Preview
FILED: NEW YORK COUNTY CLERK 01/04/2023 10:31 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 01/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, Index No.: 150253/2017
Plaintiffs, ANSWER TO VERIFIED
SECOND-THIRD-PARTY
-against- COMPLAINT
THE CITY OF NEW YORK, THE NEW
YORK CITY DEPARTMENT OF
TRANSPORTATION, CONSOLIDATED
EDISON COMPANY OF NEW YORK, INC.
AND CAC INDUSTRIES, INC.,
Defendants.
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CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC.,
Third Party Plaintiff,
-against-
CAC INDUSTRIES, INC.,
Third Party Defendant.
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CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC.,
Second-Third-Party Plaintiff,
-against-
CARLO LIZZA & SONS PAVING, INC.,
Second-Third-Party Defendant.
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The second third-party defendant, CARLO LIZZA & SONS PAVING, INC., by its
attorneys, AHMUTY, DEMERS & McMANUS, ESQS., as and for its Answer to defendant/third-
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party plaintiff/second third-party plaintiff’s Verified Second-Third-Party Complaint, alleges upon
information and belief:
1: Denies having knowledge or information sufficient to form a belief as to each and
every allegation contained in paragraph designated “FIRST” of the Verified Second-Third-Party
Complaint and respectfully refers all questions of law to the Honorable Court.
2: Denies upon information and belief each and every allegation contained in paragraph
designated “SECOND” of the Verified Second-Third-Party Complaint except admits CARLO
LIZZA & SONS PAVING, INC. was a corporation duly organized and existing under and by
virtue of the laws of the State of New York and respectfully refers all questions of law to the
Honorable Court.
3: Denies upon information and belief each and every allegation contained in paragraph
designated “THIRD” of the Verified Second-Third-Party Complaint except admits CARLO LIZZA
& SONS PAVING, INC. was a corporation licensed to do business and doing business in the
State of New York with an office at 42 Yellowcote Road, Oyster Bay, NY 11771 and respectfully
refers all questions of law to the Honorable Court.
AS AND FOR AN ANSWER TO A CAUSE OF ACTION AGAINST
THIRD-PARTY DEFENDANT, CARLO LIZZA & SONS PAVING, INC.,
FOR NEGIGENCE
4: Second Third-Party Defendant, CARLO LIZZA & SONS PAVING, INC.,
repeats, reiterates and realleges each and every denial in answer to paragraphs “FIRST” through
“THIRD” as if more specifically set forth in answer to paragraph designated “FOURTH” of the
Verified Second-Third-Party Complaint and each and every part thereof.
5: Denies having knowledge or information sufficient to form a belief as to each and
every allegation contained in paragraphs designated “FIFTH” and “SIXTH” of the Verified Second-
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Third-Party Complaint and begs leave to refer to pleadings at the time of trial and respectfully refers
all questions of law to the Honorable Court.
6: Denies upon information and belief each and every allegation contained in paragraph
designated “SEVENTH” of the Verified Second-Third-Party Complaint as to the answering second
third-party defendant; otherwise, denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraph designated “SEVENTH” of the Verified
Second-Third-Party Complaint and respectfully refers all questions of law to the Honorable Court.
7: Denies upon information and belief each and every allegation contained in paragraph
designated “EIGHTH” of the Verified Second-Third-Party Complaint and respectfully refers all
questions of law to the Honorable Court.
AS AND FOR THE FIRST AFFIRMATIVE DEFENSE
8: That the personal injuries and/or damages alleged to have been sustained by the
plaintiffs were caused entirely or in part through the culpable conduct of the plaintiffs, without any
negligence on the part of the answering second third-party defendant and the answering second third-
party defendant seeks a dismissal or reduction in any recovery that may be had by the plaintiffs in the
proportion which the culpable conduct, attributable to the plaintiffs, bears to the entire measure of
responsibility for the occurrence.
AS AND FOR THE SECOND AFFIRMATIVE DEFENSE
9: Pursuant to CPLR 1603, this answering second third-party defendant asserts the
limitations contained in CPLR 1601 and 1602 and all rights contained therein.
AS AND FOR THE THIRD AFFIRMATIVE DEFENSE
10: In the event that any person or entity liable or claimed to be liable for the injury alleged
in this action has been given or may hereafter be given a release or covenant not to sue, this second
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third-party defendant is or will be entitled to protection under General Obligations Law §15-108 and
the corresponding reduction of any damages which may be determined to be due against this second
third-party defendant.
AS AND FOR THE FOURTH AFFIRMATIVE DEFENSE
11: Upon information and belief, any past or future costs or expenses incurred or to be
incurred by the plaintiffs for medical care, dental care, custodial care or rehabilitative services, loss
of earnings or other economic loss, has been or will with reasonable certainty be replaced or
indemnified in whole or in part from collateral source as defined in Section 4545(c) of the New York
Civil Practice Law and Rules.
12: If any damages are recoverable against said defendants, the amount of such damages
shall be diminished by the amount of the funds which plaintiffs has or shall receive from such
collateral source.
AS AND FOR A CROSS COMPLAINT OVER
AND AGAINST THE CO-DEFENDANT,
CAC INDUSTRIES, INC.,
THIS SECOND THIRD-PARTY DEFENDANT,
CARLO LIZZA & SONS PAVING, INC.,
ALLEGES UPON INFORMATION AND BELIEF:
13: That if the plaintiffs were caused to sustain personal injuries and resulting damages
at the time and place set forth in the plaintiff’s Complaint and in the manner alleged therein,
through any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or
warranty and/or contract, other than of the plaintiffs, then the said injuries and damages arose out
of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty
and/or obligation and/or Statute and/or Warranty and/or contract in fact or implied in law, upon
the part of the co-defendant, CAC INDUSTRIES, INC., with indemnification and save harmless
agreement and/or responsibility by them in fact and/or implied in law and without any breaches or
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any negligence of the answering second third-party defendant contributing thereto; and if the
answering second third-party defendant is found liable as to the plaintiffs for the injuries and
damages as set forth in the plaintiffs’ Complaint, then, and in that event, the relative responsibilities
of all said defendants in fairness must be apportioned by a separate determination in view of the
existing factual disparity, and the said co-defendant herein will be liable over jointly and severally
to the answering second third-party defendant and bound to fully indemnify and hold the
answering second third-party defendant harmless for the full amount of any verdict or judgment
that the plaintiffs herein may recover against the answering second third-party defendant in this
action, including all costs of investigation, disbursements, expenses and attorney's fees incurred in
the defense of this action and in the conduct of this cross complaint.
AS AND FOR A COUNTER-COMPLAINT OVER
AND AGAINST THE DEFENDANT/THIRD-PARTY PLAINTIFF/
SECOND THIRD-PARTY PLAINTIFF,
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC.,
THIS SECOND THIRD-PARTY DEFENDANT,
CARLO LIZZA & SONS PAVING, INC.
ALLEGES UPON INFORMATION AND BELIEF:
14: That if the plaintiffs were caused to sustain damages at the time and place set forth in
plaintiffs’ Complaint and the defendant/third-party plaintiff/second third-party plaintiff’s Verified
Second-Third-Party Complaint and in the manner alleged therein, through any carelessness,
recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract,
then the said damages arose out of the several and joint carelessness, recklessness, acts, omissions,
negligence and breaches of duty and/or obligation and/or Statute and/or Warranty and/or contract
in fact or implied in law, upon the part of the defendant/third-party plaintiff/second third-party
plaintiff, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., with
indemnification and save harmless agreement and/or responsibility by them in fact and/or implied
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in law and without any breaches or any negligence of the answering second third-party defendant
contributing thereto; and if the answering second third-party defendant is found liable as to the
plaintiffs for the injuries and damages as set forth in the defendant/third-party plaintiff/second third-
party plaintiff’s Verified Second-Third-Party Complaint then, and in that event, the relative
responsibilities of all said defendants in fairness must be apportioned by a separate determination
in view of the existing factual disparity, and the said defendant/third-party plaintiff/second third-
party plaintiff herein will be liable over jointly and severally to the answering second third-party
defendant and bound to fully indemnify and hold the answering second third-party defendant
harmless for the full amount of any verdict or judgment that the plaintiffs herein may recover
against the answering second third-party defendant in this action, including all costs of
investigation, disbursements, expenses and attorney's fees incurred in the defense of this action
and in the conduct of this counter-complaint.
WHEREFORE, the second third-party defendant, CARLO LIZZA & SONS
PAVING, INC., demands judgment dismissing the plaintiffs’ Complaint and defendant/third-
party plaintiff/second third-party plaintiff’s Verified Second-Third-Party Complaint on the merits;
and if the plaintiffs and/or defendant/third-party plaintiff/second third-party plaintiff is found to have
contributed to the accident or damages, that any damages be reduced in proportion to which the
plaintiffs and/or defendant/third-party plaintiff/second third-party plaintiff may be found to have so
contributed to the accident and damages together with the costs and disbursements of this action
and that this second third-party defendant is entitled to, by operation of law, an apportionment of
liability at trial based upon percentage of liability assessed by the finder of fact to all parties and
nonparties and is further entitled to an apportionment of damages in proportion with the percentage
of liability assigned to each party and nonparty, together with the costs and disbursements.
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Dated: Albertson, New York
November 28, 2022
By: __________________________________________
STEVEN D. ZECCA
AHMUTY, DEMERS & McMANUS, ESQS.
Attorneys for Second Third-Party Defendant
CARLO LIZZA & SONS PAVING, INC.
199 Water Street, 16th Floor
New York, NY 10038
(212) 513-7788
Our File No.: AXIS0812N22SDZ
To:
LERNER, ARNOLD &
WINSTON, LLP
Attorneys for PLAINTIFF
475 Park Avenue South
28th Floor
New York, NY 10016
212-686-4655
SYLVIA HINDS-RADIX
CORPORATION COUNSEL
Attorneys for Defendants
THE CITY OF NEW YORK
AND NEW YORK CITY
DEPARTMENT OF TRANSPORTATION
100 Church Street
New York, NY 10007
RUSSO & GOULD, LLP
Attorneys for Defendant/Third-Party Plaintiff/
Second Third-Party Plaintiff
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC.
33 Whitehall Street, 16th Floor
New York, NY 10004
THE LAW OFFICE OF ERIC D. FELDMAN
Attorneys for Defendant/Third-Party Defendant
CAC INDUSTRIES, INC.
P.O. Box 2903
Hartford, CT 06104-2903
T: (917) 778-6600
F: (877) 890-1328
Matter No.: 2018007779
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ATTORNEY VERIFICATION
STATE OF NEW YORK)
: SS.:
COUNTY OF NEW YORK)
STEVEN D. ZECCA, being duly sworn, deposes and says:
That he is a member of the law firm of AHMUTY, DEMERS & McMANUS, the attorneys
for the second third-party defendant, CARLO LIZZA & SONS PAVING, INC., in the above
entitled action; that he has read and knows the contents of the foregoing Answer to defendant/third-
party plaintiff/second third-party plaintiff, CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC.’S, Verified Second-Third-Party Complaint and that same is true to his own knowledge,
except as to those matters therein stated to be alleged on information and belief and as to those matters
he believes it to be true.
Deponent further says that the grounds for his belief as to all matters therein stated upon
information and belief are statements made to him by the second third-party defendant and papers
and documents received by deponent from the second third-party defendant or its representatives and
which are now in his possession.
Deponent further says that the reason why this verification is made by deponent and not by
the second third-party defendant is that the second third-party defendant is not within the County of
New York, where deponent has his office.
STEVEN D. ZECCA
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Index No.: 150253/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JEFFREY GOLDSTEIN and KELLIE
GOLDSTEIN,
Plaintiffs,
-against-
THE CITY OF NEW YORK, THE NEW YORK
CITY DEPARTMENT OF TRANSPORTATION,
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC. AND CAC INDUSTRIES,
INC.,
Defendants.
AND THIRD-PARTY ACTIONS.
AHMUTY, DEMERS & MCMANUS, ESQS.
Attorneys for Second Third-Party Defendant
CARLO LIZZA & SONS PAVING, INC.
199 WATER STREET, 16TH FLOOR
NEW YORK, NEW YORK 10038
(212) 513-7788
OUR FILE NO.: AXIS0812N22SDZ
TO: [See Affidavit of Service]
Service of a copy of the within is hereby admitted.
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Preview
FILED: NEW YORK COUNTY CLERK 01/04/2023 10:31 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 01/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, Index No.: 150253/2017 Plaintiffs, ANSWER TO VERIFIED SECOND-THIRD-PARTY -against- COMPLAINT THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. AND CAC INDUSTRIES, INC., Defendants. -----------------------------------------------------------------X CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third Party Plaintiff, -against- CAC INDUSTRIES, INC., Third Party Defendant. -----------------------------------------------------------------X CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Second-Third-Party Plaintiff, -against- CARLO LIZZA & SONS PAVING, INC., Second-Third-Party Defendant. -----------------------------------------------------------------X The second third-party defendant, CARLO LIZZA & SONS PAVING, INC., by its attorneys, AHMUTY, DEMERS & McMANUS, ESQS., as and for its Answer to defendant/third- 1 of 9 FILED: NEW YORK COUNTY CLERK 01/04/2023 10:31 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 01/04/2023 party plaintiff/second third-party plaintiff’s Verified Second-Third-Party Complaint, alleges upon information and belief: 1: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph designated “FIRST” of the Verified Second-Third-Party Complaint and respectfully refers all questions of law to the Honorable Court. 2: Denies upon information and belief each and every allegation contained in paragraph designated “SECOND” of the Verified Second-Third-Party Complaint except admits CARLO LIZZA & SONS PAVING, INC. was a corporation duly organized and existing under and by virtue of the laws of the State of New York and respectfully refers all questions of law to the Honorable Court. 3: Denies upon information and belief each and every allegation contained in paragraph designated “THIRD” of the Verified Second-Third-Party Complaint except admits CARLO LIZZA & SONS PAVING, INC. was a corporation licensed to do business and doing business in the State of New York with an office at 42 Yellowcote Road, Oyster Bay, NY 11771 and respectfully refers all questions of law to the Honorable Court. AS AND FOR AN ANSWER TO A CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT, CARLO LIZZA & SONS PAVING, INC., FOR NEGIGENCE 4: Second Third-Party Defendant, CARLO LIZZA & SONS PAVING, INC., repeats, reiterates and realleges each and every denial in answer to paragraphs “FIRST” through “THIRD” as if more specifically set forth in answer to paragraph designated “FOURTH” of the Verified Second-Third-Party Complaint and each and every part thereof. 5: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated “FIFTH” and “SIXTH” of the Verified Second- 2 of 9 FILED: NEW YORK COUNTY CLERK 01/04/2023 10:31 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 01/04/2023 Third-Party Complaint and begs leave to refer to pleadings at the time of trial and respectfully refers all questions of law to the Honorable Court. 6: Denies upon information and belief each and every allegation contained in paragraph designated “SEVENTH” of the Verified Second-Third-Party Complaint as to the answering second third-party defendant; otherwise, denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph designated “SEVENTH” of the Verified Second-Third-Party Complaint and respectfully refers all questions of law to the Honorable Court. 7: Denies upon information and belief each and every allegation contained in paragraph designated “EIGHTH” of the Verified Second-Third-Party Complaint and respectfully refers all questions of law to the Honorable Court. AS AND FOR THE FIRST AFFIRMATIVE DEFENSE 8: That the personal injuries and/or damages alleged to have been sustained by the plaintiffs were caused entirely or in part through the culpable conduct of the plaintiffs, without any negligence on the part of the answering second third-party defendant and the answering second third- party defendant seeks a dismissal or reduction in any recovery that may be had by the plaintiffs in the proportion which the culpable conduct, attributable to the plaintiffs, bears to the entire measure of responsibility for the occurrence. AS AND FOR THE SECOND AFFIRMATIVE DEFENSE 9: Pursuant to CPLR 1603, this answering second third-party defendant asserts the limitations contained in CPLR 1601 and 1602 and all rights contained therein. AS AND FOR THE THIRD AFFIRMATIVE DEFENSE 10: In the event that any person or entity liable or claimed to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue, this second 3 of 9 FILED: NEW YORK COUNTY CLERK 01/04/2023 10:31 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 01/04/2023 third-party defendant is or will be entitled to protection under General Obligations Law §15-108 and the corresponding reduction of any damages which may be determined to be due against this second third-party defendant. AS AND FOR THE FOURTH AFFIRMATIVE DEFENSE 11: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiffs for medical care, dental care, custodial care or rehabilitative services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. 12: If any damages are recoverable against said defendants, the amount of such damages shall be diminished by the amount of the funds which plaintiffs has or shall receive from such collateral source. AS AND FOR A CROSS COMPLAINT OVER AND AGAINST THE CO-DEFENDANT, CAC INDUSTRIES, INC., THIS SECOND THIRD-PARTY DEFENDANT, CARLO LIZZA & SONS PAVING, INC., ALLEGES UPON INFORMATION AND BELIEF: 13: That if the plaintiffs were caused to sustain personal injuries and resulting damages at the time and place set forth in the plaintiff’s Complaint and in the manner alleged therein, through any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract, other than of the plaintiffs, then the said injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or Statute and/or Warranty and/or contract in fact or implied in law, upon the part of the co-defendant, CAC INDUSTRIES, INC., with indemnification and save harmless agreement and/or responsibility by them in fact and/or implied in law and without any breaches or 4 of 9 FILED: NEW YORK COUNTY CLERK 01/04/2023 10:31 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 01/04/2023 any negligence of the answering second third-party defendant contributing thereto; and if the answering second third-party defendant is found liable as to the plaintiffs for the injuries and damages as set forth in the plaintiffs’ Complaint, then, and in that event, the relative responsibilities of all said defendants in fairness must be apportioned by a separate determination in view of the existing factual disparity, and the said co-defendant herein will be liable over jointly and severally to the answering second third-party defendant and bound to fully indemnify and hold the answering second third-party defendant harmless for the full amount of any verdict or judgment that the plaintiffs herein may recover against the answering second third-party defendant in this action, including all costs of investigation, disbursements, expenses and attorney's fees incurred in the defense of this action and in the conduct of this cross complaint. AS AND FOR A COUNTER-COMPLAINT OVER AND AGAINST THE DEFENDANT/THIRD-PARTY PLAINTIFF/ SECOND THIRD-PARTY PLAINTIFF, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., THIS SECOND THIRD-PARTY DEFENDANT, CARLO LIZZA & SONS PAVING, INC. ALLEGES UPON INFORMATION AND BELIEF: 14: That if the plaintiffs were caused to sustain damages at the time and place set forth in plaintiffs’ Complaint and the defendant/third-party plaintiff/second third-party plaintiff’s Verified Second-Third-Party Complaint and in the manner alleged therein, through any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract, then the said damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or Statute and/or Warranty and/or contract in fact or implied in law, upon the part of the defendant/third-party plaintiff/second third-party plaintiff, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., with indemnification and save harmless agreement and/or responsibility by them in fact and/or implied 5 of 9 FILED: NEW YORK COUNTY CLERK 01/04/2023 10:31 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 01/04/2023 in law and without any breaches or any negligence of the answering second third-party defendant contributing thereto; and if the answering second third-party defendant is found liable as to the plaintiffs for the injuries and damages as set forth in the defendant/third-party plaintiff/second third- party plaintiff’s Verified Second-Third-Party Complaint then, and in that event, the relative responsibilities of all said defendants in fairness must be apportioned by a separate determination in view of the existing factual disparity, and the said defendant/third-party plaintiff/second third- party plaintiff herein will be liable over jointly and severally to the answering second third-party defendant and bound to fully indemnify and hold the answering second third-party defendant harmless for the full amount of any verdict or judgment that the plaintiffs herein may recover against the answering second third-party defendant in this action, including all costs of investigation, disbursements, expenses and attorney's fees incurred in the defense of this action and in the conduct of this counter-complaint. WHEREFORE, the second third-party defendant, CARLO LIZZA & SONS PAVING, INC., demands judgment dismissing the plaintiffs’ Complaint and defendant/third- party plaintiff/second third-party plaintiff’s Verified Second-Third-Party Complaint on the merits; and if the plaintiffs and/or defendant/third-party plaintiff/second third-party plaintiff is found to have contributed to the accident or damages, that any damages be reduced in proportion to which the plaintiffs and/or defendant/third-party plaintiff/second third-party plaintiff may be found to have so contributed to the accident and damages together with the costs and disbursements of this action and that this second third-party defendant is entitled to, by operation of law, an apportionment of liability at trial based upon percentage of liability assessed by the finder of fact to all parties and nonparties and is further entitled to an apportionment of damages in proportion with the percentage of liability assigned to each party and nonparty, together with the costs and disbursements. 6 of 9 FILED: NEW YORK COUNTY CLERK 01/04/2023 10:31 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 01/04/2023 Dated: Albertson, New York November 28, 2022 By: __________________________________________ STEVEN D. ZECCA AHMUTY, DEMERS & McMANUS, ESQS. Attorneys for Second Third-Party Defendant CARLO LIZZA & SONS PAVING, INC. 199 Water Street, 16th Floor New York, NY 10038 (212) 513-7788 Our File No.: AXIS0812N22SDZ To: LERNER, ARNOLD & WINSTON, LLP Attorneys for PLAINTIFF 475 Park Avenue South 28th Floor New York, NY 10016 212-686-4655 SYLVIA HINDS-RADIX CORPORATION COUNSEL Attorneys for Defendants THE CITY OF NEW YORK AND NEW YORK CITY DEPARTMENT OF TRANSPORTATION 100 Church Street New York, NY 10007 RUSSO & GOULD, LLP Attorneys for Defendant/Third-Party Plaintiff/ Second Third-Party Plaintiff CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 33 Whitehall Street, 16th Floor New York, NY 10004 THE LAW OFFICE OF ERIC D. FELDMAN Attorneys for Defendant/Third-Party Defendant CAC INDUSTRIES, INC. P.O. Box 2903 Hartford, CT 06104-2903 T: (917) 778-6600 F: (877) 890-1328 Matter No.: 2018007779 7 of 9 FILED: NEW YORK COUNTY CLERK 01/04/2023 10:31 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 01/04/2023 ATTORNEY VERIFICATION STATE OF NEW YORK) : SS.: COUNTY OF NEW YORK) STEVEN D. ZECCA, being duly sworn, deposes and says: That he is a member of the law firm of AHMUTY, DEMERS & McMANUS, the attorneys for the second third-party defendant, CARLO LIZZA & SONS PAVING, INC., in the above entitled action; that he has read and knows the contents of the foregoing Answer to defendant/third- party plaintiff/second third-party plaintiff, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.’S, Verified Second-Third-Party Complaint and that same is true to his own knowledge, except as to those matters therein stated to be alleged on information and belief and as to those matters he believes it to be true. Deponent further says that the grounds for his belief as to all matters therein stated upon information and belief are statements made to him by the second third-party defendant and papers and documents received by deponent from the second third-party defendant or its representatives and which are now in his possession. Deponent further says that the reason why this verification is made by deponent and not by the second third-party defendant is that the second third-party defendant is not within the County of New York, where deponent has his office. STEVEN D. ZECCA 8 of 9 FILED: NEW YORK COUNTY CLERK 01/04/2023 10:31 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 01/04/2023 Index No.: 150253/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, Plaintiffs, -against- THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. AND CAC INDUSTRIES, INC., Defendants. AND THIRD-PARTY ACTIONS. AHMUTY, DEMERS & MCMANUS, ESQS. Attorneys for Second Third-Party Defendant CARLO LIZZA & SONS PAVING, INC. 199 WATER STREET, 16TH FLOOR NEW YORK, NEW YORK 10038 (212) 513-7788 OUR FILE NO.: AXIS0812N22SDZ TO: [See Affidavit of Service] Service of a copy of the within is hereby admitted. 9 of 9