Preview
(FILED: BRONX COUNTY CLERK 1270172022 10:23 AM INDEX NO. 35204/2020E
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/01/2022
EXHIBIT ANYSCEF DOC. NO. 29
INDEX NO. 35204/2020E
RECEIVED NYSCEF: @9/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
AZFAL BACCHUS,
Plai
— against —
676 EAST 179 LLC an
GROUP LLC,
676 EAST 179 LLC an
GROUP LLC,
T
— against —
Index No. 35204/2020
THIRD-PARTY SUMMONS
DNA MANAGEMENT
ird-Party Plaintiffs,
RUDY’S SERVICE’S INC.
T
hird-Party Defendant.
TO THE ABOVE-NAMED THIRD PARTY DEFENDANT(S):
YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of
appearance on Defendants/Third-Party Plaintiffs 676 EAST 179 LLC and DNA
MANAGEMENT GROUP LLC at the address set forth below within 20 days after the service of
this Summons (not counting the day of service itself), or within 30 days after service is complete
if the Summons is not delivered personally to you within the State of New Y ork.
YOU ARE HEREBY NOTIFIED THAT, should you fail to answer or appear, a
judgment will be entered
Party Complaint.
against you by default for the relief demanded in the Verified Third-
[THIS SPACE INTENTIONALLY LEFT BLANK]
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: @9/03/2022
Dated: New Y ork, New Y ork
September12 , 2022
Leon I. Behar, Esq.
LEON I. BEHAR, P.C.
Attorneys for Third-Party Plaintiffs
347 Fifth Avenue, Suite 1506
New Y ork, New Y ork 10016
(212) 242-0500
(212) 242-0518 (fax)
(917) 860-0329 (cell)
Email: LBEHAR@AOL.COM
Third Party Defendant’s Address:
Rudy’s Service’s Inc.
187-09 91% Avenue
Hollis, New Y ork 11423
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: @9/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
AZFAL BACCHUS, Index No. 35204/2020
Plaintiff,
VERIFIED THIRD-PARTY
— against — COMPLAINT
676 EAST 179 LLC and DNA MANAGEMENT
GROUP LLC,
676 EAST 179 LLC and DNA MANAGEMENT
GROUP LLC,
Third-Party Plaintiffs,
— against —
RUDY’S SERVICE’S INC.
Third-Party Defendant.
Third-Party Plaintiffs, 676 EAST 179 LLC and DNA MANAGEMENT GROUP LLC
(hereinafter “Third-Party Plaintiffs) by its attorneys, Leon I. Behar, P.C., as and for its Third-
Party Complaint, asserts the following claims against Rudy’s Service’s Inc. (“Third-Party
Defendant”).
THE PARTIES
1. Third-Party Plaintiff 676 East 179 LLC is a domestic limited liability company
organized under the Laws of the State of New Y ork and is the owner of the property known as
676 East 179" Street, Bronx, New Y ork 10457 (the “Premises”).
3 0f 8NYSCEF DOC. NO. 29
2. Third-Party Plaintiff DNA MANAGEMENT GROUP LLC is a domestic limited
liability company organized under the Laws of the State of New Y ork and conducting business
in the State of New Y ork.
3. Upon information and belief, Third-Party Defendant, RUDY’S SERVICES INC.,
is a domestic business corporation duly organized under the laws of the State of New Y ork.
Third-Party Defendant was acting as a contractor at the construction site located at the Premises
and employed Plaintiff Azfal Bacchus to perform work at the construction site.
RELEVANT FACTS
4. On or prior to November 11, 2020, construction and/or renovation and/or repair
work and/or demolition work was underway inside the Premises. NY SCEF 1.
5. On November 11, 2020, Rudy’s Services, Inc. was acting as a contractor at the
construction site as aforesaid. NY SCEF 1.
6. Plaintiff, Azfal Bacchus, was employed by Rudy’s Services, Inc. and was
performing his work at the construction site as aforesaid. NY SCEF 1.
7. Plaintiff, Azfal Bacchus, alleges that on or about November 11, 2020, Plaintiff
was injured on the Premises in the course of his employment. NY SCEF 1.
8. Third-Party Defendant, at the time of these alleged injuries, was working for
Third-Party Plaintiff 676 East 179 LLC in providing construction services on the Premises.
Rudy’s Services Invoice is annexed hereto as Exhibit “A” and referenced herein as if fully set
orth below.
9. Third-Party Defendant was therefore liable, during the time period noted in
Plaintiff's Complaint (NY SCEF 1) for injuries occurring in connection with work performed on
the Premises.
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10. Third-Party Defendant was further responsible for acquiring liability insurance
and workers compensation in connection with work being performed on the Premises during this
same timeframe.
11. On these grounds, Third-Party Plaintiffs should be indemnified against any
injuries to Plaintiff, Azfal Bacchus, by Third-Party Defendant.
AS AND FOR A FIRST CAUSE OF ACTION
Common Law Indemnification
12. Plaintiff hereby repeats and realleges paragraphs 1 to 11 of the Third-Party
Complaint as if fully set forth herein.
13. f Plaintiff sustained damages in the manner alleged in the Complaint, such
damages were caused solely by the negligence and/or other culpable conduct of the Third-Party
Defendant as alleged above inter alia, or by their agents or employees, and not by any negligence
or other culpable conduct of the Third-Party Plaintiffs.
14. By reason of the foregoing, these Third-Party Plaintiffs are entitled to common-
law indemnification from, and to have judgment over and against, Third-Party Defendant for all
of any verdict or judgment that Plaintiff may recover against Defendants, including attorneys'
fees, costs, and disbursements incurred by Defendants.
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NYSCEF DOC. NO. 29
WHEREFORE, Third-Party Plaintiffs demands judgment against Third-Party Defendant as
follows:
a. On the first cause of action, for indemnification on the claims Plaintiff have made
against Defendants by Complaint; and
b. Such other and further relief as to the Court may seem just and proper.
Dated: New Y ork, New Y ork
September 12, 2022
Leon I. Behar, Esq.
LEON I. BEHAR, P.C.
Attorneys for Third-Party Plaintiffs
347 Fifth Avenue, Suite 1506
New Y ork, New Y ork 10016
(212) 242-0500
(212) 242-0518 (fax)
(917) 860-0329 (cell)
Email: LBEHAR@AOL.COM
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/03/2022
VERIFICATION
State of New York ‘ «
County of New York )
Aviram Chen, being duly sworn, deposes and says:
1. Tam a Managing Member of 676 East 179 LLC and DNA Management
Group LLC, Defendants and Third-Party Plaintiffs of the within action.
De Deponent has read the foregoing Third-Party Summons and Verified
Third-Party Complaint and knows the contents thereof; and the same is true to Deponent’s own
knowledge, except as to the matters therein stated to be alleged upon information and belief, and
as to those matters, Deponent believes them to be true.
3. This Verification is made by Deponent because the essential facts in the
pleadings are within the personal knowledge and/or belief of the Deponent, and because
Deponent has been authorized to execute the within document on behalf of the Third-Party
Plaintiffs and 676 East 179 LLC and DNA Management Group LLC.
ram Chen
Sworn to before me this
LEON ISIDORE BEHAR
Notary Public, State of New York
No. 02BE4781657
Quaiified in Nassau County) 2
Commission Expires June 30, 20 <~)
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: @9/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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AZFAL BACCHUS, Index No. 35204/2020
Plaintiff,
— against —
676 EAST 179 LLC and DNA MANAGEMENT GROUP
LLC,
Defendants.
ween eee ee neecceeen nce cence ee neeeceenneceeeeneeeennneeeeenneee xX
676 EAST 179 LLC and DNA MANAGEMENT GROUP
LLC,
Third-Party Plaintiffs,
— against —
RUDY’S SERVICE’S INC.
Third-Party Defendant.
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THIRD-PARTY SUMMONS AND VERIFIED THIRD-PARTY COMPLAINT
LEON I. BEHAR, P.C.
Attorneys for Third-Party Plaintiffs
347 Fifth Avenue, Suite 1506
New Y ork, New Y ork 10016
(212) 242-0500
(212) 242-0518 (fax)
(917) 860-0329 (cell)
Email: LBEHAR@AOL.COM
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to the Courts of the
State of New York, hereby certifies that, upon information and belief, and reasonable inquiry, the
contentions stated in the annexed documents are not frivolous.
Dated: September 12, 2022
Leow |. Behar
LEON I. BEHAR, ESQ.
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Preview
(FILED: BRONX COUNTY CLERK 1270172022 10:23 AM INDEX NO. 35204/2020E NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/01/2022 EXHIBIT ANYSCEF DOC. NO. 29 INDEX NO. 35204/2020E RECEIVED NYSCEF: @9/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX AZFAL BACCHUS, Plai — against — 676 EAST 179 LLC an GROUP LLC, 676 EAST 179 LLC an GROUP LLC, T — against — Index No. 35204/2020 THIRD-PARTY SUMMONS DNA MANAGEMENT ird-Party Plaintiffs, RUDY’S SERVICE’S INC. T hird-Party Defendant. TO THE ABOVE-NAMED THIRD PARTY DEFENDANT(S): YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on Defendants/Third-Party Plaintiffs 676 EAST 179 LLC and DNA MANAGEMENT GROUP LLC at the address set forth below within 20 days after the service of this Summons (not counting the day of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New Y ork. YOU ARE HEREBY NOTIFIED THAT, should you fail to answer or appear, a judgment will be entered Party Complaint. against you by default for the relief demanded in the Verified Third- [THIS SPACE INTENTIONALLY LEFT BLANK] 1 of 85 INDEX NO. 35204/2020E NYSCEF DOC. NO. 29 RECEIVED NYSCEF: @9/03/2022 Dated: New Y ork, New Y ork September12 , 2022 Leon I. Behar, Esq. LEON I. BEHAR, P.C. Attorneys for Third-Party Plaintiffs 347 Fifth Avenue, Suite 1506 New Y ork, New Y ork 10016 (212) 242-0500 (212) 242-0518 (fax) (917) 860-0329 (cell) Email: LBEHAR@AOL.COM Third Party Defendant’s Address: Rudy’s Service’s Inc. 187-09 91% Avenue Hollis, New Y ork 11423 2 of 8BR Fi INDEX NO. 35204/2020E NYSCEF DOC. NO. 29 RECEIVED NYSCEF: @9/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX AZFAL BACCHUS, Index No. 35204/2020 Plaintiff, VERIFIED THIRD-PARTY — against — COMPLAINT 676 EAST 179 LLC and DNA MANAGEMENT GROUP LLC, 676 EAST 179 LLC and DNA MANAGEMENT GROUP LLC, Third-Party Plaintiffs, — against — RUDY’S SERVICE’S INC. Third-Party Defendant. Third-Party Plaintiffs, 676 EAST 179 LLC and DNA MANAGEMENT GROUP LLC (hereinafter “Third-Party Plaintiffs) by its attorneys, Leon I. Behar, P.C., as and for its Third- Party Complaint, asserts the following claims against Rudy’s Service’s Inc. (“Third-Party Defendant”). THE PARTIES 1. Third-Party Plaintiff 676 East 179 LLC is a domestic limited liability company organized under the Laws of the State of New Y ork and is the owner of the property known as 676 East 179" Street, Bronx, New Y ork 10457 (the “Premises”). 3 0f 8NYSCEF DOC. NO. 29 2. Third-Party Plaintiff DNA MANAGEMENT GROUP LLC is a domestic limited liability company organized under the Laws of the State of New Y ork and conducting business in the State of New Y ork. 3. Upon information and belief, Third-Party Defendant, RUDY’S SERVICES INC., is a domestic business corporation duly organized under the laws of the State of New Y ork. Third-Party Defendant was acting as a contractor at the construction site located at the Premises and employed Plaintiff Azfal Bacchus to perform work at the construction site. RELEVANT FACTS 4. On or prior to November 11, 2020, construction and/or renovation and/or repair work and/or demolition work was underway inside the Premises. NY SCEF 1. 5. On November 11, 2020, Rudy’s Services, Inc. was acting as a contractor at the construction site as aforesaid. NY SCEF 1. 6. Plaintiff, Azfal Bacchus, was employed by Rudy’s Services, Inc. and was performing his work at the construction site as aforesaid. NY SCEF 1. 7. Plaintiff, Azfal Bacchus, alleges that on or about November 11, 2020, Plaintiff was injured on the Premises in the course of his employment. NY SCEF 1. 8. Third-Party Defendant, at the time of these alleged injuries, was working for Third-Party Plaintiff 676 East 179 LLC in providing construction services on the Premises. Rudy’s Services Invoice is annexed hereto as Exhibit “A” and referenced herein as if fully set orth below. 9. Third-Party Defendant was therefore liable, during the time period noted in Plaintiff's Complaint (NY SCEF 1) for injuries occurring in connection with work performed on the Premises. 4 of 8 INDEX NO. 35204/2020E RECEIVED NYSCEF: @9/03/2022BR Fi INDEX NO. 35204/2020E NYSCEF DOC. NO. 29 RECEIVED NYSCEF: @9/03/2022 10. Third-Party Defendant was further responsible for acquiring liability insurance and workers compensation in connection with work being performed on the Premises during this same timeframe. 11. On these grounds, Third-Party Plaintiffs should be indemnified against any injuries to Plaintiff, Azfal Bacchus, by Third-Party Defendant. AS AND FOR A FIRST CAUSE OF ACTION Common Law Indemnification 12. Plaintiff hereby repeats and realleges paragraphs 1 to 11 of the Third-Party Complaint as if fully set forth herein. 13. f Plaintiff sustained damages in the manner alleged in the Complaint, such damages were caused solely by the negligence and/or other culpable conduct of the Third-Party Defendant as alleged above inter alia, or by their agents or employees, and not by any negligence or other culpable conduct of the Third-Party Plaintiffs. 14. By reason of the foregoing, these Third-Party Plaintiffs are entitled to common- law indemnification from, and to have judgment over and against, Third-Party Defendant for all of any verdict or judgment that Plaintiff may recover against Defendants, including attorneys' fees, costs, and disbursements incurred by Defendants. [THIS SPACE INTENTIONALLY LEFT BLANK] 5 of 8INDEX NO. 35204/2020E RECEIVED NYSCEF: @9/03/2022 NYSCEF DOC. NO. 29 WHEREFORE, Third-Party Plaintiffs demands judgment against Third-Party Defendant as follows: a. On the first cause of action, for indemnification on the claims Plaintiff have made against Defendants by Complaint; and b. Such other and further relief as to the Court may seem just and proper. Dated: New Y ork, New Y ork September 12, 2022 Leon I. Behar, Esq. LEON I. BEHAR, P.C. Attorneys for Third-Party Plaintiffs 347 Fifth Avenue, Suite 1506 New Y ork, New Y ork 10016 (212) 242-0500 (212) 242-0518 (fax) (917) 860-0329 (cell) Email: LBEHAR@AOL.COM 6 of 8INDEX NO. 35204/2020E NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/03/2022 VERIFICATION State of New York ‘ « County of New York ) Aviram Chen, being duly sworn, deposes and says: 1. Tam a Managing Member of 676 East 179 LLC and DNA Management Group LLC, Defendants and Third-Party Plaintiffs of the within action. De Deponent has read the foregoing Third-Party Summons and Verified Third-Party Complaint and knows the contents thereof; and the same is true to Deponent’s own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters, Deponent believes them to be true. 3. This Verification is made by Deponent because the essential facts in the pleadings are within the personal knowledge and/or belief of the Deponent, and because Deponent has been authorized to execute the within document on behalf of the Third-Party Plaintiffs and 676 East 179 LLC and DNA Management Group LLC. ram Chen Sworn to before me this LEON ISIDORE BEHAR Notary Public, State of New York No. 02BE4781657 Quaiified in Nassau County) 2 Commission Expires June 30, 20 <~) 7 of 8BR Fi INDEX NO. 35204/2020E NYSCEF DOC. NO. 29 RECEIVED NYSCEF: @9/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ceeeeee ee eeecceeen eee eenec eee neee cee neceeeeneeeeeeenceeennee xX AZFAL BACCHUS, Index No. 35204/2020 Plaintiff, — against — 676 EAST 179 LLC and DNA MANAGEMENT GROUP LLC, Defendants. ween eee ee neecceeen nce cence ee neeeceenneceeeeneeeennneeeeenneee xX 676 EAST 179 LLC and DNA MANAGEMENT GROUP LLC, Third-Party Plaintiffs, — against — RUDY’S SERVICE’S INC. Third-Party Defendant. ween eee eeneecce een ee cece nneceneeeeeeeneeeceenneeceneeeeeeeneee xX THIRD-PARTY SUMMONS AND VERIFIED THIRD-PARTY COMPLAINT LEON I. BEHAR, P.C. Attorneys for Third-Party Plaintiffs 347 Fifth Avenue, Suite 1506 New Y ork, New Y ork 10016 (212) 242-0500 (212) 242-0518 (fax) (917) 860-0329 (cell) Email: LBEHAR@AOL.COM Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to the Courts of the State of New York, hereby certifies that, upon information and belief, and reasonable inquiry, the contentions stated in the annexed documents are not frivolous. Dated: September 12, 2022 Leow |. Behar LEON I. BEHAR, ESQ. 8 of 8