Preview
FILED: QUEENS COUNTY CLERK 10/01/2018
11/04/2022 12:46
09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 13
88 RECEIVED NYSCEF: 10/01/2018
11/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------- ------------------------ X
JULIO IRALA-MARTINEZ, 703644/2018
Index #
Plaintiff,
-against-
NOTICE PURSUANT TO
CPLR 3402(b)
SHUMAN 673/16 LLC and COOK & KRUPA, LLC,
Defendants.
---------------------------------------------------------------- X
SHUMAN 673/16 LLC AND COOK & KRUPA, LLC
Third Party Plaintiffs,
-against-
CCl CONTRACTING, INC.,
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, SHUMAN 673/16 LLC and COOK AND
KUPRA, LLC s/h/a COOK & KRUPA, LLC, by service of a Third-Party Summons and
Complaint has impleaded, CCI CONTRACTING, INC., as a third-party defendant and that the
caption has changed to read as entitled above. A copy of this statement has been served upon all
of the attorneys appearing in this action as of this date.
This case has not been noticed for trial.
Dated: Albertson, New York
September 28, 2018
BY:
. Pigeon, Esq.
hmuty, Demers & M us, Esqs.
Attorneys for the endant /Third Party
Plaintiffs
SHUMAN 673/ ánd COOK & KRUPA,
LLC s/h/a COOK & KRUPA, LLC.
200 1.U. Willets Road
Albertson, New York I 1507
(516) 294-5433 Our File No.: NCSP 053618 LMP
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To:
Via Electronic Filing
William Schwitzer & Associates, PC
Brett E. Zuckerman, Esq.
Attorneys for Plaintiff
10th
820 Second Avenue, Floor
299 Broadway, Suite 910
New York, New York 10017
(212) 683-3800
File# Sepl8-028
To:
THIRD PARTY DEFENDANT TO BE SERVED
c/o Secretary of State
CCI CONTRACTING, INC.
THIRD PARTY DEFENDANT TO BE SERVED
Via Priority Mail
CCI CONTRACTING, INC.
22 Verbena Avenue
Attn: Mr. William Cavalieri
Floral Park, New York 11001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------- -----------X
JULIO IRALA-MARTINEZ, Index # 703644/2018
Plaintiff,
-against-
THIRD PARTY
SUMMONS
SHUMAN 673/16 LLC and COOK & KRUPA, LLC,
Defendants.
-------------------------- -------- ---------------------X
SHUMAN 673/16 LLC AND COOK & KRUPA, LLC
Third Party Plaintiffs,
-against-
CCI CONTRACTING, INC.,
Third Party Defendant.
----------------------------------------------- ¬-----------X
TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT:
You are hereby summoned and required to serve upon all parties an answer to the
annexed complaints of the defendants/third party plaintiffs and of the plaintiff, which are hereby
served upon you, together with all prior pleadings in the action, within 20 days after service
thereof, exclusive of the day of service, or within 30 days after service is complete ifservice is
made by any method other than personal delivery to you within the State of New York. In case
of your failure to answer, judgment will be taken against you by default for the relief demanded
in the Third-Party Complaint.
Dated: Albertson, New York
September 28, 2018
BY:
Lisa Ͻ. Pig .
Ahmuty, Demers & McManus, Esqs.
Attomeypfor the Defendants/Third Party Plaintiffs
SHUMAN 673/16 C and COOK & KRUPA,
LL s/h/a COO KRUPA, LLC.
200 . ts Road
Albertson, New York I1507
(516) 294-5433
Our File No.: NCSP 053618 LMP
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To:
Via Electronic Filing
William Schwitzer & Associates, PC
Brett E. Zuckerman, Esq.
Attorneys for Plaintiff
10th
820 Second Avenue, FlOOr
299 Broadway, Suite 910
New York, New York 10017
(212) 683-3800
File# Sep18-028
To:
THIRD PARTY DEFENDANT TO BE SERVED
c/o Secretary of State
CCI CONTRACTING, INC.
THIRD PARTY DEFENDANT TO BE SERVED
Via Priority Mail
CCI CONTRACTING, INC.
22 Verbena Avenue
Attn: Mr. William Cavalieri
Floral Park, New York 11001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------------------------------X
JULIO IRALA-MARTINEZ, Index # 703644/2018
Plaintiff,
-against-
THIRD PARTY
COMPLAINT
SHUMAN 673/16 LLC and COOK & KRUPA, LLC,
Defendants.
---------------------- ¬----------------- - ---- X
SHUMAN 673/16 LLC AND COOK & KRUPA, LLC
Third Party Plaintiffs,
-against-
CCI CONTRACTING, INC.,
Third Party Defendant.
------------------------------------------------------X
The Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND
KUPRA, LLC s/h/a COOK & KRUPA, LLC, by its attomeys, AHMUTY, DEMERS &
McMANUS, ESQS., as and for a Third Party Complaint against the third-party defendant, CCI
CONTRACTING, INC., respectfully alleges upon information and belief:
1. At all times hereinafter mentioned, Defendant/Third Party Plaintiff, SHUMAN
673/16 LLC was and stillis a domestic limited liability company formed under the laws of the
State of New York.
2. At all times herein mentioned, Defendant/Third Party Plaintiff, COOK AND
KUPRA, LLC s/h/a COOK & KRUPA, LLC was and still is a domestic limited liability
company formed under the laws of the State of New York.
3. At all times hereinafter mentioned, Third Party Defendant, CCI
CONTRACTING, INC. was and stillis a domestic business corporation formed under the laws
of the State of New York.
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4. That at all times hereinafter mentioned, the third-party defendant, CCI
CONTRACTING, INC. was and stillis a domestic business corporation doing business in the
State of New York.
5. That at all times hereinatter mentioned, the third-party defendant, CCI
CONTRACTING, INC. was and stillis a domestic business corporation transacting business in
the State of New York or as otherwise subject to the jurisdiction of the Courts of the State of
New York pursuant to CPLR §302 and the case law there under.
6. That on and before February 20, 2018 the third-party defendant, CCI
CONTRACTING, INC., was performing work at 34-01 Steinway Street, in Long Island City,
Queens, New York.
7. That on or about March 2018 the plaintiff in this JULIO IRALA-
9, action,
MARTINEZ commenced an action against Defendants/Third Party Plaintiffs, SHUMAN
673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC by service of a
Summons and Verified Complaint bearing index number 703644/2018. A copy of plaintiff's
Summons and Verified Complaint is annexed hereto as Exhibit "A".
8. That the plaintiff's Verified Complaint alleges that the plaintiff sustained personal
injuries on or about February 20, 2018 at the location of 34-01 Steinway Street, in Long Island
City, County of Queens, State of New York while working at that location for CCI
CONTRACTING, INC. and the plaintiff seek money damages for these personal injuries as
more particularly set forth in the attached hereto plaintiff's Verified Complaint.
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9. That the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK
AND KUPRA, LLC s/h/a COOK & KRUPA, LLC have denied and continue to deny all of the
material allegations in plaintiff's Verified Complaint. A copy of Defendants/Third Party
Plaintiffs'
Verified Answer to the Verified Complaint is annexed hereto as Exhibit "B".
AS AND FOR THE FIRST CAUSE OF ACTION
AS AGAINST CCI CONTRACTING, INC..FOR COMMON LAW INDEMNIFICATION
AND/OR CONTRIBUTION
10. The Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND
KUPRA, LLC s/h/a COOK & KRUPA, LLC, repeat and reiterate each and every allegation
"1" "9"
contained in paragraphs through above as if more fully set forth at length herein.
11. That if the plaintiff was caused to sustain damages in the manner and at the time
and place set forth in the plaintiff's Verified Complaint through any carelessness, recklessness or
negligence, other than the plaintiff's own careless, recklessness, or negligence, then same was
brought about and sustained by reason of carelessness, recklessness and negligence and/or acts of
omission or commission by the third-party defendant, itsagents, servants and/or employees; and
if any judgment is recovered by the plaintiff against the Defendants/Third Party Plaintiffs,
SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC they
will be damaged thereby and the third-party defendant, CCI CONTRACTING, INC. was or
will be responsible therefore to the Defendants/Third Plaintiffs for indemnification and/or
Party
contribution.
12. That by reason of the foregoing, the third-party defendant, CCI
CONTRACTING, INC., will be liable to the Defendants/Third Party Plaintiffs, SHUMAN
673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC in the event and
in the full amount of recovery herein by the plaintiff for that portion thereof caused the
by
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CCI INC. and the third-
relative responsibility of the third-party defendant, CONTRACTING,
defendant, CCI CONTRACTING, INC.. is bound to pay any and all attorney's fees and
party
cost of investigation and disbursements.
AS AND FOR THE SECOND CAUSE OF ACTION AGAINST
CCI CONTRACTING, INC. FOR CONTRACTUAL INDEMNIFICATION
13. The Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND
KUPRA, LLC s/h/a COOK & KRUPA, LLC repeat and reiterate each and every allegation
"1" "12"
contained in paragraphs through above as if more fully set forth at length herein.
14. That on October 25, 2017 the third-party defendant, CCI CONTRACTING,
INC. . entered into a contract with Defendant/Third Party Plaintiff, SHUMAN 673/16 LLC
whereby third-party defendant, CCI CONTRACTING INC., agreed to the fullest extent
permitted by law to indemnify, defend and hold harmless the Defendants/Third Party Plaintiffs,
SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC and
Owner, Construction Manager, Architect, Consultants, and their respective officers, partners,
members, affiliates, managers, shareholders, directors, agents, employees, successors, and
assigns (collectively, "Indemnitees", individual, "Indemnitee") from an against all losses, claims
(including, but not limited to those alleging injury to third party or damage to property of third
parties), causes of action, lawsuits, costs damages, and expenses (including the deductible
attorneys'
amount of any insurance and, without limitation, fees and disbursements), due to: (i)
any personal injury, sickness, disease or death, or damage or injury to, loss of or destruction of
property (including tools, equipment, plant and the buildings at the Project site,but excluding the
Work itself),including the loss of use resulting therefrom sustained at the Project; (ii) any act or
omission of Contractor, itsemployees, subcontractors, representatives or other persons for whom
Contractor is responsible; (iii) any breach, violation or non-performance of any covenant,
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condition or agreement in this Agreement by Contractor, its subcontractors or suppliers, or
anyone for whose acts Contractor, its subcontractors and suppliers may be liable, and (iv) any
claim asserted or lien or notice of lien filed, by any subcontractor or supplier against the Project,
"C"
or against any Indemnitee in connection with the Work. Annexed hereto as Exhibit is a copy
of the contract.
15. That said contract was in full force and effect on February 20, 2018.
16. That ifthe plaintiff was injured in the manner claimed in the plaintiff's Verified
Complaint, the third-party defendant, CCI CONTRACTING, INC. is bound under the terms of
this aforesaid contract to indemnify and hold harmless the Defendants/Third Party Plaintiffs,
SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC
17. That to date said third-party defendant, CCI CONTRACTING, INC.. has
refused and stillrefuses to honor itsobligations under the aforesaid contract allto the continuing
harm and expense to the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK
AND KUPRA, LLC s/h/a COOK & KRUPA, LLC.
18. That by reason of the foregoing, the third-party defendant, CCI
CONTRACTING, INC. will be liable to the Defendants/Third Party Plaintiffs, SHUMAN
673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC for the full
amount of any recovery which might be had against the Defendants/Third Party Plaintiffs,
SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC and
shall be bound to pay all costs, disbursements and/or attorney's fees.
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AS AND FOR THE THIRD CAUSE OF ACTION
AGAINST CCI CONTRACTING, INC. FOR BREACH OF CONTRACT
19. The Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND
KUPRA, LLC s/h/a COOK & KRUPA, LLC, repeat and reiterate each and every allegation
"1" "18"
contained in paragraphs through above as if more fully set forth at length herein.
20. That on October 25, 2017 the third-party defendant, CCI CONTRACTING,
INC. and Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND
KUPRA, LLC s/h/a COOK & KRUPA, LLC entered into a contract for the performance of
work at 34-01 Steinway Street, in Long Island City, County of Queens, State of New York
21. That said contract was in full force and effect on February 20, 2018.
22. That the third-party defendant, breached said contract in that said third-party
defendant, CCI CONTRACTING INC. failed to comply with its aforesaid obligations under
the terms and provisions of the contract.
23. That as a result of said breach, the Defendants/Third Party Plaintiffs, SHUMAN
673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC have been
injured herein.
24. That by reason of the foregoing, the third-party defendant, CCI
CONTRACTING, INC. will be liable to the Defendants/Third Party Plaintiffs, SHUMAN
673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC for the full
amount of any recovery which might be had against the Defendants/Third Party Plaintiffs,
SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC and
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third-party defendant, CCI CONTRACTING INC. is and shall be bound to pay all costs,
disbursements and/or attorney's fees.
AS AND FOR THE FOURTH CAUSE OF ACTION
AGAINST CCI CONTRACTING, INC. FOR FAILURE TO PROCURE INSURANCE
25. The Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND
KUPRA, LLC s/h/a COOK & KRUPA, LLC, repeat and reiterate each and every allegation
"1" "24"
contained in paragraphs through above as if more fully set forth at length herein.
26. That pursuant to the above mentioned contract, the third-party defendant, CCI
CONTRACTING, INC. undertook certain duties and obligations including procurement of a
general liability insurance policy with limits of no less than One Million Dollars
($10,000,000.00) per occurrence and excess with limits of no less than Four Million Dollars
($5,000,000.00) per occurrence.
27. That third-party defendant, CCI CONTRACTING, INC. was required to name
Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC
s/h/a COOK & KRUPA, LLCas an additional insured on such insurance policies and that said
insurance applies on a primary basis.
28. If the plaintiff sustained injuries and damages as alleged in the plaintiff's Verified
Complaint, they were sustained within the provisions of the aforesaid contract and/or the terms
and conditions emanating there from including warranties contained therein and/or implied there
from by operation of law or otherwise.
29. That ifthe plaintiff was caused to sustain the injuries and damages as set forth in
the plaintiff's Verified Complaint, through any carelessness, recklessness and/or negligence or
culpable conduct other than that of the plaintiff, the third-party defendant, CCI
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CONTRACTING, INC. and/or its insurance carriers are or will be primarily responsible in full
thereof.
WHEREFORE, the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and
COOK AND LLC s/h/a COOK & LLC demands judgment on the Third-
KUPRA, KRUPA,
Party Complaint herein as to third-party defendant, CCI CONTRACTING, INC. with costs and
disbursements; and Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK
AND KUPRA, LLC s/h/a COOK & KRUPA, LLC have judgment over and against the third-
party defendant, CCI CONTRACTING, INC. for all or that portion of any verdict or judgment
which may be had against the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and
COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC together with the costs and
disbursements ofthis action plus all attorney's fees and allother costs associated herein.
Dated: Albertson, New York
September 28, 2018
BY:
isa M. Pigeon, sq.
Ahmuty, Demers cManus, Esqs.
Attorneys foJAhfDefe ants/third party plaintiffs
SHUMAN 673/16 LLC a d COOK & KRUPA,
LLC s/ /a COOK & KRUPA, LLC.
200 I.IAXillets
Albertson, New York 11507
(516) 294-5433
Our File No.: NCSP 053618 LMP
To:
Via Electronic Filing
William Schwitzer & Associates, PC
Brett E. Zuckerman, Esq.
Attorneys for Plaintiff
820 Second 10th FlOOr
Avenue,
299 Broadway, Suite 910
New York, New York 10017
(212) 683-3800
File# Sep18-028
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To:
THIRD PARTY DEFENDANT TO BE SERVED
c/o Secretary of State
CCI CONTRACTING, INC.
THIRD PARTY DEFENDANT TO BE SERVED
Via Priority Mail
CCI CONTRACTING, INC.
22 Verbena Avenue
Attn: Mr. William Cavalieri
Floral Park, New York 1 1001
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Preview
FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------- ------------------------ X JULIO IRALA-MARTINEZ, 703644/2018 Index # Plaintiff, -against- NOTICE PURSUANT TO CPLR 3402(b) SHUMAN 673/16 LLC and COOK & KRUPA, LLC, Defendants. ---------------------------------------------------------------- X SHUMAN 673/16 LLC AND COOK & KRUPA, LLC Third Party Plaintiffs, -against- CCl CONTRACTING, INC., 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, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC, by service of a Third-Party Summons and Complaint has impleaded, CCI CONTRACTING, INC., as a third-party defendant and that the caption has changed to read as entitled above. A copy of this statement has been served upon all of the attorneys appearing in this action as of this date. This case has not been noticed for trial. Dated: Albertson, New York September 28, 2018 BY: . Pigeon, Esq. hmuty, Demers & M us, Esqs. Attorneys for the endant /Third Party Plaintiffs SHUMAN 673/ ánd COOK & KRUPA, LLC s/h/a COOK & KRUPA, LLC. 200 1.U. Willets Road Albertson, New York I 1507 (516) 294-5433 Our File No.: NCSP 053618 LMP 1 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 To: Via Electronic Filing William Schwitzer & Associates, PC Brett E. Zuckerman, Esq. Attorneys for Plaintiff 10th 820 Second Avenue, Floor 299 Broadway, Suite 910 New York, New York 10017 (212) 683-3800 File# Sepl8-028 To: THIRD PARTY DEFENDANT TO BE SERVED c/o Secretary of State CCI CONTRACTING, INC. THIRD PARTY DEFENDANT TO BE SERVED Via Priority Mail CCI CONTRACTING, INC. 22 Verbena Avenue Attn: Mr. William Cavalieri Floral Park, New York 11001 2 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------------- -----------X JULIO IRALA-MARTINEZ, Index # 703644/2018 Plaintiff, -against- THIRD PARTY SUMMONS SHUMAN 673/16 LLC and COOK & KRUPA, LLC, Defendants. -------------------------- -------- ---------------------X SHUMAN 673/16 LLC AND COOK & KRUPA, LLC Third Party Plaintiffs, -against- CCI CONTRACTING, INC., Third Party Defendant. ----------------------------------------------- ¬-----------X TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT: You are hereby summoned and required to serve upon all parties an answer to the annexed complaints of the defendants/third party plaintiffs and of the plaintiff, which are hereby served upon you, together with all prior pleadings in the action, within 20 days after service thereof, exclusive of the day of service, or within 30 days after service is complete ifservice is made by any method other than personal delivery to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Third-Party Complaint. Dated: Albertson, New York September 28, 2018 BY: Lisa Ͻ. Pig . Ahmuty, Demers & McManus, Esqs. Attomeypfor the Defendants/Third Party Plaintiffs SHUMAN 673/16 C and COOK & KRUPA, LL s/h/a COO KRUPA, LLC. 200 . ts Road Albertson, New York I1507 (516) 294-5433 Our File No.: NCSP 053618 LMP 3 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 To: Via Electronic Filing William Schwitzer & Associates, PC Brett E. Zuckerman, Esq. Attorneys for Plaintiff 10th 820 Second Avenue, FlOOr 299 Broadway, Suite 910 New York, New York 10017 (212) 683-3800 File# Sep18-028 To: THIRD PARTY DEFENDANT TO BE SERVED c/o Secretary of State CCI CONTRACTING, INC. THIRD PARTY DEFENDANT TO BE SERVED Via Priority Mail CCI CONTRACTING, INC. 22 Verbena Avenue Attn: Mr. William Cavalieri Floral Park, New York 11001 4 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------------------------------------X JULIO IRALA-MARTINEZ, Index # 703644/2018 Plaintiff, -against- THIRD PARTY COMPLAINT SHUMAN 673/16 LLC and COOK & KRUPA, LLC, Defendants. ---------------------- ¬----------------- - ---- X SHUMAN 673/16 LLC AND COOK & KRUPA, LLC Third Party Plaintiffs, -against- CCI CONTRACTING, INC., Third Party Defendant. ------------------------------------------------------X The Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC, by its attomeys, AHMUTY, DEMERS & McMANUS, ESQS., as and for a Third Party Complaint against the third-party defendant, CCI CONTRACTING, INC., respectfully alleges upon information and belief: 1. At all times hereinafter mentioned, Defendant/Third Party Plaintiff, SHUMAN 673/16 LLC was and stillis a domestic limited liability company formed under the laws of the State of New York. 2. At all times herein mentioned, Defendant/Third Party Plaintiff, COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC was and still is a domestic limited liability company formed under the laws of the State of New York. 3. At all times hereinafter mentioned, Third Party Defendant, CCI CONTRACTING, INC. was and stillis a domestic business corporation formed under the laws of the State of New York. 5 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 4. That at all times hereinafter mentioned, the third-party defendant, CCI CONTRACTING, INC. was and stillis a domestic business corporation doing business in the State of New York. 5. That at all times hereinatter mentioned, the third-party defendant, CCI CONTRACTING, INC. was and stillis a domestic business corporation transacting business in the State of New York or as otherwise subject to the jurisdiction of the Courts of the State of New York pursuant to CPLR §302 and the case law there under. 6. That on and before February 20, 2018 the third-party defendant, CCI CONTRACTING, INC., was performing work at 34-01 Steinway Street, in Long Island City, Queens, New York. 7. That on or about March 2018 the plaintiff in this JULIO IRALA- 9, action, MARTINEZ commenced an action against Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC by service of a Summons and Verified Complaint bearing index number 703644/2018. A copy of plaintiff's Summons and Verified Complaint is annexed hereto as Exhibit "A". 8. That the plaintiff's Verified Complaint alleges that the plaintiff sustained personal injuries on or about February 20, 2018 at the location of 34-01 Steinway Street, in Long Island City, County of Queens, State of New York while working at that location for CCI CONTRACTING, INC. and the plaintiff seek money damages for these personal injuries as more particularly set forth in the attached hereto plaintiff's Verified Complaint. 6 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 9. That the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC have denied and continue to deny all of the material allegations in plaintiff's Verified Complaint. A copy of Defendants/Third Party Plaintiffs' Verified Answer to the Verified Complaint is annexed hereto as Exhibit "B". AS AND FOR THE FIRST CAUSE OF ACTION AS AGAINST CCI CONTRACTING, INC..FOR COMMON LAW INDEMNIFICATION AND/OR CONTRIBUTION 10. The Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC, repeat and reiterate each and every allegation "1" "9" contained in paragraphs through above as if more fully set forth at length herein. 11. That if the plaintiff was caused to sustain damages in the manner and at the time and place set forth in the plaintiff's Verified Complaint through any carelessness, recklessness or negligence, other than the plaintiff's own careless, recklessness, or negligence, then same was brought about and sustained by reason of carelessness, recklessness and negligence and/or acts of omission or commission by the third-party defendant, itsagents, servants and/or employees; and if any judgment is recovered by the plaintiff against the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC they will be damaged thereby and the third-party defendant, CCI CONTRACTING, INC. was or will be responsible therefore to the Defendants/Third Plaintiffs for indemnification and/or Party contribution. 12. That by reason of the foregoing, the third-party defendant, CCI CONTRACTING, INC., will be liable to the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC in the event and in the full amount of recovery herein by the plaintiff for that portion thereof caused the by 7 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 CCI INC. and the third- relative responsibility of the third-party defendant, CONTRACTING, defendant, CCI CONTRACTING, INC.. is bound to pay any and all attorney's fees and party cost of investigation and disbursements. AS AND FOR THE SECOND CAUSE OF ACTION AGAINST CCI CONTRACTING, INC. FOR CONTRACTUAL INDEMNIFICATION 13. The Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC repeat and reiterate each and every allegation "1" "12" contained in paragraphs through above as if more fully set forth at length herein. 14. That on October 25, 2017 the third-party defendant, CCI CONTRACTING, INC. . entered into a contract with Defendant/Third Party Plaintiff, SHUMAN 673/16 LLC whereby third-party defendant, CCI CONTRACTING INC., agreed to the fullest extent permitted by law to indemnify, defend and hold harmless the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC and Owner, Construction Manager, Architect, Consultants, and their respective officers, partners, members, affiliates, managers, shareholders, directors, agents, employees, successors, and assigns (collectively, "Indemnitees", individual, "Indemnitee") from an against all losses, claims (including, but not limited to those alleging injury to third party or damage to property of third parties), causes of action, lawsuits, costs damages, and expenses (including the deductible attorneys' amount of any insurance and, without limitation, fees and disbursements), due to: (i) any personal injury, sickness, disease or death, or damage or injury to, loss of or destruction of property (including tools, equipment, plant and the buildings at the Project site,but excluding the Work itself),including the loss of use resulting therefrom sustained at the Project; (ii) any act or omission of Contractor, itsemployees, subcontractors, representatives or other persons for whom Contractor is responsible; (iii) any breach, violation or non-performance of any covenant, 8 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 condition or agreement in this Agreement by Contractor, its subcontractors or suppliers, or anyone for whose acts Contractor, its subcontractors and suppliers may be liable, and (iv) any claim asserted or lien or notice of lien filed, by any subcontractor or supplier against the Project, "C" or against any Indemnitee in connection with the Work. Annexed hereto as Exhibit is a copy of the contract. 15. That said contract was in full force and effect on February 20, 2018. 16. That ifthe plaintiff was injured in the manner claimed in the plaintiff's Verified Complaint, the third-party defendant, CCI CONTRACTING, INC. is bound under the terms of this aforesaid contract to indemnify and hold harmless the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC 17. That to date said third-party defendant, CCI CONTRACTING, INC.. has refused and stillrefuses to honor itsobligations under the aforesaid contract allto the continuing harm and expense to the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC. 18. That by reason of the foregoing, the third-party defendant, CCI CONTRACTING, INC. will be liable to the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC for the full amount of any recovery which might be had against the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC and shall be bound to pay all costs, disbursements and/or attorney's fees. 9 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 AS AND FOR THE THIRD CAUSE OF ACTION AGAINST CCI CONTRACTING, INC. FOR BREACH OF CONTRACT 19. The Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC, repeat and reiterate each and every allegation "1" "18" contained in paragraphs through above as if more fully set forth at length herein. 20. That on October 25, 2017 the third-party defendant, CCI CONTRACTING, INC. and Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC entered into a contract for the performance of work at 34-01 Steinway Street, in Long Island City, County of Queens, State of New York 21. That said contract was in full force and effect on February 20, 2018. 22. That the third-party defendant, breached said contract in that said third-party defendant, CCI CONTRACTING INC. failed to comply with its aforesaid obligations under the terms and provisions of the contract. 23. That as a result of said breach, the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC have been injured herein. 24. That by reason of the foregoing, the third-party defendant, CCI CONTRACTING, INC. will be liable to the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC for the full amount of any recovery which might be had against the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC and 10 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 third-party defendant, CCI CONTRACTING INC. is and shall be bound to pay all costs, disbursements and/or attorney's fees. AS AND FOR THE FOURTH CAUSE OF ACTION AGAINST CCI CONTRACTING, INC. FOR FAILURE TO PROCURE INSURANCE 25. The Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC, repeat and reiterate each and every allegation "1" "24" contained in paragraphs through above as if more fully set forth at length herein. 26. That pursuant to the above mentioned contract, the third-party defendant, CCI CONTRACTING, INC. undertook certain duties and obligations including procurement of a general liability insurance policy with limits of no less than One Million Dollars ($10,000,000.00) per occurrence and excess with limits of no less than Four Million Dollars ($5,000,000.00) per occurrence. 27. That third-party defendant, CCI CONTRACTING, INC. was required to name Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLCas an additional insured on such insurance policies and that said insurance applies on a primary basis. 28. If the plaintiff sustained injuries and damages as alleged in the plaintiff's Verified Complaint, they were sustained within the provisions of the aforesaid contract and/or the terms and conditions emanating there from including warranties contained therein and/or implied there from by operation of law or otherwise. 29. That ifthe plaintiff was caused to sustain the injuries and damages as set forth in the plaintiff's Verified Complaint, through any carelessness, recklessness and/or negligence or culpable conduct other than that of the plaintiff, the third-party defendant, CCI 11 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 CONTRACTING, INC. and/or its insurance carriers are or will be primarily responsible in full thereof. WHEREFORE, the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND LLC s/h/a COOK & LLC demands judgment on the Third- KUPRA, KRUPA, Party Complaint herein as to third-party defendant, CCI CONTRACTING, INC. with costs and disbursements; and Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC have judgment over and against the third- party defendant, CCI CONTRACTING, INC. for all or that portion of any verdict or judgment which may be had against the Defendants/Third Party Plaintiffs, SHUMAN 673/16 LLC and COOK AND KUPRA, LLC s/h/a COOK & KRUPA, LLC together with the costs and disbursements ofthis action plus all attorney's fees and allother costs associated herein. Dated: Albertson, New York September 28, 2018 BY: isa M. Pigeon, sq. Ahmuty, Demers cManus, Esqs. Attorneys foJAhfDefe ants/third party plaintiffs SHUMAN 673/16 LLC a d COOK & KRUPA, LLC s/ /a COOK & KRUPA, LLC. 200 I.IAXillets Albertson, New York 11507 (516) 294-5433 Our File No.: NCSP 053618 LMP To: Via Electronic Filing William Schwitzer & Associates, PC Brett E. Zuckerman, Esq. Attorneys for Plaintiff 820 Second 10th FlOOr Avenue, 299 Broadway, Suite 910 New York, New York 10017 (212) 683-3800 File# Sep18-028 12 of 13 FILED: QUEENS COUNTY CLERK 10/01/2018 11/04/2022 12:46 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 13 88 RECEIVED NYSCEF: 10/01/2018 11/04/2022 To: THIRD PARTY DEFENDANT TO BE SERVED c/o Secretary of State CCI CONTRACTING, INC. THIRD PARTY DEFENDANT TO BE SERVED Via Priority Mail CCI CONTRACTING, INC. 22 Verbena Avenue Attn: Mr. William Cavalieri Floral Park, New York 1 1001 13 of 13