINST THIRD PARTY DEFENDANTS/SECOND THIRD PARTY PLAINTIFFS, CALVIN MAINTENANCE, INC. AND W5 GROUP LLC D/B/A WALDORF DEMOLITION 24. That Third Party Defendants/Second Third Party Plaintiffs and answering second third party defendant contracted to purchase and provide a general liability insurance policy naming this answering second third party defendant and itssubsidiaries as an additional insured hereunder to provide coverage in the event of personal injury and answering second third party defendant's involvement in the resulting lawsuit for damages, and Third Party Defendants/Second Third Party Plaintiffs breached their contract by failing to comply with that agreement, and answering second third party defendant will demand all legal rights resulting therefrom. 25. That Third Party Defendants/Second Third Party Plaintiffs have received notice of answering second third party defendant's demand for said coverage, and failed to provide said coverage, and answering second third party defendant will demand all legal rights resulting therefrom. WHEREFORE, answering Second Third-Party Defendant demands judgment dismissing the Complaint and Third-Party Complaint; and that the Court apportion responsibility, if any, among the parties, and further, demand judgment over and against the Plaintiffs and Third Party Defendants/Second Third Party Plaintiffs above-named for the amount of any sums paid over and above their proportionate share of any judgment, together with the costs and disbursements of this action. Dated: New York, New York March 14, 2022 Yours, etc., WHITE & McSPEDON, P.C. 6 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2022 10:25 AM INDEX NO. 154864/2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/16/2022 Alichael Caniteffa By: MICHAEL CANNELLA, ESQ. 875 Avenue of the Americas, Suite 800 New York, New York 10001 (212) 564-6633 Attorneys for Defendants/Third Party PlaintVfs and Second Third Party Defendant TO: SACKS & SACKS, LLP 4th 150 Broadway, FlOOr New York, NY 10038 212-964-5570 Attorneys for Plaintiff GOLDEN, ROTHSCHILD, SPAGNOLA, LUNDELL, BOYLAN & GARUBO & BELL. P.C. 40 Exchange Place, 14 Floor, Suite 1404 New York, New York 10001 (212) 964-0120 (212) 566-3515 (fax) Attorneys for Third-Party Defendants/ Second Third-Party Plaintiffs, CALVIN MAINTENANCE INC. and W5 GROUP LLC d/b/a WALDORF DEMOLITION 5536/md 7 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2022 10:25 AM INDEX NO. 154864/2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/16/2022 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned, an attorney admitted to practice law in the Courts of the State of New York, shows: That deponent is a member of the firm of WHITE & McSPEDON, P.C., attorneys of record for the Second Third-Party Defendant, TURNER CONSTRUCTION COMPANY, in the within action; That deponent has read the foregoing Answer to Third-Party Complaint and knows the contents thereof; that the same is true to deponent's knowledge, except as to the matters deponent therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. Deponent further says that the reason this verification is made deponent and not Second Third- by by Party Defendant is said Second Third-Party Defendant is outside the County wherein deponent maintains his offices. The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: Investigation and Reports. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York March 14, 2022 Alichael Caruteffa : MICHAEL CANNELLA, ESQ. 8 of 8