Preview
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 05/18/2020
EXHIBIT B
FILED::
[FILED NEW
NEW YORK
YOF I COUNTY
COUNTY CLERK
CLERK 05/18/2020
04/17/2019 03:16
01:44 PM
PM|
INDEX
INDEX NO.
NO. 155973/2017
15597::/2017
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 46
19 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 05/18/2020
04/1''/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------X
IAN MACDONALD, JAMES ROBERTS and Index No.: 155973/2017
BETH ANN CASSIDY-ROBERTS,
Plaintiffs, NOTICE OF
IMPLEADER
-against-
TURNER CONSTRUCTION COMPANY and
THE NEW YORK AND PRESBYTERIAN HOSPITAL
a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL,
Defendants.
__-- _____-- _ __-------- __ __________ ---------X
TURNER CONSTRUCTION COMPANY and
THE NEW YORK AND PRESBYTERIAN HOSPITAL, Third-Party Index No.:
Third-Party Plaintiffs,
-against-
PORT MORRIS TILE & MARBLE CORP.,
Third-Party Defendant.
________------- __--------------------------X
PLEASE TAKE NOTICE, that in the above-entitled action pursuant to Rule
3402(b) of the CPLR, the Defendants/Third-Party Plaintiffs, TURNER CONSTRUCTION
COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL, have impleaded
PORT MORRIS TILE & MARBLE CORP. as a Third-Party
Defendant herein, and that the
caption has been changed to read as above-entitled. A copy of this statement has been served upon
all attorneys appearing in this action as of this date.
Dated: New York, New York
April 17, 2019
{00387010DOC)
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YOI:K COUNTY
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C EN AND DYKMAN LLP
By:
John Spar ing, Esq.
Attorneys for Defendants/Third Party Plaintiffs
TURNER CONSTRUCTION COMPANY
and THE NEW YORK AND
PRESBYTERIAN HOSPITAL
44 Wall Street
New York, New York 10005
212-732-2000
File #: 5451.26
TO: VIA THE SECRETARY OF STAT_E
PORT MORRIS TILE & MARBLE CORP.
Third-Party Defendant
1285 Oakpoint Avenue
Bronx, NY 10474
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiffs
IAN MACDONALD, JAMES ROBERTS
And BETH ANN CASSIDY-ROBERTS
41st 65
18 East Street, Floor
New York, New York 10017
Attn: Duane R. Morgan, Esq.
Tel: (212) 785-5115
(00387010DOC} 2
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DOC. NO.
NO. 46
19 RECEIVED
RECEIVED NYSCEF:
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04/1'/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------- ---------X
IAN MACDONALD, JAMES ROBERTS and Index No.: 155973/2017
BETH ANN CASSIDY-ROBERTS,
Plaintiffs, THIRD-PARTY
SUMMONS
-against-
TURNER CONSTRUCTION COMPANY and
THE NEW YORK AND PRESBYTERIAN HOSPITAL
a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL,
Defendants.
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---X
TURNER CONSTRUCTION COMPANY and Third-Party Index No.:
THE NEW YORK AND PRESBYTERIAN HOSPITAL,
Third-Party Plaintiffs,
-against-
PORT MORRIS TILE & MARBLE CORP.,
Third-Party Defendant.
-------------------------------------------X
TO: THIRD-PARTY DEFENDANT, PORT MORRIS TILE & MARBLE CORP.,
YOU ARE HEREBY SUMMONED to answer the Third-Party Complaint in
this action, and to serve a copy of your Answer on the attorneys to this action as stated below
within twenty (20) days after the service of this summons eXclusive of the day of service (or
within thirty (30) days after the service is complete if this summons is not personally delivered
(00387010DOC) 3
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to you within the State of New York); and in case of your failure to appear or answer, judgment
will be taken against you by default for the relief demanded in the Complaint.
Dated: New York, New York
April 17, 2019
CUpLEN AND DYKMAN LLP
By:
John Sp ling, Esq.
Attorne for Defendants/Third Party Plaintiffs
TURNE NSTRUCTION COMPANY
and THE NEW YORK AND
PRESBYTERIAN HOSPITAL
44 Wall Street
New York, New York 10005
212-732-2000
File #: 5451.26
TO: VIA THE SECRETARY OF STATE
PORT MORRIS TILE & MARBLE CORP.
Third-Party Defendant
1285 Oakpoint Avenue
Bronx, NY 10474
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiffs
IAN MACDONALD, JAMES ROBERTS
And BETH ANN CASSIDY-ROBERTS
41st 6th
18 East Street, PlOOr
New York, New York 10017
Attn: Duane R. Morgan, Esq.
Tel: (212) 785-5115
{00387010DOC)
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FILED: NEW
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YOIGC COUNTY
COUNTY CLERK
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DOC. NO.
NO. 46
19 RECEIVED
RECEIVED NYSCEF:
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------X
IAN MACDONALD, JAMES ROBERTS and Index No.: 155973/2017
BETH ANN CASSIDY-ROBERTS,
Plaintiffs, THIRD-PARTY
COMPLAINT
-against-
TURNER CONSTRUCTION COMPANY and
THE NEW YORK AND PRESBYTERIAN HOSPITAL
a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL,
Defendants.
-------------------------------------------X
TURNER CONSTRUCTION COMPANY and Third-Party Index No.:
THE NEW YORK AND PRESBYTERIAN HOSPITAL,
Third-Party Plaintiffs,
-against-
PORT MORRIS TILE & MARBLE CORP.,
Third-Party Defendant.
-------------------------------------------X
Defendants/Third-Party Plaintiffs, TURNER CONSTRUCTION COMPANY
("TURNER") and THE NEW YORK AND PRESBYTERIAN HOSPITAL ("NYPH"), by and
through their attorneys, CULLEN AND DYKMAN LLP, as and for their
Third-Party
Complaint against Third-Party Defendant, PORT MORRIS TILE & MARBLE CORP. ("PORT
MORRIS"), allege upon information and belief as follows:
THE PARTIES AND JURISDICTION
1. At all times hereinafter mentioned TURNER was and still is a domestic
business corporation duly organized and existing
under and by virtue of the laws of the State of
New York.
(00387010 DOC) 5
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2. At all times hereinafter mentioned NYPH was and still is a domestic not-
for-profit corporation
duly organized and existing under and by virtue of the laws of the State
of New York.
3. At all times hereinafter mentioned, PORT MORRIS was and still is a
domestic business corporation duly licensed and authorized to conduct business in the State of
New York.
4. At all times hereinafter mentioned, PORT MORRIS was and still is an
unauthorized domestic business corporation in the State of New York.
5. At all times hereinafter mentioned, PORT MORRIS was and still is a
foreign business corporation duly licensed and authorized to conduct business within the State
of New York.
6. At all times hereinafter mentioned, PORT MORRIS was and still is an
unauthorized foreign corporation.
7. This Court has personal jurisdiction over PORT MORRIS because at all
times hereinafter mentioned, PORT MORRIS committed a tortious act within the State of New
York.
8. This Court has personal jurisdiction over PORT MORRIS because at all
times hereinafter mentioned, PORT MORRIS regularly did or still does solicit business and/or
engage in a persistent course of conduct and/or derive substantial revenue from services
rendered within the State of New York.
9. This Court has personal jurisdiction over PORT MORRIS because at all
times hereinafter mentioned, PORT MORRIS derived substantial revenue from inter-state
commerce involving New York.
(00387010DOC) b
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FACTS COMMON TO ALL COUNTS
10. Plaintiffs, Ian MacDonald and James Roberts, bring this action to
recover for alleged personal injuries. Plaintiff, Beth Ann Cassidy-Roberts, James Roberts's
wife, seeks damages for loss of services and society of James Roberts. The Complaint alleges
violations of Labor Law §§ 200, 240 and 241(6), as well as common law negligence and names
I
TURNER and NYPH as Defendants.
11. On June 13, 2017, Plaintiffs, Ian MacDonald and James Roberts,
allegedly sustained personal injuries while unloading a crate of stone from a truck owned and
68th
operated by PORT MORRIS at 525 East Street, New York, New York (the "Construction
Site") during the course of their employment with PORT MORRIS.
12. On or about October 4, 2017, TURNER and NYPH joined issue by
service of a Verified Answer. NYPH contracted with TURNER for construction management
at 1283 York Avenue, New York, New York 10065 (the "Premises") for a period which
includes June 13, 2017. The construction management agreement between NYPH and
TURNER was in full force and effect on June 13, 2017.
13. PORT MORRIS contracted with TURNER to perform all interior and
exterior stone work at the Premises for a period which includes June 13, 2017 (the
| "Subcontract"). The Subcontract between PORT MORRIS and TURNER was in full force and
effect on June 13, 2017.
(00387010
DOC)
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FILED: NEW YORK
*D COUNTY
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14. Article XXIV of the TURNER- PORT MORRIS Agreement sets forth
the required insurance coverages and amounts to be procured by PORT MORRIS on behalf of
TURNER and NYPH. Specifically, Article XXIV states:
Before commencing the Work, the following insurance coverages
from insurance companies satisfactory
to Contractor [TURNER]
shall be in place and maintained until completion and final
acceptance of the Work; ...
3. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
covering all owned, non-owned and hired automobiles used in connection with
the Work, with the following minimum limits:
Combined Single Limit $2,000,000 / accident
15. Article XXIII of the Subcontract between TURNER and PORT
MORRIS states the following:
"the "Indemnified Party(ies) means Contractor [TURNER], the
Owner [NYPH], any party required to be indemnified pursuant to
the General Contract, and any of their respective officers, agents,
servants, or employees, and affiliates, parents and subsidiaries.
The Subcontractor [PORT MORRIS] hereby assumes the entire
responsibility
and liability for any and all actual or potential
damage or injury of any kind or nature whatsoever . ~~ to all
persons and entities, whether employees of the Subcontractor
[PORT MORRIS] or any tier of the Subcontractor [PORT
MORRIS] or otherwise... caused by, resulting from, arising out
of or
occurring
in connection with the execution of the Work, or
in preparation for the Work, or any extension, modification, or
amendment to the Work by change order or otherwise. Should
any claims for such actual or potential damage or injury ...be
made or asserted, whether or not such claims are based upon an
Indemnified Party's alleged active or passive negligence or
participation in the wrong or upon any alleged breach of any
statutory duty or obligation on the part of an Indemnified Party,
the Subcontractor [PORT MORRIS] agrees to indemnify and
save harmless the Indemnified Party from and against any and all
such claims and further from and against any and all loss, cost,
expense, liability, damage, penalties, fines or injury, including
legal fees and disbursements, that the Indemnified Party may
directly or indirectly sustain, suffer or incur as a result thereof
and the Subcontractor [PORT MORRIS] agrees to and does
hereby assume, on behalf of the Indemnified Party, the defense of
(00387010 DOC] 8
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FILED : NEW
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COUNTY CLERK
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INDEX
INDEX NO.
Preview
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 05/18/2020 EXHIBIT B FILED:: [FILED NEW NEW YORK YOF I COUNTY COUNTY CLERK CLERK 05/18/2020 04/17/2019 03:16 01:44 PM PM| INDEX INDEX NO. NO. 155973/2017 15597::/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 46 19 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/18/2020 04/1''/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------X IAN MACDONALD, JAMES ROBERTS and Index No.: 155973/2017 BETH ANN CASSIDY-ROBERTS, Plaintiffs, NOTICE OF IMPLEADER -against- TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL, Defendants. __-- _____-- _ __-------- __ __________ ---------X TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL, Third-Party Index No.: Third-Party Plaintiffs, -against- PORT MORRIS TILE & MARBLE CORP., Third-Party Defendant. ________------- __--------------------------X PLEASE TAKE NOTICE, that in the above-entitled action pursuant to Rule 3402(b) of the CPLR, the Defendants/Third-Party Plaintiffs, TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL, have impleaded PORT MORRIS TILE & MARBLE CORP. as a Third-Party Defendant herein, and that the caption has been changed to read as above-entitled. A copy of this statement has been served upon all attorneys appearing in this action as of this date. Dated: New York, New York April 17, 2019 {00387010DOC) 1 of 14 FILED: FILED: NEW NEW YORK YOI:K COUNTY COUNTY CLERK CLERK 05/18/2020 04/17/2019 03:16 01:44 PM PM| INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 46 19 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/18/2020 04/1 /2019 C EN AND DYKMAN LLP By: John Spar ing, Esq. Attorneys for Defendants/Third Party Plaintiffs TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL 44 Wall Street New York, New York 10005 212-732-2000 File #: 5451.26 TO: VIA THE SECRETARY OF STAT_E PORT MORRIS TILE & MARBLE CORP. Third-Party Defendant 1285 Oakpoint Avenue Bronx, NY 10474 MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiffs IAN MACDONALD, JAMES ROBERTS And BETH ANN CASSIDY-ROBERTS 41st 65 18 East Street, Floor New York, New York 10017 Attn: Duane R. Morgan, Esq. Tel: (212) 785-5115 (00387010DOC} 2 2 of 14 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/18/2020 04/17/2019 03:16 01:44 PM PM| INDEX INDEX NO. NO. 155973/2017 15597:/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 46 19 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/18/2020 04/1'/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------- ---------X IAN MACDONALD, JAMES ROBERTS and Index No.: 155973/2017 BETH ANN CASSIDY-ROBERTS, Plaintiffs, THIRD-PARTY SUMMONS -against- TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL, Defendants. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---X TURNER CONSTRUCTION COMPANY and Third-Party Index No.: THE NEW YORK AND PRESBYTERIAN HOSPITAL, Third-Party Plaintiffs, -against- PORT MORRIS TILE & MARBLE CORP., Third-Party Defendant. -------------------------------------------X TO: THIRD-PARTY DEFENDANT, PORT MORRIS TILE & MARBLE CORP., YOU ARE HEREBY SUMMONED to answer the Third-Party Complaint in this action, and to serve a copy of your Answer on the attorneys to this action as stated below within twenty (20) days after the service of this summons eXclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered (00387010DOC) 3 3 of 14 FILED: FILED: NEW NEW YORK YOIt|K COUNTY COUNTY CLERK CLERK 05/18/2020 04/17/2019 03:16 01:44 PM PM| INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 46 19 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/18/2020 04/1//2019 to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: New York, New York April 17, 2019 CUpLEN AND DYKMAN LLP By: John Sp ling, Esq. Attorne for Defendants/Third Party Plaintiffs TURNE NSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL 44 Wall Street New York, New York 10005 212-732-2000 File #: 5451.26 TO: VIA THE SECRETARY OF STATE PORT MORRIS TILE & MARBLE CORP. Third-Party Defendant 1285 Oakpoint Avenue Bronx, NY 10474 MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiffs IAN MACDONALD, JAMES ROBERTS And BETH ANN CASSIDY-ROBERTS 41st 6th 18 East Street, PlOOr New York, New York 10017 Attn: Duane R. Morgan, Esq. Tel: (212) 785-5115 {00387010DOC) 4 of 14 FILED: FILED: NEW NEW YORK YOIGC COUNTY COUNTY CLERK CLERK 05/18/2020 04/17/2019 03:16 01:44 PM PM| INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 46 19 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/18/2020 04/1//2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------X IAN MACDONALD, JAMES ROBERTS and Index No.: 155973/2017 BETH ANN CASSIDY-ROBERTS, Plaintiffs, THIRD-PARTY COMPLAINT -against- TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL, Defendants. -------------------------------------------X TURNER CONSTRUCTION COMPANY and Third-Party Index No.: THE NEW YORK AND PRESBYTERIAN HOSPITAL, Third-Party Plaintiffs, -against- PORT MORRIS TILE & MARBLE CORP., Third-Party Defendant. -------------------------------------------X Defendants/Third-Party Plaintiffs, TURNER CONSTRUCTION COMPANY ("TURNER") and THE NEW YORK AND PRESBYTERIAN HOSPITAL ("NYPH"), by and through their attorneys, CULLEN AND DYKMAN LLP, as and for their Third-Party Complaint against Third-Party Defendant, PORT MORRIS TILE & MARBLE CORP. ("PORT MORRIS"), allege upon information and belief as follows: THE PARTIES AND JURISDICTION 1. At all times hereinafter mentioned TURNER was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. (00387010 DOC) 5 5 of 14 FILED: FILED: NEW NEW YORK YOltK COUNTY COUNTY CLERK CLERK 05/18/2020 04/17/2019 03:16 01:44 PM PM| INDEX INDEX NO. NO. 155973/2017 15597 /2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 46 19 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/18/2020 04/1 /2019 2. At all times hereinafter mentioned NYPH was and still is a domestic not- for-profit corporation duly organized and existing under and by virtue of the laws of the State of New York. 3. At all times hereinafter mentioned, PORT MORRIS was and still is a domestic business corporation duly licensed and authorized to conduct business in the State of New York. 4. At all times hereinafter mentioned, PORT MORRIS was and still is an unauthorized domestic business corporation in the State of New York. 5. At all times hereinafter mentioned, PORT MORRIS was and still is a foreign business corporation duly licensed and authorized to conduct business within the State of New York. 6. At all times hereinafter mentioned, PORT MORRIS was and still is an unauthorized foreign corporation. 7. This Court has personal jurisdiction over PORT MORRIS because at all times hereinafter mentioned, PORT MORRIS committed a tortious act within the State of New York. 8. This Court has personal jurisdiction over PORT MORRIS because at all times hereinafter mentioned, PORT MORRIS regularly did or still does solicit business and/or engage in a persistent course of conduct and/or derive substantial revenue from services rendered within the State of New York. 9. This Court has personal jurisdiction over PORT MORRIS because at all times hereinafter mentioned, PORT MORRIS derived substantial revenue from inter-state commerce involving New York. (00387010DOC) b 6 of 14 FILED: FILED : NEW NE YORK YORK COUNTY COUNTY CLERK CLERK 05/18/2020 04/17/2019 03:16 01: 44 PM PM) INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. No. 46 19 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/18/2020 04/17/2019 FACTS COMMON TO ALL COUNTS 10. Plaintiffs, Ian MacDonald and James Roberts, bring this action to recover for alleged personal injuries. Plaintiff, Beth Ann Cassidy-Roberts, James Roberts's wife, seeks damages for loss of services and society of James Roberts. The Complaint alleges violations of Labor Law §§ 200, 240 and 241(6), as well as common law negligence and names I TURNER and NYPH as Defendants. 11. On June 13, 2017, Plaintiffs, Ian MacDonald and James Roberts, allegedly sustained personal injuries while unloading a crate of stone from a truck owned and 68th operated by PORT MORRIS at 525 East Street, New York, New York (the "Construction Site") during the course of their employment with PORT MORRIS. 12. On or about October 4, 2017, TURNER and NYPH joined issue by service of a Verified Answer. NYPH contracted with TURNER for construction management at 1283 York Avenue, New York, New York 10065 (the "Premises") for a period which includes June 13, 2017. The construction management agreement between NYPH and TURNER was in full force and effect on June 13, 2017. 13. PORT MORRIS contracted with TURNER to perform all interior and exterior stone work at the Premises for a period which includes June 13, 2017 (the | "Subcontract"). The Subcontract between PORT MORRIS and TURNER was in full force and effect on June 13, 2017. (00387010 DOC) 7 of 14 ~ INDEX INDEX NO. NO. 155973/2017 15597 /2017 FILED: NEW YORK *D COUNTY CDDlt* CLERK 0 05/18/2020 04~27 2D1s ~ 03:16 01: ~ ~ PM NYSCEF NYSCEF DOC. DOC. NO. NO. 46 19 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/18/2020 04/1 /2019 14. Article XXIV of the TURNER- PORT MORRIS Agreement sets forth the required insurance coverages and amounts to be procured by PORT MORRIS on behalf of TURNER and NYPH. Specifically, Article XXIV states: Before commencing the Work, the following insurance coverages from insurance companies satisfactory to Contractor [TURNER] shall be in place and maintained until completion and final acceptance of the Work; ... 3. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE covering all owned, non-owned and hired automobiles used in connection with the Work, with the following minimum limits: Combined Single Limit $2,000,000 / accident 15. Article XXIII of the Subcontract between TURNER and PORT MORRIS states the following: "the "Indemnified Party(ies) means Contractor [TURNER], the Owner [NYPH], any party required to be indemnified pursuant to the General Contract, and any of their respective officers, agents, servants, or employees, and affiliates, parents and subsidiaries. The Subcontractor [PORT MORRIS] hereby assumes the entire responsibility and liability for any and all actual or potential damage or injury of any kind or nature whatsoever . ~~ to all persons and entities, whether employees of the Subcontractor [PORT MORRIS] or any tier of the Subcontractor [PORT MORRIS] or otherwise... caused by, resulting from, arising out of or occurring in connection with the execution of the Work, or in preparation for the Work, or any extension, modification, or amendment to the Work by change order or otherwise. Should any claims for such actual or potential damage or injury ...be made or asserted, whether or not such claims are based upon an Indemnified Party's alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part of an Indemnified Party, the Subcontractor [PORT MORRIS] agrees to indemnify and save harmless the Indemnified Party from and against any and all such claims and further from and against any and all loss, cost, expense, liability, damage, penalties, fines or injury, including legal fees and disbursements, that the Indemnified Party may directly or indirectly sustain, suffer or incur as a result thereof and the Subcontractor [PORT MORRIS] agrees to and does hereby assume, on behalf of the Indemnified Party, the defense of (00387010 DOC] 8 8 of 14 FILED: FILED : NEW NEN YORK YORK COUNTY COUNTY CLERK CLERK 05/18/2020 04/17/2019 03:16 01: 44 PM PM| INDEX INDEX NO.