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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 09/25/2020
EXHIBIT “D”
FILED:
FILED : NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 09/25/2020
05/09/2019 04:44
04 :50 PM
PM|
INDEX
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SUPREME COURT OF THE STATE OF NEW YORK E-file
COUNTY OF NEW YORK
____________ ------ X
IAN MACDONALD, JAMES ROBERTS and BETH
ANN CASSIDY-ROBERTS, Index No.: 155973/2017
Plaintiffs,
VERIFIED ANSWER
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 Plaintiffs,
-against-
PORT MORRIS TILE & MARBLE CORP.,
Third-Party Defendant.
----- ----- -------------------------X
Third-Party Defendant, PORT MORRIS TILE & MARBLE CORP., by and through its
attorneys, CASCONE & KLUEPFEL, LLP, answering the Defendant/Third-Party Plaintiffs,
TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN
HOSPITAL's Third-Party Complaint, upon information and belief, states as follows:
1. Denies knowledge and information sufficient to form a belief as to the truth of
the allegations of the Third-Party Ceiiiplaiiit as contained in the paragraphs thereof number "1",
"14"
"2", "10", "11", "12", "13", and "15".
2. Admits the truth of the statements of the Complaint as contained in the
paragraph thereof numbered "3".
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3. Denies each and every allegation of the Third-Party Complaint as contained in
"6"
the paragraphs thereof numbered "4", "5", and "16".
4. Denies knowledge and information sufficient to form a belief as to the truth of
the allegations of the Third-Party Complaint as contained in the paragraphs thereof number "7",
"8"
and "9, leaving all conclusions of law and fact to the Court.
AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION
AGAINST THIRD-PARTY DEFENDANT
PORT MORRIS FOR CONTRACTUAL INDEMNIFICATION
5. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Third-Party Complaint thereof
"1" "17"
numbered through with the same force and effect as though set forth more fully herein
at length.
6. Denies knowledge and information sufficient to form a belief as to the truth of
the allegations of the Third-Party Complaint as contained in the paragraphs thereof number
"20"
"18", "19", and "21".
7. Denies each and every allegation of the Third-Party Complaint as contained in
"23"
the paragraphs thereof numbered "22", and "24".
AS AND FOR A RESPONSE TO THE SECOND CAUSE OF ACTION
AGAINST THIRD-PARTY DEFENDANT
PORT MORRIS FOR BREACH OF CONTRACT
8. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Third-Party Complaint thereof
"1" "25"
numbered through with the same force and effect as though set forth more fully herein
at length.
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9. Denies knowledge and information sufficient to form a belief as to the truth of
the allegations of the Third-Party Complaint as contained in the paragraphs thereof number
"27"
"26",
10. Denies each and every allegation of the Third-Party Coiliplaint as colitained in
"30"
the paragraphs thereof numbered "28", "29", and "31".
AS AND FOR A RESPONSE TO THE THIRD CAUSE OF ACTION
AGAINST THIRD-PARTY DEFENDANT
PORT MORRIS FOR CONTRIBUTION
11. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Third-Party Complaint thereof
"1" "32"
numbered through with the same force and effect as though set forth more fully herein
at length.
12. Denies each and every allegation of the Third-Party Complaint as contained in
"33"
the paragraphs thereof numbered and "34".
AS AND FOR A RESPONSE TO THE FOURTH CAUSE OF ACTION
AGAINST THIRD-PARTY DEFENDANT
PORT MORRIS FOR COMMON LAW INDEMNIFICATION
13. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Third-Party Complaint thereof
"1" "35"
numbered thereof numbered through with the same force and effect as though set
forth more fully herein at length.
14. Denies each and every allegation of the Third-Party Complaint as contained in
"37"
the paragraphs thereof numbered "36", and "WHEREFORE".
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE
15. That any injury or injuries alleged to have been sustained by plaintiffs herein
arose out of an accident while plaintiffs were working within the scope of his/their employment
plaintiffs'
by third-party-defendant, PORT MORRIS TILE & MARBLE CORP., and that sole
Workers'
and exclusive remedy against said defendant is confined to Compensation benefits
Workers'
pursuant to the Compensation Law of the State of New York.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
16. Any damages sustained by the plaintiffs were caused by the culpable conduct of
the plaintiffs, including contributory negligence or assumption of risk, and not by the culpable
conduct or negligence of the answering defendant.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
17. The Third-Party Complaint should be dismissed for failure to state a cause of
action as against third-party defendant, PORT MORRIS TILE & MARBLE CORP.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
18. A determination of the issues herein has already been rendered by a court of
competent jurisdiction and any further adjudication of these issues is barred by the doctrines of
res judicata and collateral estoppel.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
19. In the event plaintiffs have received an arbitration award and/or settlement and
have executed a release or releases for the same or similar damages to those alleged in the
instant action, defendant is entitled to the claim reduction benefits of §15-108 of the General
Obligations Law.
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AS AND FOR A SIXTH A_FFIRMATIVE DEFENSE
20. Plaintiffs were under an obligation to mitigate their damages but failed to do so.
AS AND FOR A SE_VENTH AFFIRMATIVE DEFENSE
21. That any verdict in the within action, for past, present and future medical care,
dental care, custodial care or rehabilitation services, loss of earnings or other economic loss
should be reduced by the amount that any such expense has or will with reasonable certainty be
replaced or indemnified in whole or in part of or from any collateral source, in accordance with
the provisions and limitations of §4545(c) of the CPLR.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENS_E
22. Upon information and belief, in the event that a judgment is rendered against the
answering defendant, itshall not be responsible for more than itsproportionate share of liability
pursuant to §1601, et seq. of the CPLR.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
23. Upon information and belief, defendant never received actual or constructive
notice of any defective or dangerous condition, and therefore, itcannot be liable for any alleged
injuries suffered by plaintiffs.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
24. The Third-Party Complaint should be dismissed on the grounds that plaintiffs
Workers'
have not sustained a grave injury pursuant to New York Compensation Law.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
25. Plaintiffs voluntarily participated in the event and/or entered the premises or
vehicle with FULL understanding of risk of injury and, therefore, assumed the risk of injury,
expressly and impliedly.
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WHEREFORE, the answering defendant demands judgment dismissing the Third-Party
attorneys'
Complaint, together with the costs and disbursements of this action, including fees.
Dated: Garden City, New York
May 9, 2019
Yours, etc.,
Anthç aglíud , Esq.
CASCONE & KLUEPFEL, LLP
Attorneys Defendant
PORT MORRIS TILE & MARBLE CORP.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
Our File No.: 04499DCSC
TO: Duane R. Morgan, Esq.
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiffs
IAN MACDONALD, JAMES ROBERTS
and BETH ANN CASSIDY-ROBERTS
41st '
18 East Street, 6 Floor
New York, New York 10017
(212) 785-5115
John Sparling, Esq.
CULLEN AND DYKMAN LLP
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 No.: 5451.26
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VERIFICATION
ANTHONY J. PAGLIUCA, ESQ., an attorney admitted to practice in the courts of the
State of New York, affirms: that I am a member of the firm CASCONE & KLUEPFEL, LLP,
attorneys of record for the third-party defendant, in the within action, that I have read the
foregoing Verified Answer and that its contents are true to my knowledge, except as to the
matters therein stated to be alleged on information and belief, and that as to those matters I
believe it tobe true. I further attest that the reason this verification is made by our office and
not by the third-party defendant is that the third-party defendant does not do business within the
County of Nassau where we maintain our office.
I affirm that the foregoing statements are true under penalties of perjury.
Dated: Garden City, New York
May 9, 2019
ANT J(Ý JMGLIUCA, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK E-file
COUNTY OF NEW YORK
___________________________________________________ X
IAN MACDONALD, JAMES ROBERTS and BETH ANN
CASSIDY-ROBERTS, Index No.: 155973/2017
Plaintiffs,
-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 Plaintiffs,
-against-
PORT MORRIS TILE & MARBLE CORP.,
Third-Party Defcñdant.
-------------------------------------------X
The annexed documents are hereby certified pursuant to NYCRR §l30-1.1-a:
[ ] Answer [ ] Motion
[ ] Deniañd for Billof Particulars [ ] Supporting Papers to Motion
[ ] Notice of EBT [ ] Memorandum of Law
[ ] Notice for Discovery & Inspection [ ] Affirmation in Opposition
[ ] Response to Demand [ ] Reply Affirmation
[ ] Demand for Authorization [ ] Notice to Admit
[ ] Stipulation [ ] Response to Notice
[X] Verified Answer, Demand for Bill of [ ] Other
Particulars and Multiple Discovery Demands
Dated: Garden City, New York
May 9, 2019
Yours, etc.,
CASCONE & KL EP L, LLP
AN I GLIUCA, ESQ.
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
COUNTY OF NASSAU )ss.:
I,Kellee T. Rattray, being duly sworn, say: I am not a party to the action, am over 18 years of age
and resideat Nassau County, New York:
On May 9, 2019 I served the within VERIFIED ANSWER, DEMAND FOR BILL OF
PARTICULARS AND MULTIPLE DISCOVERY DEMANDS
[XJ Serviceby Mail by depositinga true
copy thereofin a post-paid
wrapper, in an official under
depository the exclusive
care
and official under
depository theexclusivecareand custodyof theU.S.PostalServicewithinthe New York
State, addressed to each of the following
persons at the last known after
address set forth each name:
[ | Personal
Served by deliveringa true
copy thereofpersonallyto each personnamed below at the address
indicated.
I knew
on individua: each personserved to be the person
mentionedand describedin said papers as a party
therein:
| | Personal by deliveringa truecopy thereof to
personally each personnamed below at theaddressind½d I knew
each personserved to be the person
mentionedand describedin said papers as a party
therein:
( | Service
by by the papers
transmitting by electronicmeans to thetelephonenumber listed
below, which number was
ElectronicMeans designatedby theattorneyforsuch purpose.I receivedasignalfrom the eqü|pmcat oftheattorneyserved
that the transmission
indicating was received.I also depesit
d a true
copy of the papers,
enclosedin a post-
paid wrapper,in an official
depositoryunder the care and custody
ofthe U.S.PostalService,addressedto
the attorney
at the address set forth
after each name:
[ | Overnight by depositinga truecopy thereof,enclosedin a wrapperaddressed as shown below, intothe custodyof
UNITED PARCEL SERVICE forovemight prior
delivery, to thelatest
time designatedby that for
service
overnight UPS NEXT
delivery. DAY AIR
TO: Duane R. Morgan, Esq. John Sparling, Esq.
MORGAN LEVINE DOLAN, P.C. CULLEN AND DYKMAN LLP
Attomeys for Plaintiffs Attorneys forDefendants/Third Party Plaintiffs
IAN MACDONALD, JAMES ROBERTS TURNER CONSTRUCTION COMPANY
and BETH ANN CASSIDY-ROBERTS and THE NEW YORK AND
18 East 41st Street,6th Floor PRESBYTERIAN HOSPITAL
New York, New York 10017 44 Wall Street
(212) 785-5115 New York, New York 10005
(212) 732-2000
File No.: 5451.26
kELLEE R TTR Y
Sworn tobefore me this
9*
day of May, 2019.
N tary Public
CYNTHIA L LOVEI.ACE
Notary Public,State ofNew York
No. 01LO6226783
Qualified in Nassau County
Commission Expires August 16,2
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Index No.: 155973/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IAN MACDONALD, JAMES ROBERTS and BETH
ANN CASSIDY-ROBERTS,
Plaintiffs,
-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 Plaintiffs,
-against-
PORT MORRIS TILE & MARBLE CORP.,
Third-Party Defedn-t
VERIFIED ANSWER, DEMAND
FOR BILL OF PARTICULARS
AND MULTIPLE DISCOVERY DEMANDS
___
CASCONE & KLUEPFEL, LLP.
Attorneys for Third-Party Defendant
PORT MORRIS TILE & MARBLE CORP.
Office and Post Office Address, Telephone
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
(516) 747-1992 Facsimile
To: ALL COUNSEL
Service of a copyof thewithin
is hereby
Preview
FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 09/25/2020 EXHIBIT “D” FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 05/09/2019 04:44 04 :50 PM PM| INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. 0. 72 22 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 05/09/2019 SUPREME COURT OF THE STATE OF NEW YORK E-file COUNTY OF NEW YORK ____________ ------ X IAN MACDONALD, JAMES ROBERTS and BETH ANN CASSIDY-ROBERTS, Index No.: 155973/2017 Plaintiffs, VERIFIED ANSWER 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 Plaintiffs, -against- PORT MORRIS TILE & MARBLE CORP., Third-Party Defendant. ----- ----- -------------------------X Third-Party Defendant, PORT MORRIS TILE & MARBLE CORP., by and through its attorneys, CASCONE & KLUEPFEL, LLP, answering the Defendant/Third-Party Plaintiffs, TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL's Third-Party Complaint, upon information and belief, states as follows: 1. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Third-Party Ceiiiplaiiit as contained in the paragraphs thereof number "1", "14" "2", "10", "11", "12", "13", and "15". 2. Admits the truth of the statements of the Complaint as contained in the paragraph thereof numbered "3". 1 of 10 FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 05/09/2019 04:44 04:50 PM PM INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. U . 72 22 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 05/09/2019 3. Denies each and every allegation of the Third-Party Complaint as contained in "6" the paragraphs thereof numbered "4", "5", and "16". 4. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Third-Party Complaint as contained in the paragraphs thereof number "7", "8" and "9, leaving all conclusions of law and fact to the Court. AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT PORT MORRIS FOR CONTRACTUAL INDEMNIFICATION 5. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Third-Party Complaint thereof "1" "17" numbered through with the same force and effect as though set forth more fully herein at length. 6. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Third-Party Complaint as contained in the paragraphs thereof number "20" "18", "19", and "21". 7. Denies each and every allegation of the Third-Party Complaint as contained in "23" the paragraphs thereof numbered "22", and "24". AS AND FOR A RESPONSE TO THE SECOND CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT PORT MORRIS FOR BREACH OF CONTRACT 8. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Third-Party Complaint thereof "1" "25" numbered through with the same force and effect as though set forth more fully herein at length. 2 of 10 FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 05/09/2019 04:44 04 :50 PM PM| INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. b. 72 22 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 05/09/2019 9. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Third-Party Complaint as contained in the paragraphs thereof number "27" "26", 10. Denies each and every allegation of the Third-Party Coiliplaint as colitained in "30" the paragraphs thereof numbered "28", "29", and "31". AS AND FOR A RESPONSE TO THE THIRD CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT PORT MORRIS FOR CONTRIBUTION 11. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Third-Party Complaint thereof "1" "32" numbered through with the same force and effect as though set forth more fully herein at length. 12. Denies each and every allegation of the Third-Party Complaint as contained in "33" the paragraphs thereof numbered and "34". AS AND FOR A RESPONSE TO THE FOURTH CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT PORT MORRIS FOR COMMON LAW INDEMNIFICATION 13. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Third-Party Complaint thereof "1" "35" numbered thereof numbered through with the same force and effect as though set forth more fully herein at length. 14. Denies each and every allegation of the Third-Party Complaint as contained in "37" the paragraphs thereof numbered "36", and "WHEREFORE". 3 of 10 FILED: FILED : NEW NEiW YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 05/09/2019 04:44 04 :50 PM PM| INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. U . 72 22 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 05/09/2019 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 15. That any injury or injuries alleged to have been sustained by plaintiffs herein arose out of an accident while plaintiffs were working within the scope of his/their employment plaintiffs' by third-party-defendant, PORT MORRIS TILE & MARBLE CORP., and that sole Workers' and exclusive remedy against said defendant is confined to Compensation benefits Workers' pursuant to the Compensation Law of the State of New York. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 16. Any damages sustained by the plaintiffs were caused by the culpable conduct of the plaintiffs, including contributory negligence or assumption of risk, and not by the culpable conduct or negligence of the answering defendant. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 17. The Third-Party Complaint should be dismissed for failure to state a cause of action as against third-party defendant, PORT MORRIS TILE & MARBLE CORP. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 18. A determination of the issues herein has already been rendered by a court of competent jurisdiction and any further adjudication of these issues is barred by the doctrines of res judicata and collateral estoppel. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 19. In the event plaintiffs have received an arbitration award and/or settlement and have executed a release or releases for the same or similar damages to those alleged in the instant action, defendant is entitled to the claim reduction benefits of §15-108 of the General Obligations Law. 4 of 10 FILED: FILED : NEW NEU YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 05/09/2019 04:44 04 :50 PM PM INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. ). 72 22 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 05/09/2019 AS AND FOR A SIXTH A_FFIRMATIVE DEFENSE 20. Plaintiffs were under an obligation to mitigate their damages but failed to do so. AS AND FOR A SE_VENTH AFFIRMATIVE DEFENSE 21. That any verdict in the within action, for past, present and future medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss should be reduced by the amount that any such expense has or will with reasonable certainty be replaced or indemnified in whole or in part of or from any collateral source, in accordance with the provisions and limitations of §4545(c) of the CPLR. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENS_E 22. Upon information and belief, in the event that a judgment is rendered against the answering defendant, itshall not be responsible for more than itsproportionate share of liability pursuant to §1601, et seq. of the CPLR. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 23. Upon information and belief, defendant never received actual or constructive notice of any defective or dangerous condition, and therefore, itcannot be liable for any alleged injuries suffered by plaintiffs. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 24. The Third-Party Complaint should be dismissed on the grounds that plaintiffs Workers' have not sustained a grave injury pursuant to New York Compensation Law. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 25. Plaintiffs voluntarily participated in the event and/or entered the premises or vehicle with FULL understanding of risk of injury and, therefore, assumed the risk of injury, expressly and impliedly. 5 of 10 FILED: FILED : NEW NE57 YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 05/09/2019 04:44 04 :50 PM PM| INDEX INDEX NO. NO. 155973/2017 155973 2017 NYSCEF NYSCEF DOC. DOC. NO. I . 72 22 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 05/09 2019 WHEREFORE, the answering defendant demands judgment dismissing the Third-Party attorneys' Complaint, together with the costs and disbursements of this action, including fees. Dated: Garden City, New York May 9, 2019 Yours, etc., Anthç aglíud , Esq. CASCONE & KLUEPFEL, LLP Attorneys Defendant PORT MORRIS TILE & MARBLE CORP. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 Our File No.: 04499DCSC TO: Duane R. Morgan, Esq. MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiffs IAN MACDONALD, JAMES ROBERTS and BETH ANN CASSIDY-ROBERTS 41st ' 18 East Street, 6 Floor New York, New York 10017 (212) 785-5115 John Sparling, Esq. CULLEN AND DYKMAN LLP 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 No.: 5451.26 6 of 10 FILED: FILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 05/0V72019 04:44 04:50 PM INDEX INDEX NO. NO. 155973/2017 155973/2017 : NEp PM) NYSCEF NYSCEF DOC. DOC. NO. FO. 72 22 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 05/09/2019 VERIFICATION ANTHONY J. PAGLIUCA, ESQ., an attorney admitted to practice in the courts of the State of New York, affirms: that I am a member of the firm CASCONE & KLUEPFEL, LLP, attorneys of record for the third-party defendant, in the within action, that I have read the foregoing Verified Answer and that its contents are true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I believe it tobe true. I further attest that the reason this verification is made by our office and not by the third-party defendant is that the third-party defendant does not do business within the County of Nassau where we maintain our office. I affirm that the foregoing statements are true under penalties of perjury. Dated: Garden City, New York May 9, 2019 ANT J(Ý JMGLIUCA, ESQ. 7 of 10 FILED: FILED : NEW NEN YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 05/09/2019 04:44 04 :50 PM PM| INDEX INDEX NO. NO. 155973/2017 155973 2017 NYSCEF NYSCEF DOC. DOC. NO. 0. 72 22 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 05/09 2019 SUPREME COURT OF THE STATE OF NEW YORK E-file COUNTY OF NEW YORK ___________________________________________________ X IAN MACDONALD, JAMES ROBERTS and BETH ANN CASSIDY-ROBERTS, Index No.: 155973/2017 Plaintiffs, -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 Plaintiffs, -against- PORT MORRIS TILE & MARBLE CORP., Third-Party Defcñdant. -------------------------------------------X The annexed documents are hereby certified pursuant to NYCRR §l30-1.1-a: [ ] Answer [ ] Motion [ ] Deniañd for Billof Particulars [ ] Supporting Papers to Motion [ ] Notice of EBT [ ] Memorandum of Law [ ] Notice for Discovery & Inspection [ ] Affirmation in Opposition [ ] Response to Demand [ ] Reply Affirmation [ ] Demand for Authorization [ ] Notice to Admit [ ] Stipulation [ ] Response to Notice [X] Verified Answer, Demand for Bill of [ ] Other Particulars and Multiple Discovery Demands Dated: Garden City, New York May 9, 2019 Yours, etc., CASCONE & KL EP L, LLP AN I GLIUCA, ESQ. 8 of 10 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 05/09/2019 04:44 04 :50 PM PM| INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 72 22 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 05/09/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NASSAU )ss.: I,Kellee T. Rattray, being duly sworn, say: I am not a party to the action, am over 18 years of age and resideat Nassau County, New York: On May 9, 2019 I served the within VERIFIED ANSWER, DEMAND FOR BILL OF PARTICULARS AND MULTIPLE DISCOVERY DEMANDS [XJ Serviceby Mail by depositinga true copy thereofin a post-paid wrapper, in an official under depository the exclusive care and official under depository theexclusivecareand custodyof theU.S.PostalServicewithinthe New York State, addressed to each of the following persons at the last known after address set forth each name: [ | Personal Served by deliveringa true copy thereofpersonallyto each personnamed below at the address indicated. I knew on individua: each personserved to be the person mentionedand describedin said papers as a party therein: | | Personal by deliveringa truecopy thereof to personally each personnamed below at theaddressind½d I knew each personserved to be the person mentionedand describedin said papers as a party therein: ( | Service by by the papers transmitting by electronicmeans to thetelephonenumber listed below, which number was ElectronicMeans designatedby theattorneyforsuch purpose.I receivedasignalfrom the eqü|pmcat oftheattorneyserved that the transmission indicating was received.I also depesit d a true copy of the papers, enclosedin a post- paid wrapper,in an official depositoryunder the care and custody ofthe U.S.PostalService,addressedto the attorney at the address set forth after each name: [ | Overnight by depositinga truecopy thereof,enclosedin a wrapperaddressed as shown below, intothe custodyof UNITED PARCEL SERVICE forovemight prior delivery, to thelatest time designatedby that for service overnight UPS NEXT delivery. DAY AIR TO: Duane R. Morgan, Esq. John Sparling, Esq. MORGAN LEVINE DOLAN, P.C. CULLEN AND DYKMAN LLP Attomeys for Plaintiffs Attorneys forDefendants/Third Party Plaintiffs IAN MACDONALD, JAMES ROBERTS TURNER CONSTRUCTION COMPANY and BETH ANN CASSIDY-ROBERTS and THE NEW YORK AND 18 East 41st Street,6th Floor PRESBYTERIAN HOSPITAL New York, New York 10017 44 Wall Street (212) 785-5115 New York, New York 10005 (212) 732-2000 File No.: 5451.26 kELLEE R TTR Y Sworn tobefore me this 9* day of May, 2019. N tary Public CYNTHIA L LOVEI.ACE Notary Public,State ofNew York No. 01LO6226783 Qualified in Nassau County Commission Expires August 16,2 INDEX INDEX NO. NO. 155973/2017 155973/2017 FILED:: FILED NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 05/09/2019 04:44 0 4 :50 PM PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 72 22 RECEIVED RECEIVED NYSCEF NYSCEF: : 05/09/2019 09/25/2020 Index No.: 155973/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IAN MACDONALD, JAMES ROBERTS and BETH ANN CASSIDY-ROBERTS, Plaintiffs, -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 Plaintiffs, -against- PORT MORRIS TILE & MARBLE CORP., Third-Party Defedn-t VERIFIED ANSWER, DEMAND FOR BILL OF PARTICULARS AND MULTIPLE DISCOVERY DEMANDS ___ CASCONE & KLUEPFEL, LLP. Attorneys for Third-Party Defendant PORT MORRIS TILE & MARBLE CORP. Office and Post Office Address, Telephone 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 (516) 747-1992 Facsimile To: ALL COUNSEL Service of a copyof thewithin is hereby