Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023
08/07/2018 12:51
01:49 PM INDEX NO. 150253/2017
NYSCEF DOC. NO. 116
30 RECEIVED NYSCEF: 01/31/2023
08/07/2018
MJM:mt
7/27/18
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
! INDEX NO.
JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN,
150253/17
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.,
fgpdapts
THIRD-PARTY
CONSOLIDATED EDISON COMPANY OF NEW YORK,
INDEX NO.
INC.,
596024/17
Third Party Plaintiff,
- against -
CAC INDUSTRIES, INC.,
hi d pgfgpda
Party
CONSOLIDATED EDISON COMPANY OF NEW YORK, SECOND-THIRD-PARTY
INC., SUMMONS
Second-Third-Party Plaintiff,
- against -
CARLO LIZZA & SONS PAVING, INC.,
Second-
. higg-Payty Defendap
TO THE ABOVE NAMED THIRD-PARTY DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint of the second-
third-party plaintiff and the complaint of the plaintiff, copies of which are herewith
served upon you, and to serve copies of your answer upon the undersigned, Nadine
Our File No.
2017-000639/
FN2012060
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Rivellese, attorney for the third-party plaintiff, Consolidated Edison Company of New
York, Inc., and upon the attorney for the plaintiff, LERNER, ARNOLD & WINSTON,
LLP, at 475 Park Avenue South, 28th Floor, New York, NY 10016, within twenty (20)
days after service of this third-party summons and complaint (or within thirty [30] days
after the service is complete if this summons is not personally delivered to you within
the State of New York).
In the event you fail to answer this second-third-party complaint or the
plaintiff's complaint, judgment will be taken against you by default for the relief
demanded in the second-third-party complaint.
Dated:New York, New York
July 27, 2018.
Yours, etc.,
NADINE RIVELLESE
Attorney for Second-Third Party Plaintiff
Consolidated Edison Company
of New York, Inc.
4 Irving Place
New York, NY 10003-3598
TO:
CARLO LIZZA & SONS PAVING, INC.
c/o ELIA ALY LIZZA
Second-Third-Party Defendant
42 Yellowcote Road
Oyster Bay, NY 11771
- 2 -
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF_NEW ORK
INDEX NO.
JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN,
150253/17
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.,
Defppdapts.
THIRD-PARTY
CONSOLIDATED EDISON COMPANY OF NEW YORK,
INDEX NO.
INC.,
596024/17
Third Party Plaintiff,
- against -
CAC INDUSTRIES, INC.,
__________________________Third
Third PapyLppfgpda
CONSOLIDATED EDISON COMPANY OF NEW VERIFIED SECOND-
YORK,
INC., THIRD-PARTY
COMPLAINT
Second-Third-Party Plaintiff,
- against -
CARLO LIZZA & SONS PAVING, INC.,
Second-Thi d-Pa †Lpgfppda
The second-third-party plaintiff, Consolidated Edison Company of New
York, Inc., its attorney, Nadine Rivellese, as and for its third-party complaint, alleges
by
upon information and belief:
Our File No.
2017-000639/
FN2012060
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NYSCEF DOC. NO. 116
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FIRST: At all times hereinafter mentioned, Consolidated Edison
Edison"
Company of New York, Inc. ("Con Edison") was and is a domestic corporation duly
organized and existing
under and by virtue of the Laws of the State of New York.
SECOND: At all times hereinafter mentioned, CARLO LIZZA & SONS
PAVING, INC., was and still is a corporation organized and existing under and by
duly
virtue of the laws of the State of New York.
THIRD: At all times hereinafter mentioned, CARLO LIZZA & SONS
PAVING, INC. was and is 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.
AS AND FOR A CAUSE OF ACTION AGAINST
THIRD-PARTY DEFENDANT
CARLO LIZZA & SONS PAVING, INC. FOR NEGLIGENCE:
FOURTH: Con Edison repeats, reiterates, and realleges each and every
"FIRST" "THIRD,"
allegation contained in paragraphs through "THIRD, hereinabove, as if the
same were set forth particularly and at length herein.
FIFTH: On or about February 22, 2016, in the roadway at the intersection
of 95 Street and 56 New plaintiff sustained personal
Avenue, York, NY, allegedly
injuries as a result of acts or omissions claimed to have been caused by Con Edison.
SIXTH: As a result of this alleged accident, the plaintiff commenced this
action against Con Edison, alleging in the complaint that she sustained personal injuries
due to the negligence of Con Edison. A copy of the pleadings is annexed as Exhibit A.
- 2 -
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SEVENTH: If the injuries and damages were sustained as alleged in
plaintiff's complaint, they were sustained either through the negligence of the plaintiff
and/or the Second-Third-Party Defendant, CARLO LIZZA & SONS PAVING, INC.,
and not through the negligence of Con Edison.
EIGHTH: If Con Edison is held liable to the plaintiff, liability arose out of
the negligence of CARLO LIZZA & SONS PAVING, INC., and Con Edison is entitled to
indemnification by or contribution from CARLO LIZZA & SONS PAVING, INC. for the
amount of any verdict or judgment against Con Edison.
WHEREFORE, Con Edison demands judgment dismissing the complaint
herein, as to it, together with the costs and disbursements of this action or in the event
that the plaintiff recover judgment against it herein, then Con Edison demands
judgment over and against the second-third-party defendant for the amount of said
judgment together with the costs and disbursements of this action.
NADINE RIVELLESE
Attorney for Second-Third-Party Plaintiff
Consolidated Edison Company
of New York, Inc.
4 Irving Place
New York, NY 10003-3598
-3 -
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M JM:mt
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________-____________________________________________________________.
! INDEX NO.
JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN,
150253/17
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.,
Dp[qqdapts
THIRD-PARTY
CONSOLIDATED EDISON COMPANY OF NEW YORK,
INDEX NO.
INC.,
596024/17
Third Party Plaintiff,
- against -
CAC INDUSTRIES, INC.,
Thi Pa Dg[qqda
___ ty
CONSOLIDATED EDISON COMPANY OF NEW YORK, NOTICE
INC.,
Second-Third-Party Plaintiff,
- against -
CARLO LIZZA & SONS PAVING, INC.,
Dgfppda
Second-Thitd-Party
SIRS:
PLEASE TAKE NOTICE, that this is a copy of the second-third-party
summons and complaint of Consolidated Edison Company of New York, Inc., which
Our File No.
2017-000639/
FN2012060
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was served on the second-third-party defendant, CARLO LIZZA & SONS PAVING,
INC., on the day of , 2018.
Dated:New York, New York
Yours, etc.,
NADINE RIVELLESE
Attorney for Third-Party Plaintiff
Consolidated Edison Company
of New York, Inc.
4 Irving Place
New York, N.Y. 10003-3598
TO:
CLERK - SUPREME COURT
COUNTY OF NEW YORK
LERNER, ARNOLD & WINSTON, LLP.
Attorneys for Plaintiffs
475 Park Avenue South, 28th Floor
New York, NY 10016
ZACHARY W. CARTER, ESQ.
Corporation Counsel
Attorney for Defendants THE CITY OF NEW YORK and THE NEW YORK CITY DEPT.
OF TRANSPORTATION
100 Church 46 Floor
Street,
New York, NY 10007
JAMES J. TOOMEY
Attorneys for Defendant CAC INDUSTRIES, INC.
485 Lexington 76 Floor
Avenue,
New York, NY 10017
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SUPREME COURT OF THE STATE OF NEW YORK
CPUNTY OF NEW ORK
| INDEX NO.
JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN,
150253/17
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.,
Defpgdapts
_____________.
THIRD-PARTY
CONSOLIDATED EDISON COMPANY OF NEW YORK,
INDEX NO.
INC.,
596024/17
Third Party Plaintiff,
- against -
CAC INDUSTRIES, INC.,
Thi d Dgfggda
. Party
STATEMENT PURSUANT TO RULE 3402(b)
OF THE CIVIL PRACTICE LAW AND RULES
CARLO LIZZA & SONS PAVING, INC. was impleaded as second-third-
party defendant herein pursuant to Section 1007 of the Civil Practice Law and Rules.
The title of the action now reads as follows:
Our File No.
2017-000639/
FN2012060
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MJM:mt
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
INDEX NO.
JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN,
150253/17
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.,
ants
THIRD-PARTY
CONSOLIDATED EDISON COMPANY OF NEW YORK,
INDEX NO.
INC.,
596024/17
Third Party Plaintiff,
- against -
CAC INDUSTRIES, INC.,
Thi Pa ty_pg[qpda
CONSOLIDATED EDISON COMPANY OF NEW YORK,
INC.,
Second-Third-Party Plaintiff,
- against -
CARLO LIZZA & SONS PAVING, INC.,
pefppdan
. Secpp4 it4fatty
This case bears Index No. 150253/17. No Note of Issue has been served in
this action.
Dated:New York, New York
July 27, 2018.
Our FileNo.
2017-000639/
FN2012060
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NYSCEF DOC. NO. 116
30 RECEIVED NYSCEF: 01/31/2023
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Yours, etc.,
NADINE RIVELLESE
Attorney for Second-Third Party Plaintiff
Consolidated Edison Company of
New York, Inc.
4 Irving Place
New York, N.Y. 10003-3598
TO:
CLERK - SUPREME COURT
COUNTY OF NEW YORK
LERNER, ARNOLD & WINSTON, LLP.
Attorneys for Plaintiffs
475 Park Avenue South, 28th Floor
New York, NY 10016
ZACHARY W. CARTER, ESQ.
Corporation Counsel
Attorney for Defendants THE CITY OF NEW YORK and THE NEW YORK CITY DEPT.
OF TRANSPORTATION
100 Church 46 Floor
Street,
New York, NY 10007
JAMES J. TOOMEY
Attorneys for Defendant CAC INDUSTRIES, INC.
485 Lexington 75 Floor
Avenue,
New York, NY 10017
CARLO LIZZA & SONS PAVING, INC.
c/o ELIA ALY LIZZA
Second-Third-Party Defendant
42 Yellowcote Road
Oyster Bay, NY 11771
- 3 -
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CERTIFICATION
The undersigned certifies that to the best of my knowledge, information
and belief, the within THIRD PARTY SUMMONS, VERIFIED COMPLAINT AND
STATEMENT PURSUANT TO RULE 3402(b) CPLR, as presented, served and/or filed
are not frivolous as defined in Section 130-1.1(a) and (c) of the Rules of the Chief
Administrator of the Courts (22 NYCRR).
Yours, etc.,
NADINE RIVELLESE
By:
~wg
Attorney for Second-Third Party Plaintiff
Consolidated Edison Company
of New York, Inc.
4 Place
Irving
New York, NY 10003-3598
Tel. No. 212/460-3355
Our File No.
2017-000639/
FN2012060
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NYSCEF DOC. NO. 116
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CORPORATE VERIFICATION
STATE OF NEW YORK )
) SS.:
COUNTY OF NEW YORK )
The undersigned, being duly sworn, deposes and says: That I am an officer
of Consolidated Edison Company of New York, Inc.; that the foregoing is true to my
knowledge except as to the matters therein stated to be alleged upon information and
belief, and that as to those matters I believe it to be true.
h'
An Officer of
Consolidated Edison Company
of New York, Inc.
pi 'V
'3
Sworn to before me this
of 2018
3 day July,
otary Public
Our File No. KHABIRA OAKES
Notary Public, State of New York
2017-000639/ No. 010A6129418
FN2012060 Qualified in Richmond County
Commission Expires June 20,2021
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Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 MJM:mt 7/27/18 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ! INDEX NO. JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, 150253/17 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., fgpdapts THIRD-PARTY CONSOLIDATED EDISON COMPANY OF NEW YORK, INDEX NO. INC., 596024/17 Third Party Plaintiff, - against - CAC INDUSTRIES, INC., hi d pgfgpda Party CONSOLIDATED EDISON COMPANY OF NEW YORK, SECOND-THIRD-PARTY INC., SUMMONS Second-Third-Party Plaintiff, - against - CARLO LIZZA & SONS PAVING, INC., Second- . higg-Payty Defendap TO THE ABOVE NAMED THIRD-PARTY DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint of the second- third-party plaintiff and the complaint of the plaintiff, copies of which are herewith served upon you, and to serve copies of your answer upon the undersigned, Nadine Our File No. 2017-000639/ FN2012060 1 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 Rivellese, attorney for the third-party plaintiff, Consolidated Edison Company of New York, Inc., and upon the attorney for the plaintiff, LERNER, ARNOLD & WINSTON, LLP, at 475 Park Avenue South, 28th Floor, New York, NY 10016, within twenty (20) days after service of this third-party summons and complaint (or within thirty [30] days after the service is complete if this summons is not personally delivered to you within the State of New York). In the event you fail to answer this second-third-party complaint or the plaintiff's complaint, judgment will be taken against you by default for the relief demanded in the second-third-party complaint. Dated:New York, New York July 27, 2018. Yours, etc., NADINE RIVELLESE Attorney for Second-Third Party Plaintiff Consolidated Edison Company of New York, Inc. 4 Irving Place New York, NY 10003-3598 TO: CARLO LIZZA & SONS PAVING, INC. c/o ELIA ALY LIZZA Second-Third-Party Defendant 42 Yellowcote Road Oyster Bay, NY 11771 - 2 - 2 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 MJM:mt 7/27/18 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF_NEW ORK INDEX NO. JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, 150253/17 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., Defppdapts. THIRD-PARTY CONSOLIDATED EDISON COMPANY OF NEW YORK, INDEX NO. INC., 596024/17 Third Party Plaintiff, - against - CAC INDUSTRIES, INC., __________________________Third Third PapyLppfgpda CONSOLIDATED EDISON COMPANY OF NEW VERIFIED SECOND- YORK, INC., THIRD-PARTY COMPLAINT Second-Third-Party Plaintiff, - against - CARLO LIZZA & SONS PAVING, INC., Second-Thi d-Pa †Lpgfppda The second-third-party plaintiff, Consolidated Edison Company of New York, Inc., its attorney, Nadine Rivellese, as and for its third-party complaint, alleges by upon information and belief: Our File No. 2017-000639/ FN2012060 3 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 FIRST: At all times hereinafter mentioned, Consolidated Edison Edison" Company of New York, Inc. ("Con Edison") was and is a domestic corporation duly organized and existing under and by virtue of the Laws of the State of New York. SECOND: At all times hereinafter mentioned, CARLO LIZZA & SONS PAVING, INC., was and still is a corporation organized and existing under and by duly virtue of the laws of the State of New York. THIRD: At all times hereinafter mentioned, CARLO LIZZA & SONS PAVING, INC. was and is 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. AS AND FOR A CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT CARLO LIZZA & SONS PAVING, INC. FOR NEGLIGENCE: FOURTH: Con Edison repeats, reiterates, and realleges each and every "FIRST" "THIRD," allegation contained in paragraphs through "THIRD, hereinabove, as if the same were set forth particularly and at length herein. FIFTH: On or about February 22, 2016, in the roadway at the intersection of 95 Street and 56 New plaintiff sustained personal Avenue, York, NY, allegedly injuries as a result of acts or omissions claimed to have been caused by Con Edison. SIXTH: As a result of this alleged accident, the plaintiff commenced this action against Con Edison, alleging in the complaint that she sustained personal injuries due to the negligence of Con Edison. A copy of the pleadings is annexed as Exhibit A. - 2 - 4 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 SEVENTH: If the injuries and damages were sustained as alleged in plaintiff's complaint, they were sustained either through the negligence of the plaintiff and/or the Second-Third-Party Defendant, CARLO LIZZA & SONS PAVING, INC., and not through the negligence of Con Edison. EIGHTH: If Con Edison is held liable to the plaintiff, liability arose out of the negligence of CARLO LIZZA & SONS PAVING, INC., and Con Edison is entitled to indemnification by or contribution from CARLO LIZZA & SONS PAVING, INC. for the amount of any verdict or judgment against Con Edison. WHEREFORE, Con Edison demands judgment dismissing the complaint herein, as to it, together with the costs and disbursements of this action or in the event that the plaintiff recover judgment against it herein, then Con Edison demands judgment over and against the second-third-party defendant for the amount of said judgment together with the costs and disbursements of this action. NADINE RIVELLESE Attorney for Second-Third-Party Plaintiff Consolidated Edison Company of New York, Inc. 4 Irving Place New York, NY 10003-3598 -3 - 5 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 M JM:mt 7/27/1 8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __________________________-____________________________________________________________. ! INDEX NO. JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, 150253/17 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., Dp[qqdapts THIRD-PARTY CONSOLIDATED EDISON COMPANY OF NEW YORK, INDEX NO. INC., 596024/17 Third Party Plaintiff, - against - CAC INDUSTRIES, INC., Thi Pa Dg[qqda ___ ty CONSOLIDATED EDISON COMPANY OF NEW YORK, NOTICE INC., Second-Third-Party Plaintiff, - against - CARLO LIZZA & SONS PAVING, INC., Dgfppda Second-Thitd-Party SIRS: PLEASE TAKE NOTICE, that this is a copy of the second-third-party summons and complaint of Consolidated Edison Company of New York, Inc., which Our File No. 2017-000639/ FN2012060 6 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 was served on the second-third-party defendant, CARLO LIZZA & SONS PAVING, INC., on the day of , 2018. Dated:New York, New York Yours, etc., NADINE RIVELLESE Attorney for Third-Party Plaintiff Consolidated Edison Company of New York, Inc. 4 Irving Place New York, N.Y. 10003-3598 TO: CLERK - SUPREME COURT COUNTY OF NEW YORK LERNER, ARNOLD & WINSTON, LLP. Attorneys for Plaintiffs 475 Park Avenue South, 28th Floor New York, NY 10016 ZACHARY W. CARTER, ESQ. Corporation Counsel Attorney for Defendants THE CITY OF NEW YORK and THE NEW YORK CITY DEPT. OF TRANSPORTATION 100 Church 46 Floor Street, New York, NY 10007 JAMES J. TOOMEY Attorneys for Defendant CAC INDUSTRIES, INC. 485 Lexington 76 Floor Avenue, New York, NY 10017 7 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 MJM:mt 7/27/18 SUPREME COURT OF THE STATE OF NEW YORK CPUNTY OF NEW ORK | INDEX NO. JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, 150253/17 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., Defpgdapts _____________. THIRD-PARTY CONSOLIDATED EDISON COMPANY OF NEW YORK, INDEX NO. INC., 596024/17 Third Party Plaintiff, - against - CAC INDUSTRIES, INC., Thi d Dgfggda . Party STATEMENT PURSUANT TO RULE 3402(b) OF THE CIVIL PRACTICE LAW AND RULES CARLO LIZZA & SONS PAVING, INC. was impleaded as second-third- party defendant herein pursuant to Section 1007 of the Civil Practice Law and Rules. The title of the action now reads as follows: Our File No. 2017-000639/ FN2012060 8 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 MJM:mt 7/27/18 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO. JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, 150253/17 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., ants THIRD-PARTY CONSOLIDATED EDISON COMPANY OF NEW YORK, INDEX NO. INC., 596024/17 Third Party Plaintiff, - against - CAC INDUSTRIES, INC., Thi Pa ty_pg[qpda CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Second-Third-Party Plaintiff, - against - CARLO LIZZA & SONS PAVING, INC., pefppdan . Secpp4 it4fatty This case bears Index No. 150253/17. No Note of Issue has been served in this action. Dated:New York, New York July 27, 2018. Our FileNo. 2017-000639/ FN2012060 - 2 - 9 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 Yours, etc., NADINE RIVELLESE Attorney for Second-Third Party Plaintiff Consolidated Edison Company of New York, Inc. 4 Irving Place New York, N.Y. 10003-3598 TO: CLERK - SUPREME COURT COUNTY OF NEW YORK LERNER, ARNOLD & WINSTON, LLP. Attorneys for Plaintiffs 475 Park Avenue South, 28th Floor New York, NY 10016 ZACHARY W. CARTER, ESQ. Corporation Counsel Attorney for Defendants THE CITY OF NEW YORK and THE NEW YORK CITY DEPT. OF TRANSPORTATION 100 Church 46 Floor Street, New York, NY 10007 JAMES J. TOOMEY Attorneys for Defendant CAC INDUSTRIES, INC. 485 Lexington 75 Floor Avenue, New York, NY 10017 CARLO LIZZA & SONS PAVING, INC. c/o ELIA ALY LIZZA Second-Third-Party Defendant 42 Yellowcote Road Oyster Bay, NY 11771 - 3 - 10 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 CERTIFICATION The undersigned certifies that to the best of my knowledge, information and belief, the within THIRD PARTY SUMMONS, VERIFIED COMPLAINT AND STATEMENT PURSUANT TO RULE 3402(b) CPLR, as presented, served and/or filed are not frivolous as defined in Section 130-1.1(a) and (c) of the Rules of the Chief Administrator of the Courts (22 NYCRR). Yours, etc., NADINE RIVELLESE By: ~wg Attorney for Second-Third Party Plaintiff Consolidated Edison Company of New York, Inc. 4 Place Irving New York, NY 10003-3598 Tel. No. 212/460-3355 Our File No. 2017-000639/ FN2012060 11 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08/07/2018 12:51 01:49 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 116 30 RECEIVED NYSCEF: 01/31/2023 08/07/2018 CORPORATE VERIFICATION STATE OF NEW YORK ) ) SS.: COUNTY OF NEW YORK ) The undersigned, being duly sworn, deposes and says: That I am an officer of Consolidated Edison Company of New York, Inc.; that the foregoing is true to my knowledge except as to the matters therein stated to be alleged upon information and belief, and that as to those matters I believe it to be true. h' An Officer of Consolidated Edison Company of New York, Inc. pi 'V '3 Sworn to before me this of 2018 3 day July, otary Public Our File No. KHABIRA OAKES Notary Public, State of New York 2017-000639/ No. 010A6129418 FN2012060 Qualified in Richmond County Commission Expires June 20,2021 12 of 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 08