Preview
FILED: KINGS COUNTY CLERK 02/20/2020
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01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 43
113 RECEIVED NYSCEF: 02/20/2020
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------------X
ANTONIO ESPINOSA, Index No.: 515277/2018
Plaintiff,
-against- VERIFIED
THIRD PARTY
MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC. ANSWER TO
THIRD PARTY
VERIFIED COMPLAINT
Defendants.
--------------------------------------------------------------------------X
MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC.
Third-Party Plaintiff,
-against-
GILMAR DESIGN CORPORATION,
Third-Party Defendant.
------------------------------------- ------- X
GILMAR DESIGN (hereinafter "Third-
Third-Party Defendant, CORPORATION,
Party Defendant") as and for itsVerified Third-Party Answer to Third-Party Verified Complaint,
respectfully alleges upon information and belief as follows:
1. Denies having knowledge or information sufficient to form a belief as to the
plaintiffs'
allegations contained in paragraphs 1, 2, 3, 4, 11, 12, 13, 14 and 15 of third-party
Third-Party Verified Complaint.
2. Admits to the truth of the allegations contained in paragraph 5 of third-party
plaintiffs'
Third-Party Verified Complaint.
3. Denies each and every allegations contained in paragraphs 6 and 7 of third-party
plaintiffs'
Third-Party Verified Complaint.
4. Denies each and every allegation contained in paragraphs 8, 9, 10, 16, 17, 18, 19,
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plaintiffs'
20, 21 and 22 of third-party Third-Party Verified Complaint and refers all matters of
law to the Court.
AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER
PLAINTIFFS'
TO THIRD-PARTY FIRST CAUSE OF ACTION
5. As to paragraph 23 of the Third-Party Plaintiff's Verified complaint, this
answering Third-Party Defendant repeats, reiterates and realleges each and every answer herein
as if more fully set forth at length.
6. Denies each and every allegation contained in paragraphs 24, 25, 26, 27, 28, 29 and 30 of
third-party plaintiff's Third-Party Verified Complaint and refers allmatters of law to the Court.
AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER
PLAINTIFFS'
TO THIRD-PARTY SECOND CAUSE OF ACTION
7. As to paragraph 31 of the Third-Party Plaintiff's Verified complaint, this
answering Third-Party Defendant repeats, reiterates and realleges each and every answer herein
as if more fully set forth at length.
8. Denies each and every allegation contained in paragraphs 32, 33, 34, 35, 36, 37 and 38 of
third-party plaintiff's Third-Party Verified Complaint and refers allmatters of law to the Court.
AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER
PLAINTIFFS'
TO THIRD-PARTY THIRD CAUSE OF ACTION
9. As to paragraph 39 of the third-party plaintiff's Third-Party Verified Complaint,
this answering Third-Party Defendant repeats, reiterates and realleges each and every answer
herein as if more fully set forth at length.
10. Denies each and every allegation contained in paragraphs 40, 41 and 42 of third-party
plaintiff'sThird-Party Verified Coiiiplaiiitand refers allmatters of law to the Court
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AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER
PLAINTIFFS'
TO THIRD-PARTY FOURTH CAUSE OF ACTION
plaintiffs'
11. As to paragraph 43 of the third-party Third-Party Verified Complaint,
this answering Third-Party Defendant repeats, reiterates and realleges each and every answer
herein as if more fully set forth at length.
12. Denies each and every allegation contained in paragraphs 44, 45 and 46 of third-party
plaintiff's Third-Party Verified Complaii1t and refersallmatters of law to the Court.
AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER
PLAINTIFFS'
TO THIRD-PARTY FIFTH CAUSE OF ACTION
plaintiffs'
13. As to paragraph 47 of the third-party Third-Party Verified Complaint,
this answering Third-Party Defendant repeats, reiterates and realleges each and every answer
herein as if more fully set forth at length.
14. Denies each and every allegation contained in paragraphs 48, 49, 50, 51, 52 and 53 of
third-party plaintiff's Third-Party Verified Complaint and refers allmatters of law to the Court.
AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER
PLAINTIFFS'
TO THIRD-PARTY SIXTH CAUSE OF ACTION
plaintiffs'
15. As to paragraph 54 of the third-party Third-Party Verified Complaint,
this answering Third-Party Defendant repeats, reiterates and realleges each and every answer
herein as if more fully set forth at length.
16. Denies each and every allegation contained in paragraphs 55, 56, 57, 58, 59 and 60 of
third-party plaintiff's Third-Party Verified Complaint and refers allmatters of law to the Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
17. That the equitable share of this answering Third-Party Defendant's joint
liability, if any, is limited by the statutory operation of CPLR 1601.
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE
18. That the damages allegedly suffered by the Plaintiff and/or Third-Party Plaintiff
were caused in whole or in part by the culpable conduct of said Plaintiff and Third-Party
Plaintiff. The Plaintiff's claim and the Third-Party Plaintiffs claim are therefore barred or
diminished in the proportion that such culpable conduct of the Plaintiff and/or Third-Party
Plaintiff bears to the total culpable conduct of the Plaintiff and/or Third-Party Plaintiff bears
to the total culpable conduct causing the damages.
AS AND FOR A THIRD_AFFIRMATIVE DEFENSE
19. In the event, Plaintiff and/or Third-Party Plaintiff recovers a verdict or
judgment against this answering Third-Party Defendant, said verdict or judgment must be
reduced pursuant to CPLR 4545(c) by those amounts which have or will replace or indemnify
Plaintiff and/or Third-Party Plaintiff in whole or in part for any past or future claimed
workers'
economic loss or from an collateral source such as insurance, social security,
compensation or employee benefit programs.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
20. The damages allegedly sustained by the Plaintiff and/or Third-Party Plaintiff
were caused solely by the supervening conduct of an individual or individuals not named as
a party to this lawsuit.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
21. That all the causes of action alleged in the Plaintiff's and/or Third-Party
Plaintiff's complaint fail to properly state, specify or allege a cause of action upon which
relief can be granted, as a matter of law, against this answering Third-Party Defendant.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
22. That this answering Third-Party Defendant cannot be held liable for
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Plaintiff's and/or Third-Party Plaintiff's alleged injuries on the grounds that Plaintiff
and/or Third Party Plaintiff, through exercise of reasonable care, could have discerned the
alleged hazard and/or defect, apprehended the defect and/or hazard and avoided the danger, as
such, which were known to plaintiff, were open, obvious, notorious and apparent.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
23. If the Plaintiff and/or Third-Party Plaintiff sustained any personal injuries or
damages as alleged in the Complaint, such injures or damages were caused, aggravated or
contributed to by the Plaintiffs and/or Third-Party Plaintiffs failure to take reasonable efforts to
mitigate damages, and any award made to the Plaintiff and/or Third-Party Plaintiff must be
reduced in such proportion and to the extent that the injuries complained were caused,
aggravated or contributed to by said failure to mitigate damages.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
24. That the accident or occurrence referred to in the Plaintiffs and/or Third-Party
Plaintiffs Complaint and the injuries claimed were caused in whole or in part by the
carelessness, comparative negligence or the assumption of risk of the Plaintiff and Third-Party
Plaintiff and the Defendant demands that the Plaintiffs and/or
answering Third-Party Third-Party
Plaintiffs damages be accordingly diminished or denied.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
25. Plaintiffs and/or Third-Party Plaintiffs acts and/or omissions constituted the sole
proximate cause of the alleged accident.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
26. Plaintiff and/or Third-Party Plaintiff was a recalcitrant worker and said
recalcitrance caused the alleged accident.
5
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AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
27. The Verified Third-Party Complaint fails to state a cause of action.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
28. The Third-Party Plaintiffs have failed to join and include in this action all
identifiable and indispensable parties without whom, in equity and fairness, this action should
not proceed.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
29. Any claims by the Plaintiff and/or Third-Party Plaintiff against the answering
Third-Party Defendant is barred by the New York State Worker's Compensation Law, as
amended by the Omnibus Worker's Compensation Reform Act of 1996.
AS AND FOR A FOURTEEN AFFIRMATIVE DEFENSE
30. The subject contractual indemnification provisions(s) which is the purported basis
of one or more third-party claims is violative of New York General Obligations Law §5-322.1
and is void and unenforceable.
AS AND FOR A FIRST CROSS-CLAIM
31. That ifPlaintiffs and/or Third-Party Plaintiffs sustained the injuries and damages
in the manner and at the time and place and if it is found that this Third-
alleged, answering
Party Defendant is liable to P laintiffs and/or Third-Party Plaintiffs herein, all of which is
specifically denied, then this answering Third-Party Defendant, on the basis of apportionment of
responsibility for the alleged occurrence, is entitled to contribution from
Defendants/Third Party P1aintiffs MA C 60 L L C AN D RO Y AL HO ME
I MPRO V EMEN T S, IN C. to pay for all or part of any verdict or judgment that
Plaintiffs and/or Third-Party Plaintiffs may recover against this answering T hird-Party
6
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co-defendants'
Defendant proportionate to said actual negligence.
WHEREFORE, Third-Party Defendant GILMAR DESIGN CORPORATION,
Plaintiffs'
demands judgment dismissing the Third-Party Complaint together with costs
and disbursements of this and further demands that in the event this Third-
action, answering
Party Defendant is found liable to Plaintiff and/or Third-Party Plaintiff herein, then this
answering Third-Party Defendant, on the basis of apportionment or responsibility, have
judgment over and against Plaintiff and/or Plaintiff and against said named co-
Third-Party
defendants, for all or part of any verdict or action, and for any expenses incurred by itin
attorneys'
the defense thereof, including fees actually expended, and awarding all and such
further relief as this Court shall deem just, equitable and proper.
Dated: New York, New York
February 20, 2020
Yours, etc.,
RAWLE & HENDERSON LLP
By:
Richard B. Polner, Esq.
RAWLE & HENDERSON LLP
Attorneys for Third-Party Defendant
GILMAR DESIGN CORPORATION
27th
14 Wall Street, FlOOr
New York, New York 10005-2101
Our File No.: 805030
7
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TO:
Jacob Oresky, Esq.
ORESKY & ASSOCIATES, PLLC
Attorneys for Plaintiff
1490'
149 East Street
Bronx, NY 10451
(718) 993-9999
File No.: 18-1005
Christopher M. Gibbons, Esq.
Attorneys for Defendant/Third Party Plaintiff
MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC.
114 Old Country Road, Suite 300
(516) 620-1700
File No. 10280-000205
8
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ATTORNEY VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
RICHARD B. POLNER, an attorney admitted to practice in the State of New York,
affirms: That the undersigned is Of Counsel with the firm of RAWLE & HENDERSON LLP
attorneys for defendants in the within action; that the undersigned has read the foregoing
VERIFIED THIRD PARTY ANSWER TO THIRD PARTY VERIFIED COMPLAINT
and knows the contents thereof; that the same are true to affirmant's own knowledge, except as to
the matters therein stated to be alleged on information and belief; and as to those matters
affirmant believes them to be true.
The undersigned further states that the reason this affirmation is made by the undersigned
and not by the defendants is that the defendants are outside the county where the undersigned
maintains his offices.
The undersigned affirms that the foregoing statements are true, under the penalty of
perjury.
Dated: New York, New York
February 20, 2020
RICHARD B. POLNER
9
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Preview
FILED: KINGS COUNTY CLERK 02/20/2020 12/13/2022 02:59 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 43 113 RECEIVED NYSCEF: 02/20/2020 12/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------X ANTONIO ESPINOSA, Index No.: 515277/2018 Plaintiff, -against- VERIFIED THIRD PARTY MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC. ANSWER TO THIRD PARTY VERIFIED COMPLAINT Defendants. --------------------------------------------------------------------------X MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC. Third-Party Plaintiff, -against- GILMAR DESIGN CORPORATION, Third-Party Defendant. ------------------------------------- ------- X GILMAR DESIGN (hereinafter "Third- Third-Party Defendant, CORPORATION, Party Defendant") as and for itsVerified Third-Party Answer to Third-Party Verified Complaint, respectfully alleges upon information and belief as follows: 1. Denies having knowledge or information sufficient to form a belief as to the plaintiffs' allegations contained in paragraphs 1, 2, 3, 4, 11, 12, 13, 14 and 15 of third-party Third-Party Verified Complaint. 2. Admits to the truth of the allegations contained in paragraph 5 of third-party plaintiffs' Third-Party Verified Complaint. 3. Denies each and every allegations contained in paragraphs 6 and 7 of third-party plaintiffs' Third-Party Verified Complaint. 4. Denies each and every allegation contained in paragraphs 8, 9, 10, 16, 17, 18, 19, 13419782-1 1 of 9 FILED: KINGS COUNTY CLERK 02/20/2020 12/13/2022 02:59 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 43 113 RECEIVED NYSCEF: 02/20/2020 12/13/2022 plaintiffs' 20, 21 and 22 of third-party Third-Party Verified Complaint and refers all matters of law to the Court. AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER PLAINTIFFS' TO THIRD-PARTY FIRST CAUSE OF ACTION 5. As to paragraph 23 of the Third-Party Plaintiff's Verified complaint, this answering Third-Party Defendant repeats, reiterates and realleges each and every answer herein as if more fully set forth at length. 6. Denies each and every allegation contained in paragraphs 24, 25, 26, 27, 28, 29 and 30 of third-party plaintiff's Third-Party Verified Complaint and refers allmatters of law to the Court. AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER PLAINTIFFS' TO THIRD-PARTY SECOND CAUSE OF ACTION 7. As to paragraph 31 of the Third-Party Plaintiff's Verified complaint, this answering Third-Party Defendant repeats, reiterates and realleges each and every answer herein as if more fully set forth at length. 8. Denies each and every allegation contained in paragraphs 32, 33, 34, 35, 36, 37 and 38 of third-party plaintiff's Third-Party Verified Complaint and refers allmatters of law to the Court. AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER PLAINTIFFS' TO THIRD-PARTY THIRD CAUSE OF ACTION 9. As to paragraph 39 of the third-party plaintiff's Third-Party Verified Complaint, this answering Third-Party Defendant repeats, reiterates and realleges each and every answer herein as if more fully set forth at length. 10. Denies each and every allegation contained in paragraphs 40, 41 and 42 of third-party plaintiff'sThird-Party Verified Coiiiplaiiitand refers allmatters of law to the Court 2 13419782-1 2 of 9 FILED: KINGS COUNTY CLERK 02/20/2020 12/13/2022 02:59 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 43 113 RECEIVED NYSCEF: 02/20/2020 12/13/2022 AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER PLAINTIFFS' TO THIRD-PARTY FOURTH CAUSE OF ACTION plaintiffs' 11. As to paragraph 43 of the third-party Third-Party Verified Complaint, this answering Third-Party Defendant repeats, reiterates and realleges each and every answer herein as if more fully set forth at length. 12. Denies each and every allegation contained in paragraphs 44, 45 and 46 of third-party plaintiff's Third-Party Verified Complaii1t and refersallmatters of law to the Court. AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER PLAINTIFFS' TO THIRD-PARTY FIFTH CAUSE OF ACTION plaintiffs' 13. As to paragraph 47 of the third-party Third-Party Verified Complaint, this answering Third-Party Defendant repeats, reiterates and realleges each and every answer herein as if more fully set forth at length. 14. Denies each and every allegation contained in paragraphs 48, 49, 50, 51, 52 and 53 of third-party plaintiff's Third-Party Verified Complaint and refers allmatters of law to the Court. AS AND FOR THIRD-PARTY DEFENDANT'S ANSWER PLAINTIFFS' TO THIRD-PARTY SIXTH CAUSE OF ACTION plaintiffs' 15. As to paragraph 54 of the third-party Third-Party Verified Complaint, this answering Third-Party Defendant repeats, reiterates and realleges each and every answer herein as if more fully set forth at length. 16. Denies each and every allegation contained in paragraphs 55, 56, 57, 58, 59 and 60 of third-party plaintiff's Third-Party Verified Complaint and refers allmatters of law to the Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 17. That the equitable share of this answering Third-Party Defendant's joint liability, if any, is limited by the statutory operation of CPLR 1601. 3 13419782-1 3 of 9 FILED: KINGS COUNTY CLERK 02/20/2020 12/13/2022 02:59 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 43 113 RECEIVED NYSCEF: 02/20/2020 12/13/2022 AS AND FOR A SECOND AFFIRMATIVE DEFENSE 18. That the damages allegedly suffered by the Plaintiff and/or Third-Party Plaintiff were caused in whole or in part by the culpable conduct of said Plaintiff and Third-Party Plaintiff. The Plaintiff's claim and the Third-Party Plaintiffs claim are therefore barred or diminished in the proportion that such culpable conduct of the Plaintiff and/or Third-Party Plaintiff bears to the total culpable conduct of the Plaintiff and/or Third-Party Plaintiff bears to the total culpable conduct causing the damages. AS AND FOR A THIRD_AFFIRMATIVE DEFENSE 19. In the event, Plaintiff and/or Third-Party Plaintiff recovers a verdict or judgment against this answering Third-Party Defendant, said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have or will replace or indemnify Plaintiff and/or Third-Party Plaintiff in whole or in part for any past or future claimed workers' economic loss or from an collateral source such as insurance, social security, compensation or employee benefit programs. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 20. The damages allegedly sustained by the Plaintiff and/or Third-Party Plaintiff were caused solely by the supervening conduct of an individual or individuals not named as a party to this lawsuit. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 21. That all the causes of action alleged in the Plaintiff's and/or Third-Party Plaintiff's complaint fail to properly state, specify or allege a cause of action upon which relief can be granted, as a matter of law, against this answering Third-Party Defendant. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 22. That this answering Third-Party Defendant cannot be held liable for 4 13419782-1 4 of 9 FILED: KINGS COUNTY CLERK 02/20/2020 12/13/2022 02:59 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 43 113 RECEIVED NYSCEF: 02/20/2020 12/13/2022 Plaintiff's and/or Third-Party Plaintiff's alleged injuries on the grounds that Plaintiff and/or Third Party Plaintiff, through exercise of reasonable care, could have discerned the alleged hazard and/or defect, apprehended the defect and/or hazard and avoided the danger, as such, which were known to plaintiff, were open, obvious, notorious and apparent. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 23. If the Plaintiff and/or Third-Party Plaintiff sustained any personal injuries or damages as alleged in the Complaint, such injures or damages were caused, aggravated or contributed to by the Plaintiffs and/or Third-Party Plaintiffs failure to take reasonable efforts to mitigate damages, and any award made to the Plaintiff and/or Third-Party Plaintiff must be reduced in such proportion and to the extent that the injuries complained were caused, aggravated or contributed to by said failure to mitigate damages. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 24. That the accident or occurrence referred to in the Plaintiffs and/or Third-Party Plaintiffs Complaint and the injuries claimed were caused in whole or in part by the carelessness, comparative negligence or the assumption of risk of the Plaintiff and Third-Party Plaintiff and the Defendant demands that the Plaintiffs and/or answering Third-Party Third-Party Plaintiffs damages be accordingly diminished or denied. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 25. Plaintiffs and/or Third-Party Plaintiffs acts and/or omissions constituted the sole proximate cause of the alleged accident. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 26. Plaintiff and/or Third-Party Plaintiff was a recalcitrant worker and said recalcitrance caused the alleged accident. 5 13419782-1 5 of 9 FILED: KINGS COUNTY CLERK 02/20/2020 12/13/2022 02:59 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 43 113 RECEIVED NYSCEF: 02/20/2020 12/13/2022 AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE 27. The Verified Third-Party Complaint fails to state a cause of action. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 28. The Third-Party Plaintiffs have failed to join and include in this action all identifiable and indispensable parties without whom, in equity and fairness, this action should not proceed. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 29. Any claims by the Plaintiff and/or Third-Party Plaintiff against the answering Third-Party Defendant is barred by the New York State Worker's Compensation Law, as amended by the Omnibus Worker's Compensation Reform Act of 1996. AS AND FOR A FOURTEEN AFFIRMATIVE DEFENSE 30. The subject contractual indemnification provisions(s) which is the purported basis of one or more third-party claims is violative of New York General Obligations Law §5-322.1 and is void and unenforceable. AS AND FOR A FIRST CROSS-CLAIM 31. That ifPlaintiffs and/or Third-Party Plaintiffs sustained the injuries and damages in the manner and at the time and place and if it is found that this Third- alleged, answering Party Defendant is liable to P laintiffs and/or Third-Party Plaintiffs herein, all of which is specifically denied, then this answering Third-Party Defendant, on the basis of apportionment of responsibility for the alleged occurrence, is entitled to contribution from Defendants/Third Party P1aintiffs MA C 60 L L C AN D RO Y AL HO ME I MPRO V EMEN T S, IN C. to pay for all or part of any verdict or judgment that Plaintiffs and/or Third-Party Plaintiffs may recover against this answering T hird-Party 6 13419782-1 6 of 9 FILED: KINGS COUNTY CLERK 02/20/2020 12/13/2022 02:59 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 43 113 RECEIVED NYSCEF: 02/20/2020 12/13/2022 co-defendants' Defendant proportionate to said actual negligence. WHEREFORE, Third-Party Defendant GILMAR DESIGN CORPORATION, Plaintiffs' demands judgment dismissing the Third-Party Complaint together with costs and disbursements of this and further demands that in the event this Third- action, answering Party Defendant is found liable to Plaintiff and/or Third-Party Plaintiff herein, then this answering Third-Party Defendant, on the basis of apportionment or responsibility, have judgment over and against Plaintiff and/or Plaintiff and against said named co- Third-Party defendants, for all or part of any verdict or action, and for any expenses incurred by itin attorneys' the defense thereof, including fees actually expended, and awarding all and such further relief as this Court shall deem just, equitable and proper. Dated: New York, New York February 20, 2020 Yours, etc., RAWLE & HENDERSON LLP By: Richard B. Polner, Esq. RAWLE & HENDERSON LLP Attorneys for Third-Party Defendant GILMAR DESIGN CORPORATION 27th 14 Wall Street, FlOOr New York, New York 10005-2101 Our File No.: 805030 7 13419782-1 7 of 9 FILED: KINGS COUNTY CLERK 02/20/2020 12/13/2022 02:59 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 43 113 RECEIVED NYSCEF: 02/20/2020 12/13/2022 TO: Jacob Oresky, Esq. ORESKY & ASSOCIATES, PLLC Attorneys for Plaintiff 1490' 149 East Street Bronx, NY 10451 (718) 993-9999 File No.: 18-1005 Christopher M. Gibbons, Esq. Attorneys for Defendant/Third Party Plaintiff MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC. 114 Old Country Road, Suite 300 (516) 620-1700 File No. 10280-000205 8 13419782-1 8 of 9 FILED: KINGS COUNTY CLERK 02/20/2020 12/13/2022 02:59 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 43 113 RECEIVED NYSCEF: 02/20/2020 12/13/2022 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) RICHARD B. POLNER, an attorney admitted to practice in the State of New York, affirms: That the undersigned is Of Counsel with the firm of RAWLE & HENDERSON LLP attorneys for defendants in the within action; that the undersigned has read the foregoing VERIFIED THIRD PARTY ANSWER TO THIRD PARTY VERIFIED COMPLAINT and knows the contents thereof; that the same are true to affirmant's own knowledge, except as to the matters therein stated to be alleged on information and belief; and as to those matters affirmant believes them to be true. The undersigned further states that the reason this affirmation is made by the undersigned and not by the defendants is that the defendants are outside the county where the undersigned maintains his offices. The undersigned affirms that the foregoing statements are true, under the penalty of perjury. Dated: New York, New York February 20, 2020 RICHARD B. POLNER 9 13419782-1 9 of 9