Preview
FILED: NEW YORK COUNTY CLERK 08/05/2022 03:39 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 08/05/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________________________________________________________Ç
IAN MACDONALD, JAMES ROBERTS and BETH ANN
CASSIDY-ROBERTS, Index No.: 155973/2017
Plaintiffs,
-against- ORDER WITH
NOTICE OF ENTRY
TURNER CONSTRUCTION COMPANY and THE NEW
YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE
SOCIETY OF THE NEW YORK HOSPITAL,
Defendants.
__________________________________________________________________________Ç
TURNER CONSTRUCTION COMPANY and THE NEW
YORK AND PRESBYTERIAN HOSPITAL,
Third-Party Plaintiffs,
-against-
PORT MORRIS TILE & MARBLE CORP.,
Third-Party Defendant.
___________________________________________________________________________Ç
PORT MORRIS TILE & MARBLE CORP.,
Second Third-Party Plaintiff
-against-
TEXRON COMMERCIAL AUTO BODY WORKS, INC.,
Second Third-Party Defendant.
__________________________________________________________________________Ç
PLEASE TAKE NOTICE, that the within is a true copy of an Order of the Honorable Lyle
E. Frank, dated July 26, 2022, duly entered in the office of the Clerk of the within named Court on
July 26, 2022.
Dated: Farmingdale, New York
August 5, 2022
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FILED: NEW YORK COUNTY CLERK 08/05/2022 03:39 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 08/05/2022
You
nthony Pagliuca, Esq.
CASCONE & KLUEPFEL, LLP
Attorneys Third-Party Defendant/
Second Third-Party Plaintiff
PORT MORRIS TILE & MARBLE CORP.
497 Main Street
Farmingdale, New York 11735
(516) 747-1990
Our File No.: 04499DCSC
TO: 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
Telephone: (212) 732-2000
Facsimile: (212) 742-2765
File No.: 5451.26
Duane R. Morgan, Esq.
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiffs
IAN MACDONALD, JAMES ROBERTS
and BETH ANN CASSIDY-ROBERTS
41st 6th
18 East Street, FlOOr
New York, New York 10017
Telephone: (212) 785-5115
Facsimile: (646) 525-4884
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FILED: NEW YORK COUNTY CLERK 08/05/2022 03:39 PM INDEX NO. 155973/2017
NYSCEF DOC.NEWNO. 139 RECEIVEDINDEX NYSCEF:
NO. 155973/2017
08/05/2022
FILED: YORK COUNTY CLERK 07 /2 6 /2022 11: 44 AM)
NYSCEF DOC. NO. 135 RECEIVED NYSCEF: 07/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. LYLE E. FRANK PART 11M
Justice
__________________--------------..------------..Ç INDEX NO. 155973/2017
IAN MACDONALD, JAMES ROBERTS, BETH ANN
MOTION DATE N/A
CASSIDY-ROBERTS,
MOTION SEQ. NO. 003
Plaintiff,
- v -
TURNER CONSTRUCTION COMPANY, THE NEW YORK DECISION + ORDER ON
AND PRESBYTERIAN HOSPITAL, MOTION
Defendant.
__..______________.-----..-----------------------Ç
TURNER CONSTRUCTION COMPANY, THE NEW YORK Third-Party
AND PRESBYTERIAN HOSPITAL Index No. 595317/2019
Plaintiff,
-against-
Defendant.
-----------------------..---------------------Ç
The following e-fileddocuments, listedby NYSCEF document number (Motion 003) 121, 122, 123, 124,
125, 126, 127, 128, 129, 130, 131, 132, 133, 134
were read on thismotion to/for JUDGMENT - MONEY
Upon the foregoing documents, the motion is denied. The Court agrees with third party
defendant's contentions in opposition to this application that movant has failedto demonstrate
movant paid the attorney's fees that are in question in thismotion. As such, the Court does not
reach the remaining contentions in opposition by third party defendant.
The foregoing constitutes the Decision and Order of the Court.
155973/2017 MACDONALD, IAN vs.TURNER CONSTRUCTION COMPANY Page 1 of 2
MotionNo.003
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NYSCEF DOC.NEWNO. 139 RECEIVEDINDEX NYSCEF:
NO. 155973/2017
08/05/2022
FILED: YORK COUNTY CLERK 07/26/2022 11:44 AM|
NYSCEF DOC. NO. 135 RECEIVED NYSCEF: 07/26/2022
20220726093716LFR
NKCEB839281D46029F388F06BC5ECB0F
7/26/2022
DATE
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDESTRANSFER/REASSIGN FIDUCIARYAPPOINTMENT REFERENCE
155973/2017 MACDONALD, IAN vs.TURNER CONSTRUCTION COMPANY Page 2 of 2
MotionNo.003
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NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 08/05/2022
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
COUNTY OF NASSAU )ss.:
I,CYNTHIA LOVELACE, being duly sworn, say: I am not a party to the action, am over 18 years of age
and reside at Nassau County, New York:
On August 5, 2022 I served the within ORDER WITH NOTICE OF ENTRY
[X]Serviceby by transmitting means through
the papers by electronic the New YorkState E-File
System.I received an e-mail
from the New YorkState E-
Electronic that the transmission
File System indicating was received and delivered
to all counsel in this action.
Means
[ ] Service
by a true copy thereof
by depositing in a post-paid wrapper,
in an official
depositoryunder the exclusive
care and official
depository under the
Mail exclusivecare and custody
ofthe U.S.Postal Service
withinthe New York addressed
State, to eachof thefollowingpersons at the last
known address set forth
after each name:
[] Personal a true copy thereof
by delivering to each person named below
personally I knew
at the address indicated. each person served to be the person
Served on mentionedand described in said papers as a party
therein:
Individual
[ ] Overnight by depositing enclosed in a wrapper
a true copy thereof, addressed as shown below,
intothe custody
of UNITED PARCEL SERVICE for
overnight prior
delivery, tothelatest
timedesignated
by that
serviceforovernight
delivery.
TO:
CULLEN and DYKMAN LLP MORGAN LEVINE DOLAN, P.C.
Attorneys for Defendants/Third Party Plaintiffs Attorneys for Plaintiffs
41st 6th
TURNER CONSTRUCTION COMPANY and 18 East Street, PlOOr
THE NEW YORK AND PRESBYTERIAN HOSPITAL New YOrk, New YOrk 10017
(212) 785-5115
i/s/h/a THE NEW YORK AND PRESBYTERIAN
HOSPITAL a.k.a THE SOCIETY OF THE NEW
YORK HOSPITAL
15th
44 Wall Street,
New York, New York 10005
(212) 510-2293
File No.: 5451.26
C THIA LOVELACE
Sworn to before me this
5th
day of August, 2022
otary Pubhe
JENNIFER A. OUVERI
NotaryPublic,State of New York
No. 010L6065787
in Nassau
Qualified County
Commission ExpiresOctober29,
5 of 6
FILED: NEW YORK COUNTY CLERK 08/05/2022 03:39 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 08/05/2022
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.
_________________________________________________________________Ç
And Third-Party Actions
ORDER WITH NOTICE OF ENTRY
CASCONE & KLUEPFEL, LLP.
Attorneys for Third-Party Defendant
and Second Third-Party Plaintiff
PORT MORRIS TILE & MARBLE CORP.
office and Post Office Address, Telephone
497 Main Street
Farmingdale, New York 11735
(516) 747-1990
(516) 747-1992 Facsimile
To: ALL COUNSEL
Service ofa copy of thewithin
is herebyadmitted,
Dated,
____________________________________________________________
Attorney(s) forThird-Party Defendant/Second Third-Party Plaintiff
PORT MORRIS TILE & MARBLE CORP.
6 of 6
Preview
FILED: NEW YORK COUNTY CLERK 08/05/2022 03:39 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 08/05/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __________________________________________________________________________Ç IAN MACDONALD, JAMES ROBERTS and BETH ANN CASSIDY-ROBERTS, Index No.: 155973/2017 Plaintiffs, -against- ORDER WITH NOTICE OF ENTRY TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL, Defendants. __________________________________________________________________________Ç TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL, Third-Party Plaintiffs, -against- PORT MORRIS TILE & MARBLE CORP., Third-Party Defendant. ___________________________________________________________________________Ç PORT MORRIS TILE & MARBLE CORP., Second Third-Party Plaintiff -against- TEXRON COMMERCIAL AUTO BODY WORKS, INC., Second Third-Party Defendant. __________________________________________________________________________Ç PLEASE TAKE NOTICE, that the within is a true copy of an Order of the Honorable Lyle E. Frank, dated July 26, 2022, duly entered in the office of the Clerk of the within named Court on July 26, 2022. Dated: Farmingdale, New York August 5, 2022 1 of 6 FILED: NEW YORK COUNTY CLERK 08/05/2022 03:39 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 08/05/2022 You nthony Pagliuca, Esq. CASCONE & KLUEPFEL, LLP Attorneys Third-Party Defendant/ Second Third-Party Plaintiff PORT MORRIS TILE & MARBLE CORP. 497 Main Street Farmingdale, New York 11735 (516) 747-1990 Our File No.: 04499DCSC TO: 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 Telephone: (212) 732-2000 Facsimile: (212) 742-2765 File No.: 5451.26 Duane R. Morgan, Esq. MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiffs IAN MACDONALD, JAMES ROBERTS and BETH ANN CASSIDY-ROBERTS 41st 6th 18 East Street, FlOOr New York, New York 10017 Telephone: (212) 785-5115 Facsimile: (646) 525-4884 2 of 6 FILED: NEW YORK COUNTY CLERK 08/05/2022 03:39 PM INDEX NO. 155973/2017 NYSCEF DOC.NEWNO. 139 RECEIVEDINDEX NYSCEF: NO. 155973/2017 08/05/2022 FILED: YORK COUNTY CLERK 07 /2 6 /2022 11: 44 AM) NYSCEF DOC. NO. 135 RECEIVED NYSCEF: 07/26/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LYLE E. FRANK PART 11M Justice __________________--------------..------------..Ç INDEX NO. 155973/2017 IAN MACDONALD, JAMES ROBERTS, BETH ANN MOTION DATE N/A CASSIDY-ROBERTS, MOTION SEQ. NO. 003 Plaintiff, - v - TURNER CONSTRUCTION COMPANY, THE NEW YORK DECISION + ORDER ON AND PRESBYTERIAN HOSPITAL, MOTION Defendant. __..______________.-----..-----------------------Ç TURNER CONSTRUCTION COMPANY, THE NEW YORK Third-Party AND PRESBYTERIAN HOSPITAL Index No. 595317/2019 Plaintiff, -against- Defendant. -----------------------..---------------------Ç The following e-fileddocuments, listedby NYSCEF document number (Motion 003) 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134 were read on thismotion to/for JUDGMENT - MONEY Upon the foregoing documents, the motion is denied. The Court agrees with third party defendant's contentions in opposition to this application that movant has failedto demonstrate movant paid the attorney's fees that are in question in thismotion. As such, the Court does not reach the remaining contentions in opposition by third party defendant. The foregoing constitutes the Decision and Order of the Court. 155973/2017 MACDONALD, IAN vs.TURNER CONSTRUCTION COMPANY Page 1 of 2 MotionNo.003 1 of 2 3 of 6 FILED: NEW YORK COUNTY CLERK 08/05/2022 03:39 PM INDEX NO. 155973/2017 NYSCEF DOC.NEWNO. 139 RECEIVEDINDEX NYSCEF: NO. 155973/2017 08/05/2022 FILED: YORK COUNTY CLERK 07/26/2022 11:44 AM| NYSCEF DOC. NO. 135 RECEIVED NYSCEF: 07/26/2022 20220726093716LFR NKCEB839281D46029F388F06BC5ECB0F 7/26/2022 DATE CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDESTRANSFER/REASSIGN FIDUCIARYAPPOINTMENT REFERENCE 155973/2017 MACDONALD, IAN vs.TURNER CONSTRUCTION COMPANY Page 2 of 2 MotionNo.003 2 of 2 4 of 6 FILED: NEW YORK COUNTY CLERK 08/05/2022 03:39 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 08/05/2022 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NASSAU )ss.: I,CYNTHIA LOVELACE, being duly sworn, say: I am not a party to the action, am over 18 years of age and reside at Nassau County, New York: On August 5, 2022 I served the within ORDER WITH NOTICE OF ENTRY [X]Serviceby by transmitting means through the papers by electronic the New YorkState E-File System.I received an e-mail from the New YorkState E- Electronic that the transmission File System indicating was received and delivered to all counsel in this action. Means [ ] Service by a true copy thereof by depositing in a post-paid wrapper, in an official depositoryunder the exclusive care and official depository under the Mail exclusivecare and custody ofthe U.S.Postal Service withinthe New York addressed State, to eachof thefollowingpersons at the last known address set forth after each name: [] Personal a true copy thereof by delivering to each person named below personally I knew at the address indicated. each person served to be the person Served on mentionedand described in said papers as a party therein: Individual [ ] Overnight by depositing enclosed in a wrapper a true copy thereof, addressed as shown below, intothe custody of UNITED PARCEL SERVICE for overnight prior delivery, tothelatest timedesignated by that serviceforovernight delivery. TO: CULLEN and DYKMAN LLP MORGAN LEVINE DOLAN, P.C. Attorneys for Defendants/Third Party Plaintiffs Attorneys for Plaintiffs 41st 6th TURNER CONSTRUCTION COMPANY and 18 East Street, PlOOr THE NEW YORK AND PRESBYTERIAN HOSPITAL New YOrk, New YOrk 10017 (212) 785-5115 i/s/h/a THE NEW YORK AND PRESBYTERIAN HOSPITAL a.k.a THE SOCIETY OF THE NEW YORK HOSPITAL 15th 44 Wall Street, New York, New York 10005 (212) 510-2293 File No.: 5451.26 C THIA LOVELACE Sworn to before me this 5th day of August, 2022 otary Pubhe JENNIFER A. OUVERI NotaryPublic,State of New York No. 010L6065787 in Nassau Qualified County Commission ExpiresOctober29, 5 of 6 FILED: NEW YORK COUNTY CLERK 08/05/2022 03:39 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 08/05/2022 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. _________________________________________________________________Ç And Third-Party Actions ORDER WITH NOTICE OF ENTRY CASCONE & KLUEPFEL, LLP. Attorneys for Third-Party Defendant and Second Third-Party Plaintiff PORT MORRIS TILE & MARBLE CORP. office and Post Office Address, Telephone 497 Main Street Farmingdale, New York 11735 (516) 747-1990 (516) 747-1992 Facsimile To: ALL COUNSEL Service ofa copy of thewithin is herebyadmitted, Dated, ____________________________________________________________ Attorney(s) forThird-Party Defendant/Second Third-Party Plaintiff PORT MORRIS TILE & MARBLE CORP. 6 of 6