Preview
FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------------X
ANTOMIO ESP1NOSA, Index No. 515277/2018
Plaintiff,
NOTICE PURSUANT TO
- against - CPLR 3402
MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC.,
Defendants.
-------------------------------------------------------------------------X
MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC.,
Third-Party Plaintiffs,
-against-
GILMAR DESIGN CORPORATION,
Third-Party Defendant.
______________________________________ ______________ --- X
COUNSELORS:
PLEASE TAKE NOTICE, pursuant to Civil Practice Law and Rules ("CPLR") Rule
3402(b), that defendants, MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC., have
impleaded, as a third-party defendant, GILMAR DESIGN CORPORATION. A copy of this
statement has been served upon all attorneys appearing in this action as of the date hereon. The
Note of Issue has not yet been filed in this action.
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Dated: New York, New York
October 29, 2019
HAVKINS ROSENF 4 LD RITZERT
& VARRIALE, L
By:
istopher M. Gibbons, Esq.
Attorneys or Defendant/Third-Party Plaintiff
MAC 60 LLC and ROYAL HOME
IMPROVEMENTS INC.
114 Old Country Road, Suite 300
Mineola, New York 11501
(516) 620-1700
HRRV File No.: 10280-000205
TO:
Jacob Oresky, Esq.
ORESKY & ASSOCIATES, PLLC
Attorneys for Plaintiff
149th
149 East Street
Bronx, NY 10451
(718) 993-9999
File No.: 18-1005
(Via Secretary of State)
GILMAR DESIGN CORP.
Third-Party Defendant
1773 East 19th Street, Suite 4A,
Brooklyn, New York 11229
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------X
ANTONIO ESP1NOSA, Index No. 515277/2018
Plaintiff,
THIRD-PARTY
- against - SUMMONS
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS INC.,
Defendants.
-------------------------------------------------------------------------X
MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC.,
Third-Party Plaintiffs,
-against-
GILMAR DESIGN CORPORATION,
Third-Party Defendant.
------------------------------------------------------------------------X
TO THE ABOVE-NAMED SECOND THIRD-PARTY DEFENDANT:
YOU ARE HEREBY SUMMONED and required to serve upon the Defendant/Second
Plaintiffs'
Third-Party attorneys, HAVKINS ROSENFELD RITZERT & VARRIALE, LLP, and
the Plaintiff's attorneys, ORESKY & ASSOCIATES, PLLC, an Answer to the Third-Party
Complaint in this action within twenty (20) days after service of this summons, exclusive of the
day of service, or within thirty (30) days after service is complete if this summons is not
personally delivered 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 complaint.
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Dated: New York, New York
October 29, 2019
HAVKINS ROSENF D RITZERT
& VARRIAL , LLP
By:
tristopher M. Gibbons, Esq.
Attorneys for Defendant/Third-Party Plaintiff
MAC 60 LLC and ROYAL HOME
IMPROVEMENTS INC.
114 Old Country Road, Suite 300
Mineola, New York 11501
(516) 620-1700
HRRV File No.: 10280-000205
TO:
Jacob Oresky, Esq.
ORESKY & ASSOCIATES, PLLC
Attorneys for Plaintiff
149*
149 East Street
Bronx, NY 10451
(718) 993-9999
File No.: 18-1005
(Via Secretary of State)
GILMAR DESIGN CORP.
Third-Party Defendant
1773 East 19th Street, Suite 4A,
Brooklyn, New York 11229
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-- -----------------------------------------------------------------X
ANTONIO ESPINOSA, Index No. 515277/2018
Plaintiff,
THIRD-PARTY
- against - COMPLAINT
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS INC.,
Defendants.
------------------------------------------------X
MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC.,
Third-Party Plaintiffs,
-against-
GILMAR DESIGN CORPORATION,
Third-Party Defendant.
------------- ----------------------------------------------X
TO: THIRD-PARTY DEFENDANT GILMAR DESIGN CORPORATION
Defendant/Third-Party Plaintiffs, MAC 60 LLC and ROYAL HOME IMPROVEMENTS
INC., by and through their attorneys, Havkins Rosenfeld Ritzert & Varriale, LLP, as and for their
Verified Third-Party Complaint against Third-Party Defendant GILMAR DESIGN
CORPORATION, hereby alleges as follows:
NATURE OF ACTION
1. This is a third-party action brought pursuant to Civil Practice Law and Rules
("CPLR") section 1007 for: (i) contractual indemnification; (ii) common law indemnification;
(iii) common law contribution; and (iv) breach of contract for failure to procure insurance, all in
3
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connection with the first-party action brought by plaintiff ANTONIO ESPINOSA against MAC
60 LLC and ROYAL HOME IMPROVEMENTS.
THE PARTIES
2. Upon information and belief, plaintiff ANTONIO ESPINOSA ("ESPINOSA") is
an individual residing in Kings County, New York.
3. MAC 60 LLC ("MAC 60') is a domestic limited corporation existing by and
under the laws of the state of New York and duly authorized to do business in New York.
4. ROYAL HOME IMPROVEMENTS. ("ROYAL HOME") is a domestic business
corporation existing by and under the laws of the state of New York and duly authorized to do
business in New York.
5. GILMAR DESIGN CORPORATION ("GILMAR") is a domestic business
corporation existing by and under the laws of the state of New York and duly authorized to do
business in New York.
6. GILMAR is a foreign business corporation existing by and under the laws of the
state of New York and duly authorized to do business in New York
7. GILMAR maintains a principal place of business at 1773 East 19 Street, Suite 4A
Brooklyn, New York.
8. GILMAR is involved in the business of building construction and/or renovation.
9. GILMAR transacted business in the State of New York, and those transactions
give rise to the alleged accident that forms the basis of this action.
10. GILMAR does business in the State of New York.
4
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THE FIRST PARTY ACTION
11. On or about July 26, 2018, ESPINOSA commenced an action against MAC 60
and ROYAL HOME in this court ("the first-party action"). Without admitting any of the
"A"
allegations contained therein, annexed hereto as Exhibit is a true and accurate copy of
ESPINOSA's Summons and Verified Complaint.
12. ROYAL HOME interposed a Verified Answer to ESPINOSA's Verified
Complaint on or about December 6, 2018. MAC 60 interposed a Verified Answer on September
17, 2019. ROYAL HOME interposed an Amended Verified Answer on September 17, 2019.
"B."
True and accurate copies of the aforementioned Answers are annexed hereto as Exhibit
13. Without admitting any of the allegations contained therein, in the Verified
Complaint, ESP1NOSA claims to have been injured at the premises located at 2357 60th Street,
Brooklyn, New York ("the subject premises") on January 11, 2018 due to the alleged negligence
of the defendants/third-party plaintiffs.
THE PROJECT AND THE CONTRACT
14. Upon information and belief, MAC 60 was the owner of the subject premises on
January 11, 2018.
15. Prior to the date of the alleged accident, MAC 60 retained ROYAL HOME to
perform certain construction and/or renovation work at the subject premises.
16. By way of a written contract or agreement, ROYAL HOME retained GILMAR as
a sub-contractor to perform various work and render certain services in relation to construction
and/or renovation work at the subject premises (the "Subcontract").
5
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17. Pursuant to the Subcontract, GILMAR agreed to indemnify, defend and hold
harmless MAC 60 and ROYAL HOME from any claims and/or damages arising out of
GILMAR's work under the contract.
18. Pursuant to the Subcontract, GILMAR was required to procure insurance,
including but not limited to commercial general liability insurance, for the benefit of MAC 60
and ROYAL HOME, as additional insureds, for all claims arising out of, or resulting from,
GILMAR's work under the Subcontract.
19. To the extent ESPINOSA's accident occurred as alleged in the Verified
Complaint, which is expressly denied, said accident arose out of or resulted from GILMAR's
work under the Subcontract.
20. Plaintiff was in the scope of his employment with GILMAR when the alleged
accident occurred.
21. Plaintiff was under the direction, supervision and control of GILMAR on the date
of the alleged accident.
22. To the extent ESPINOSA's accident occurred as alleged in the Verified
Complaint, which is expressly denied, said accident was caused by the negligence of GILMAR,
and not due to any negligence on the part of MAC 60 or ROYAL HOME.
AS AND FOR A FIRST CAUSE OF ACTION
FOR CONTRACTUAL INDEMNIFICATION
23. Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, repeat, reiterate
"1" "22"
and reallege each and every allegation contained in paragraphs to of this Third-Party
Complaint with the same force and effect as if fully set forth herein.
24. That prior to January 11, 2018, GILMAR agreed to perform work at the subject
premises pursuant to the aforementioned Subcontract.
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25. That the Subcontract was in effect on the date of loss set forth in Plaintiff's
Verified Complaint.
26. That the Subcontract required GILMAR to indemnify, defend and hold harmless
Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, their agents and employees from
and against all claims, costs, expenses or liabilities arising out of or resulting from the
performance of the GILMAR's work.
27. If and in the event the Plaintiff sustained damages as alleged in the Plaintiff's
Verified Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, MAC 60 or
ROYAL HOME, said damages were caused by the negligence, culpable conduct, wrongful acts,
acts and/or omissions of GILMAR, its agents, servants and/or employees.
Plaintiffs'
28. The damages, if any, arose from GILMAR's performance of its work.
29. The Plaintiff's damages, if any, arose from the negligence of GILMAR, its agents,
servants, employees and/or subcontractors.
30. By reason of the foregoing, the Defendants/Third-Party Plaintiffs, MAC 60 or
ROYAL HOME, are entitled to contractual indemnification from, and to have judgment over and
against GILMAR for all or part of any verdict or judgment that the plaintiff may recover against
the Defendants/Third-Party Plaintiffs, based upon the prior agreement which requires GILMAR
to hold harmless, indemnify and otherwise fully reimburse the Defendants/Third-Party Plaintiffs,
MAC 60 or ROYAL HOME, for all costs and expenses incurred as a result of this lawsuit,
including but not limited to payment of any judgment, payment of attorney's fees and payment
of all other costs and expenses incurred by the Defendants/Third-Party Plaintiffs, MAC 60 or
ROYAL HOME.
7
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AS AND FOR A SECOND CAUSE OF ACTION
FOR CONTRACTUAL CONTRIBUTION
31. Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, repeat, reiterate
"1" "30"
and reallege each and every allegation contained in paragraphs to of this Third-Party
Complaint with the same force and effect as if fully set forth herein.
32. That prior to January 11, 2018, GILMAR agreed to perform work at the subject
premises pursuant to the aforementioned Subcontract.
33. That the Subcontract was in effect on the date of loss set forth in Plaintiff's
Verified Complaint.
34. That the Subcontract required GILMAR to indemnify, defend and hold harmless
Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, their agents and employees from
and against all claims, costs, expenses or liabilities arising out of or resulting from the
performance of the GILMAR's work.
35. If and in the event the Plaintiff sustained damages as alleged in the Plaintiff's
Verified Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, MAC 60 or
ROYAL HOME, said damages were caused by the negligence, culpable conduct, wrongful acts,
acts and/or omissions of GILMAR, its agents, servants and/or employees.
Plaintiffs'
36. The damages, if any, arose from GILMAR's performance of its work.
37. The Plaintiff's damages, if any, arose from the negligence of GILMAR, its agents,
servants, employees and/or subcontractors.
38. By reason of the foregoing, the Defendants/Third-Party Plaintiffs, MAC 60 or
ROYAL HOME, are entitled to contractual contribution from, and to have judgment over and
against GILMAR for all or part of any verdict or judgment that the plaintiff may recover against
the Defendants/Third-Party Plaintiffs, based upon the prior agreement which requires GILMAR
8
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to hold harmless, indemnify and otherwise fully reimburse the Defendants/Third-Party Plaintiffs,
MAC 60 or ROYAL HOME, for all costs and expenses incurred as a result of this lawsuit,
including but not limited to payment of any judgment, payment of attorney's fees and payment
of all other costs and expenses incurred by the Defendants/Third-Party Plaintiffs, MAC 60 or
ROYAL HOME.
AS AND FOR A THIRD CAUSE OF ACTION FOR COMMON LAW INDEMNITY
39. Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, repeat, reiterate
"1" "38"
and reallege each and every allegation contained in paragraphs to of this Third-Party
Complaint with the same force and effect as if fully set forth herein.
40. In the event the Plaintiff sustained any damages as alleged in the Verified
Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, MAC 60 or
ROYAL HOME, said damages were caused by the negligence, acts and/or omissions, culpable
conduct, wrongful acts of GILMAR, its agents, servants and/or employees, and not through any
negligence, culpable or wrongful conduct on the part of the Defendants/Third-Party Plaintiffs,
their agents, servants, and/or employees.
41. If and in the event the Plaintiff sustained damages as alleged in the Plaintiff's
Verified Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, Plaintiff
injury" Workers'
sustained a "grave as defined by the Compensation Law.
42. By reason of the foregoing, the Defendants/Third-Party Plaintiffs, MAC 60 or
ROYAL HOME, are entitled to judgment over and against GILMAR for common law
indemnification for all or part of any verdict or judgment that Plaintiff may recover against the
Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME.
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AS AND FOR A FOURTH CAUSE OF ACTION FOR CONTRIBUTION
43. Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, repeat, reiterate
"1" "42"
and reallege each and every allegation contained in paragraphs to of this Third-Party
Complaint with the same force and effect as if fully set forth herein.
44. In the event the Plaintiff sustained any damages as alleged in the Verified
Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, said damages were
caused
Preview
FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------------X ANTOMIO ESP1NOSA, Index No. 515277/2018 Plaintiff, NOTICE PURSUANT TO - against - CPLR 3402 MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC., Defendants. -------------------------------------------------------------------------X MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC., Third-Party Plaintiffs, -against- GILMAR DESIGN CORPORATION, Third-Party Defendant. ______________________________________ ______________ --- X COUNSELORS: PLEASE TAKE NOTICE, pursuant to Civil Practice Law and Rules ("CPLR") Rule 3402(b), that defendants, MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC., have impleaded, as a third-party defendant, GILMAR DESIGN CORPORATION. A copy of this statement has been served upon all attorneys appearing in this action as of the date hereon. The Note of Issue has not yet been filed in this action. 1 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 Dated: New York, New York October 29, 2019 HAVKINS ROSENF 4 LD RITZERT & VARRIALE, L By: istopher M. Gibbons, Esq. Attorneys or Defendant/Third-Party Plaintiff MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC. 114 Old Country Road, Suite 300 Mineola, New York 11501 (516) 620-1700 HRRV File No.: 10280-000205 TO: Jacob Oresky, Esq. ORESKY & ASSOCIATES, PLLC Attorneys for Plaintiff 149th 149 East Street Bronx, NY 10451 (718) 993-9999 File No.: 18-1005 (Via Secretary of State) GILMAR DESIGN CORP. Third-Party Defendant 1773 East 19th Street, Suite 4A, Brooklyn, New York 11229 2 2 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------X ANTONIO ESP1NOSA, Index No. 515277/2018 Plaintiff, THIRD-PARTY - against - SUMMONS MAC 60 LLC AND ROYAL HOME IMPROVEMENTS INC., Defendants. -------------------------------------------------------------------------X MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC., Third-Party Plaintiffs, -against- GILMAR DESIGN CORPORATION, Third-Party Defendant. ------------------------------------------------------------------------X TO THE ABOVE-NAMED SECOND THIRD-PARTY DEFENDANT: YOU ARE HEREBY SUMMONED and required to serve upon the Defendant/Second Plaintiffs' Third-Party attorneys, HAVKINS ROSENFELD RITZERT & VARRIALE, LLP, and the Plaintiff's attorneys, ORESKY & ASSOCIATES, PLLC, an Answer to the Third-Party Complaint in this action within twenty (20) days after service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered 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 complaint. 3 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 Dated: New York, New York October 29, 2019 HAVKINS ROSENF D RITZERT & VARRIAL , LLP By: tristopher M. Gibbons, Esq. Attorneys for Defendant/Third-Party Plaintiff MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC. 114 Old Country Road, Suite 300 Mineola, New York 11501 (516) 620-1700 HRRV File No.: 10280-000205 TO: Jacob Oresky, Esq. ORESKY & ASSOCIATES, PLLC Attorneys for Plaintiff 149* 149 East Street Bronx, NY 10451 (718) 993-9999 File No.: 18-1005 (Via Secretary of State) GILMAR DESIGN CORP. Third-Party Defendant 1773 East 19th Street, Suite 4A, Brooklyn, New York 11229 2 4 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -- -----------------------------------------------------------------X ANTONIO ESPINOSA, Index No. 515277/2018 Plaintiff, THIRD-PARTY - against - COMPLAINT MAC 60 LLC AND ROYAL HOME IMPROVEMENTS INC., Defendants. ------------------------------------------------X MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC., Third-Party Plaintiffs, -against- GILMAR DESIGN CORPORATION, Third-Party Defendant. ------------- ----------------------------------------------X TO: THIRD-PARTY DEFENDANT GILMAR DESIGN CORPORATION Defendant/Third-Party Plaintiffs, MAC 60 LLC and ROYAL HOME IMPROVEMENTS INC., by and through their attorneys, Havkins Rosenfeld Ritzert & Varriale, LLP, as and for their Verified Third-Party Complaint against Third-Party Defendant GILMAR DESIGN CORPORATION, hereby alleges as follows: NATURE OF ACTION 1. This is a third-party action brought pursuant to Civil Practice Law and Rules ("CPLR") section 1007 for: (i) contractual indemnification; (ii) common law indemnification; (iii) common law contribution; and (iv) breach of contract for failure to procure insurance, all in 3 5 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 connection with the first-party action brought by plaintiff ANTONIO ESPINOSA against MAC 60 LLC and ROYAL HOME IMPROVEMENTS. THE PARTIES 2. Upon information and belief, plaintiff ANTONIO ESPINOSA ("ESPINOSA") is an individual residing in Kings County, New York. 3. MAC 60 LLC ("MAC 60') is a domestic limited corporation existing by and under the laws of the state of New York and duly authorized to do business in New York. 4. ROYAL HOME IMPROVEMENTS. ("ROYAL HOME") is a domestic business corporation existing by and under the laws of the state of New York and duly authorized to do business in New York. 5. GILMAR DESIGN CORPORATION ("GILMAR") is a domestic business corporation existing by and under the laws of the state of New York and duly authorized to do business in New York. 6. GILMAR is a foreign business corporation existing by and under the laws of the state of New York and duly authorized to do business in New York 7. GILMAR maintains a principal place of business at 1773 East 19 Street, Suite 4A Brooklyn, New York. 8. GILMAR is involved in the business of building construction and/or renovation. 9. GILMAR transacted business in the State of New York, and those transactions give rise to the alleged accident that forms the basis of this action. 10. GILMAR does business in the State of New York. 4 6 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 THE FIRST PARTY ACTION 11. On or about July 26, 2018, ESPINOSA commenced an action against MAC 60 and ROYAL HOME in this court ("the first-party action"). Without admitting any of the "A" allegations contained therein, annexed hereto as Exhibit is a true and accurate copy of ESPINOSA's Summons and Verified Complaint. 12. ROYAL HOME interposed a Verified Answer to ESPINOSA's Verified Complaint on or about December 6, 2018. MAC 60 interposed a Verified Answer on September 17, 2019. ROYAL HOME interposed an Amended Verified Answer on September 17, 2019. "B." True and accurate copies of the aforementioned Answers are annexed hereto as Exhibit 13. Without admitting any of the allegations contained therein, in the Verified Complaint, ESP1NOSA claims to have been injured at the premises located at 2357 60th Street, Brooklyn, New York ("the subject premises") on January 11, 2018 due to the alleged negligence of the defendants/third-party plaintiffs. THE PROJECT AND THE CONTRACT 14. Upon information and belief, MAC 60 was the owner of the subject premises on January 11, 2018. 15. Prior to the date of the alleged accident, MAC 60 retained ROYAL HOME to perform certain construction and/or renovation work at the subject premises. 16. By way of a written contract or agreement, ROYAL HOME retained GILMAR as a sub-contractor to perform various work and render certain services in relation to construction and/or renovation work at the subject premises (the "Subcontract"). 5 7 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 17. Pursuant to the Subcontract, GILMAR agreed to indemnify, defend and hold harmless MAC 60 and ROYAL HOME from any claims and/or damages arising out of GILMAR's work under the contract. 18. Pursuant to the Subcontract, GILMAR was required to procure insurance, including but not limited to commercial general liability insurance, for the benefit of MAC 60 and ROYAL HOME, as additional insureds, for all claims arising out of, or resulting from, GILMAR's work under the Subcontract. 19. To the extent ESPINOSA's accident occurred as alleged in the Verified Complaint, which is expressly denied, said accident arose out of or resulted from GILMAR's work under the Subcontract. 20. Plaintiff was in the scope of his employment with GILMAR when the alleged accident occurred. 21. Plaintiff was under the direction, supervision and control of GILMAR on the date of the alleged accident. 22. To the extent ESPINOSA's accident occurred as alleged in the Verified Complaint, which is expressly denied, said accident was caused by the negligence of GILMAR, and not due to any negligence on the part of MAC 60 or ROYAL HOME. AS AND FOR A FIRST CAUSE OF ACTION FOR CONTRACTUAL INDEMNIFICATION 23. Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, repeat, reiterate "1" "22" and reallege each and every allegation contained in paragraphs to of this Third-Party Complaint with the same force and effect as if fully set forth herein. 24. That prior to January 11, 2018, GILMAR agreed to perform work at the subject premises pursuant to the aforementioned Subcontract. 6 8 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 25. That the Subcontract was in effect on the date of loss set forth in Plaintiff's Verified Complaint. 26. That the Subcontract required GILMAR to indemnify, defend and hold harmless Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, their agents and employees from and against all claims, costs, expenses or liabilities arising out of or resulting from the performance of the GILMAR's work. 27. If and in the event the Plaintiff sustained damages as alleged in the Plaintiff's Verified Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, said damages were caused by the negligence, culpable conduct, wrongful acts, acts and/or omissions of GILMAR, its agents, servants and/or employees. Plaintiffs' 28. The damages, if any, arose from GILMAR's performance of its work. 29. The Plaintiff's damages, if any, arose from the negligence of GILMAR, its agents, servants, employees and/or subcontractors. 30. By reason of the foregoing, the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, are entitled to contractual indemnification from, and to have judgment over and against GILMAR for all or part of any verdict or judgment that the plaintiff may recover against the Defendants/Third-Party Plaintiffs, based upon the prior agreement which requires GILMAR to hold harmless, indemnify and otherwise fully reimburse the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, for all costs and expenses incurred as a result of this lawsuit, including but not limited to payment of any judgment, payment of attorney's fees and payment of all other costs and expenses incurred by the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME. 7 9 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 AS AND FOR A SECOND CAUSE OF ACTION FOR CONTRACTUAL CONTRIBUTION 31. Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, repeat, reiterate "1" "30" and reallege each and every allegation contained in paragraphs to of this Third-Party Complaint with the same force and effect as if fully set forth herein. 32. That prior to January 11, 2018, GILMAR agreed to perform work at the subject premises pursuant to the aforementioned Subcontract. 33. That the Subcontract was in effect on the date of loss set forth in Plaintiff's Verified Complaint. 34. That the Subcontract required GILMAR to indemnify, defend and hold harmless Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, their agents and employees from and against all claims, costs, expenses or liabilities arising out of or resulting from the performance of the GILMAR's work. 35. If and in the event the Plaintiff sustained damages as alleged in the Plaintiff's Verified Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, said damages were caused by the negligence, culpable conduct, wrongful acts, acts and/or omissions of GILMAR, its agents, servants and/or employees. Plaintiffs' 36. The damages, if any, arose from GILMAR's performance of its work. 37. The Plaintiff's damages, if any, arose from the negligence of GILMAR, its agents, servants, employees and/or subcontractors. 38. By reason of the foregoing, the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, are entitled to contractual contribution from, and to have judgment over and against GILMAR for all or part of any verdict or judgment that the plaintiff may recover against the Defendants/Third-Party Plaintiffs, based upon the prior agreement which requires GILMAR 8 10 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 to hold harmless, indemnify and otherwise fully reimburse the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, for all costs and expenses incurred as a result of this lawsuit, including but not limited to payment of any judgment, payment of attorney's fees and payment of all other costs and expenses incurred by the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME. AS AND FOR A THIRD CAUSE OF ACTION FOR COMMON LAW INDEMNITY 39. Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, repeat, reiterate "1" "38" and reallege each and every allegation contained in paragraphs to of this Third-Party Complaint with the same force and effect as if fully set forth herein. 40. In the event the Plaintiff sustained any damages as alleged in the Verified Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, said damages were caused by the negligence, acts and/or omissions, culpable conduct, wrongful acts of GILMAR, its agents, servants and/or employees, and not through any negligence, culpable or wrongful conduct on the part of the Defendants/Third-Party Plaintiffs, their agents, servants, and/or employees. 41. If and in the event the Plaintiff sustained damages as alleged in the Plaintiff's Verified Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, Plaintiff injury" Workers' sustained a "grave as defined by the Compensation Law. 42. By reason of the foregoing, the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, are entitled to judgment over and against GILMAR for common law indemnification for all or part of any verdict or judgment that Plaintiff may recover against the Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME. 9 11 of 16 FILED: KINGS COUNTY CLERK 10/29/2019 11:15 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/29/2019 AS AND FOR A FOURTH CAUSE OF ACTION FOR CONTRIBUTION 43. Defendants/Third-Party Plaintiffs, MAC 60 or ROYAL HOME, repeat, reiterate "1" "42" and reallege each and every allegation contained in paragraphs to of this Third-Party Complaint with the same force and effect as if fully set forth herein. 44. In the event the Plaintiff sustained any damages as alleged in the Verified Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, said damages were caused