Preview
FILED: QUEENS COUNTY CLERK 03/17/2023 04:02 PM INDEX NO. 719012/2019
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 03/17/2023
FILED: QUEENS COUNTY CLERK 03/17/2023
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NYSCEF DOC. NO. 81
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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SANDRO PINOS,
Index No.: 719012/2019
Plaintiff,
- against -
150 CENTRAL PARK SOUTH, INC., VERIFIED ANSWER TO
HAMPSHIRE HOUSE LLC, MARSTAR LLC, AMENDED VERIFIED
SCIAME CONSTRUCTION, LLC, and NOVA COMPLAINT
CONSTRUCTION SERVICES LLC,
Defendants.
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150 CENTRAL PARK SOUTH, INC., MARSTAR LLC
and SCIAME CONSTRUCTION, LLC,
Third-Party Plaintiffs, Third-Party Index No.:
- against -
NOVA CONSTRUCTION SERVICES, LLC and
KOSTAN, INC.,
Third-Party Defendants.
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Defendants/Third-Party Plaintiffs 150 CENTRAL PARK SOUTH, INC (“150 CENTRAL
PARK”), MARSTAR LLC (“MARSTAR”) and SCIAME CONSTRUCTION, LLC (“SCIAME”)
(hereinafter referred to collectively as “Answering Defendants”), by and through their attorneys
Nicoletti Hornig & Sweeney, hereby respond, upon information and belief, to Plaintiff SANDRO
PINOS’s (“Plaintiff”) Amended Verified Complaint, dated July 25, 2022, as follows:
AS AND TO THE FIRST CAUSE OF ACTION
1. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegation contained in paragraph “1” of the Amended Verified Complaint.
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2. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “2” of the Amended Verified Complaint, except admits that at certain times not
specifically set forth therein, 150 CENTRAL PARK SOUTH was and is a domestic business
corporation authorized to do business under and by virtue of the laws of the State of New York.
SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth
of the allegations set forth paragraph “2” of the Amended Verified Complaint.
3. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “3” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “3” of
the Amended Verified Complaint.
4. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “4” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “4” of
the Amended Verified Complaint.
5. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “5” of the Amended Verified Complaint, except admits that at certain times not
specifically set forth in the Amended Verified Complaint, 150 CENTRAL PARK SOUTH
conducted certain business in the State of New York not described with particularity in the
Amended Verified Complaint, and refers all questions of law to the Court and all questions of fact
to the trier thereof. SCIAME and MARSTAR deny knowledge or information sufficient to form a
belief as to the truth of the allegations set forth paragraph “5” of the Amended Verified Complaint.
6. 150 CENTRAL PARK SOUTH admits the truth of the allegations contained in
paragraph “6” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or
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information sufficient to form a belief as to the truth of the allegations set forth paragraph “6” of
the Amended Verified Complaint.
7. Paragraph “7” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required. 150 CENTRAL PARK SOUTH denies the truth of the allegations
contained in paragraph “7” of the Amended Verified Complaint to the extent the paragraph is
deemed factual and implies negligence, legal responsibility or violation of statutes by 150
CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally
responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof..
SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth
of the allegations set forth paragraph “7” of the Amended Verified Complaint.
8. Paragraph “8” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required. 150 CENTRAL PARK SOUTH denies the truth of the allegations
contained in paragraph “8” of the Amended Verified Complaint to the extent the paragraph is
deemed factual and implies negligence, legal responsibility or violation of statutes by 150
CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally
responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof..
SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth
of the allegations set forth paragraph “8” of the Amended Verified Complaint.
9. Paragraph “9” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required. 150 CENTRAL PARK SOUTH denies the truth of the allegations
contained in paragraph “9” of the Amended Verified Complaint to the extent the paragraph is
deemed factual and implies negligence, legal responsibility or violation of statutes by 150
CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally
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responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof..
SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth
of the allegations set forth paragraph “9” of the Amended Verified Complaint.
10. Paragraph “10” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required. 150 CENTRAL PARK SOUTH denies the truth of the allegations
contained in paragraph “10” of the Amended Verified Complaint to the extent the paragraph is
deemed factual and implies negligence, legal responsibility or violation of statutes by 150
CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally
responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof..
SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth
of the allegations set forth paragraph “10” of the Amended Verified Complaint.
11. Paragraph “11” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required. 150 CENTRAL PARK SOUTH denies the truth of the allegations
contained in paragraph “11” of the Amended Verified Complaint to the extent the paragraph is
deemed factual and implies negligence, legal responsibility or violation of statutes by 150
CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally
responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof..
SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth
of the allegations set forth paragraph “11” of the Amended Verified Complaint.
12. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “12” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “12”
of the Amended Verified Complaint.
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13. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “13” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “13”
of the Amended Verified Complaint.
14. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “14” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “14”
of the Amended Verified Complaint.
15. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “15” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “15”
of the Amended Verified Complaint.
16. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “16” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “16”
of the Amended Verified Complaint.
17. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “17” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “17”
of the Amended Verified Complaint.
18. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “18” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
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or information sufficient to form a belief as to the truth of the allegations set forth paragraph “18”
of the Amended Verified Complaint.
19. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “19” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “19”
of the Amended Verified Complaint.
20. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “20” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “20”
of the Amended Verified Complaint.
21. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “21” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “21”
of the Amended Verified Complaint.
22. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “22” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “22”
of the Amended Verified Complaint.
23. Paragraph “23” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; 150 CENTRAL PARK SOUTH denies the truth of the allegations
contained in paragraph “23” of the Amended Verified Complaint to the extent the paragraph is
deemed factual and implies negligence, legal responsibility or violation of statutes by 150
CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally
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responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof.
SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth
of the allegations set forth paragraph “23” of the Amended Verified Complaint.
24. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in
paragraph “24” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “24”
of the Amended Verified Complaint.
25. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “25” of the Amended Verified Complaint.
26. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “26” of the Amended Verified Complaint.
27. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “27” of the Amended Verified Complaint.
28. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “28” of the Amended Verified Complaint.
29. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “29” of the Amended Verified Complaint.
30. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “30” of the Amended Verified Complaint.
31. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “31” of the Amended Verified Complaint.
32. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “32” of the Amended Verified Complaint.
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33. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “33” of the Amended Verified Complaint.
34. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “34” of the Amended Verified Complaint.
35. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “35” of the Amended Verified Complaint.
36. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “36” of the Amended Verified Complaint.
37. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “37” of the Amended Verified Complaint.
38. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “38” of the Amended Verified Complaint.
39. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “39” of the Amended Verified Complaint.
40. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “40” of the Amended Verified Complaint.
41. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “41” of the Amended Verified Complaint.
42. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “42” of the Amended Verified Complaint.
43. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “43” of the Amended Verified Complaint.
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44. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “44” of the Amended Verified Complaint.
45. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “45” of the Amended Verified Complaint.
46. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “46” of the Amended Verified Complaint.
47. Answering Defendants deny knowledge or information sufficient to form a belief
as to the truth of the allegations set forth paragraph “47” of the Amended Verified Complaint.
48. MARSTAR denies the truth of the allegations contained in paragraph “48” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “48” of
the Amended Verified Complaint.
49. MARSTAR denies the truth of the allegations contained in paragraph “49” of the
Amended Verified Complaint, except admits that at certain times not specifically set forth in the
Verified Amended Complaint, MARSTAR was and is a foreign limited liability company
authorized to conduct certain business in New York not described with particularity in the
Amended Verified Complaint, and refers all questions or law to the Court and all questions of fact
to the trier thereof. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information
sufficient to form a belief as to the truth of the allegations set forth paragraph “49” of the Amended
Verified Complaint.
50. MARSTAR denies the truth of the allegations contained in paragraph “50” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
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information sufficient to form a belief as to the truth of the allegations set forth paragraph “50” of
the Amended Verified Complaint.
51. MARSTAR denies the truth of the allegations contained in paragraph “51” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “51” of
the Amended Verified Complaint.
52. MARSTAR and 150 CENTRAL PARK SOUTH deny the truth of the allegations
contained in paragraph “52” of the Amended Verified Complaint. SCIAME denies knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “52” of
the Amended Verified Complaint,
53. Paragraph “53” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; MARSTAR denies the truth of the allegations contained in
paragraph “53” of the Amended Verified Complaint to the extent the paragraph is deemed factual
and implies negligence, legal responsibility or violation of statutes by MARSTAR and/or any
person or entity for whom or which it could be held legally responsible, and refers all questions of
law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and
SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations
set forth paragraph “53” of the Amended Verified Complaint.
54. Paragraph “54” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; MARSTAR denies the truth of the allegations contained in
paragraph “54” of the Amended Verified Complaint to the extent the paragraph is deemed factual
and implies negligence, legal responsibility or violation of statutes by MARSTAR and/or any
person or entity for whom or which it could be held legally responsible, and refers all questions of
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law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and
SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations
set forth paragraph “54” of the Amended Verified Complaint.
55. Paragraph “55” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; MARSTAR denies the truth of the allegations contained in
paragraph “55” of the Amended Verified Complaint to the extent the paragraph is deemed factual
and implies negligence, legal responsibility or violation of statutes by MARSTAR and/or any
person or entity for whom or which it could be held legally responsible, and refers all questions of
law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and
SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations
set forth paragraph “55” of the Amended Verified Complaint.
56. Paragraph “56” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; MARSTAR denies the truth of the allegations contained in
paragraph “56” of the Amended Verified Complaint to the extent the paragraph is deemed factual
and implies negligence, legal responsibility or violation of statutes by MARSTAR and/or any
person or entity for whom or which it could be held legally responsible, and refers all questions of
law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and
SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations
set forth paragraph “56” of the Amended Verified Complaint.
57. Paragraph “57” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; MARSTAR denies the truth of the allegations contained in
paragraph “57” of the Amended Verified Complaint to the extent the paragraph is deemed factual
and implies negligence, legal responsibility or violation of statutes by MARSTAR and/or any
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person or entity for whom or which it could be held legally responsible, and refers all questions of
law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and
SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations
set forth paragraph “57” of the Amended Verified Complaint.
58. MARSTAR denies the truth of the allegations contained in paragraph “58” of the
Amended Verified Complaint, except admits that at certain times not specifically set forth in the
Amended Verified Complaint, MARSTAR was a lessee of certain portions of the building located
at 150 Central Park South, New York, not described with particularity in the Amended Verified
Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information
sufficient to form a belief as to the truth of the allegations set forth paragraph “58” of the Amended
Verified Complaint.
59. MARSTAR denies the truth of the allegations contained in paragraph “59” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “59” of
the Amended Verified Complaint.
60. MARSTAR denies the truth of the allegations contained in paragraph “60” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “60” of
the Amended Verified Complaint.
61. MARSTAR denies the truth of the allegations contained in paragraph “61” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “61” of
the Amended Verified Complaint.
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62. MARSTAR denies the truth of the allegations contained in paragraph “62” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “62” of
the Amended Verified Complaint.
63. MARSTAR denies the truth of the allegations contained in paragraph “63” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “63” of
the Amended Verified Complaint.
64. MARSTAR denies the truth of the allegations contained in paragraph “64” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “64” of
the Amended Verified Complaint.
65. MARSTAR denies the truth of the allegations contained in paragraph “65” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “65” of
the Amended Verified Complaint.
66. MARSTAR denies the truth of the allegations contained in paragraph “66” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “66” of
the Amended Verified Complaint.
67. MARSTAR denies the truth of the allegations contained in paragraph “67” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
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information sufficient to form a belief as to the truth of the allegations set forth paragraph “67” of
the Amended Verified Complaint.
68. MARSTAR denies the truth of the allegations contained in paragraph “68” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “68” of
the Amended Verified Complaint.
69. MARSTAR denies the truth of the allegations contained in paragraph “69” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or
information sufficient to form a belief as to the truth of the allegations set forth paragraph “69” of
the Amended Verified Complaint.
70. MARSTAR denies the truth of the allegations contained in paragraph “70” of the
Amended Verified Complaint except admits that at certain times not specifically set forth in the
Amended Verified Complaint, MARSTAR retained certain entities not specifically set forth in the
Amended Verified Complaint to perform work not described with particularity in the Amended
Verified Complaint in certain portions of a building not described with particularity in the
Amended Verified Complaint located at 150 Central Park South, New York, New York, and refers
all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK
SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth paragraph “70” of the Amended Verified Complaint.
71. SCIAME denies the truth of the allegations contained in paragraph “71” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “71”
of the Amended Verified Complaint.
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72. SCIAME denies the truth of the allegations contained in paragraph “72” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “72”
of the Amended Verified Complaint.
73. SCIAME denies the truth of the allegations contained in paragraph “73” of the
Amended Verified Complaint, except admits that at certain times not specifically set forth in the
Amended Verified Complaint, SCIAME was and is a domestic limited liability company
authorized to do business in the State of New York. 150 CENTRAL PARK SOUTH and
MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the
allegations set forth paragraph “73” of the Amended Verified Complaint.
74. SCIAME denies the truth of the allegations contained in paragraph “74” of the
Amended Verified Complaint, except admits that at certain times not specifically set forth in the
Amended Verified Complaint, SCIAME conducted certain business in the State of New York not
described with particularity in the Amended Verified Complaint, and refers all questions of law to
the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and
MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the
allegations set forth paragraph “74” of the Amended Verified Complaint.
75. Answering Defendants deny the truth of the allegations contained in paragraph “75”
of the Amended Verified Complaint.
76. Paragraph “76” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; SCIAME denies the truth of the allegations contained in paragraph
“76” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies
negligence, legal responsibility or violation of statutes by SCIAME and/or any person or entity for
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whom or which it could be held legally responsible, and refers all questions of law to the Court
and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
paragraph “76” of the Amended Verified Complaint.
77. Paragraph “77” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; SCIAME denies the truth of the allegations contained in paragraph
“77” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies
negligence, legal responsibility or violation of statutes by SCIAME and/or any person or entity for
whom or which it could be held legally responsible, and refers all questions of law to the Court
and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
paragraph “77” of the Amended Verified Complaint.
78. Paragraph “78” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; SCIAME denies the truth of the allegations contained in paragraph
“78” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies
negligence, legal responsibility or violation of statutes by SCIAME and/or any person or entity for
whom or which it could be held legally responsible, and refers all questions of law to the Court
and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
paragraph “78” of the Amended Verified Complaint.
79. Paragraph “79” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; SCIAME denies the truth of the allegations contained in paragraph
“79” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies
16
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negligence, legal responsibility or violation of statutes by SCIAME and/or any person or entity for
whom or which it could be held legally responsible, and refers all questions of law to the Court
and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
paragraph “79” of the Amended Verified Complaint.
80. Paragraph “80” of the Amended Verified Complaint calls for a legal conclusion for
which no response is required; SCIAME denies the truth of the allegations contained in paragraph
“80” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies
negligence, legal responsibility or violation of statutes by SCIAME and/or any person or entity for
whom or which it could be held legally responsible, and refers all questions of law to the Court
and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
paragraph “80” of the Amended Verified Complaint.
81. SCIAME denies the truth of the allegations contained in paragraph “81” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “81”
of the Amended Verified Complaint.
82. SCIAME denies the truth of the allegations contained in paragraph “82” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “82”
of the Amended Verified Complaint.
83. SCIAME denies the truth of the allegations contained in paragraph “83” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge
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or information sufficient to form a belief as to the truth of the allegations set forth paragraph “83”
of the Amended Verified Complaint.
84. SCIAME denies the truth of the allegations contained in paragraph “84” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “84”
of the Amended Verified Complaint.
85. SCIAME denies the truth of the allegations contained in paragraph “85” of the
Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge
or information sufficient to form a belief as to the truth of the allegations set forth paragraph “85”
of the Amended Verified Complaint.
86. SCIAME and MARSTAR deny the truth of the allegations contained in paragraph
“86” of the Amended Verified Complaint, except admit that at certain times not specifically set
forth in the Amended Verified Complaint, SCIAME was retained to perform certain work not
described with particularity in the Amended Verified Complaint in certain portions of a building
not specifically set forth in the Amended Verified Complaint located at 150 Central Park South,
New York, New York, and refer all questions of law to the Court and all questions of fact to the
trier thereof. 150 CENTRAL PARK SOUTH denies knowledge or information sufficient to form
a belief as to the truth of the allegations set forth paragraph “86” of the Amended Verified
Complaint.
87. SCIAME denies the truth of the allegations contained in paragraph “87” of the
Amended Verified Complaint, except admits that at certain times not specifically set forth in the
Amended Verified Complaint, SCIAME was retained to perform certain work not described with
particulari
Preview
FILED: QUEENS COUNTY CLERK 03/17/2023 04:02 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 03/17/2023 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X SANDRO PINOS, Index No.: 719012/2019 Plaintiff, - against - 150 CENTRAL PARK SOUTH, INC., VERIFIED ANSWER TO HAMPSHIRE HOUSE LLC, MARSTAR LLC, AMENDED VERIFIED SCIAME CONSTRUCTION, LLC, and NOVA COMPLAINT CONSTRUCTION SERVICES LLC, Defendants. --------------------------------------------------------------------X 150 CENTRAL PARK SOUTH, INC., MARSTAR LLC and SCIAME CONSTRUCTION, LLC, Third-Party Plaintiffs, Third-Party Index No.: - against - NOVA CONSTRUCTION SERVICES, LLC and KOSTAN, INC., Third-Party Defendants. --------------------------------------------------------------------X Defendants/Third-Party Plaintiffs 150 CENTRAL PARK SOUTH, INC (“150 CENTRAL PARK”), MARSTAR LLC (“MARSTAR”) and SCIAME CONSTRUCTION, LLC (“SCIAME”) (hereinafter referred to collectively as “Answering Defendants”), by and through their attorneys Nicoletti Hornig & Sweeney, hereby respond, upon information and belief, to Plaintiff SANDRO PINOS’s (“Plaintiff”) Amended Verified Complaint, dated July 25, 2022, as follows: AS AND TO THE FIRST CAUSE OF ACTION 1. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph “1” of the Amended Verified Complaint. 1 1 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 2. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “2” of the Amended Verified Complaint, except admits that at certain times not specifically set forth therein, 150 CENTRAL PARK SOUTH was and is a domestic business corporation authorized to do business under and by virtue of the laws of the State of New York. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “2” of the Amended Verified Complaint. 3. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “3” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “3” of the Amended Verified Complaint. 4. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “4” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “4” of the Amended Verified Complaint. 5. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “5” of the Amended Verified Complaint, except admits that at certain times not specifically set forth in the Amended Verified Complaint, 150 CENTRAL PARK SOUTH conducted certain business in the State of New York not described with particularity in the Amended Verified Complaint, and refers all questions of law to the Court and all questions of fact to the trier thereof. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “5” of the Amended Verified Complaint. 6. 150 CENTRAL PARK SOUTH admits the truth of the allegations contained in paragraph “6” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or 2 2 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 information sufficient to form a belief as to the truth of the allegations set forth paragraph “6” of the Amended Verified Complaint. 7. Paragraph “7” of the Amended Verified Complaint calls for a legal conclusion for which no response is required. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “7” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by 150 CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof.. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “7” of the Amended Verified Complaint. 8. Paragraph “8” of the Amended Verified Complaint calls for a legal conclusion for which no response is required. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “8” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by 150 CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof.. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “8” of the Amended Verified Complaint. 9. Paragraph “9” of the Amended Verified Complaint calls for a legal conclusion for which no response is required. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “9” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by 150 CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally 3 3 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof.. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “9” of the Amended Verified Complaint. 10. Paragraph “10” of the Amended Verified Complaint calls for a legal conclusion for which no response is required. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “10” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by 150 CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof.. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “10” of the Amended Verified Complaint. 11. Paragraph “11” of the Amended Verified Complaint calls for a legal conclusion for which no response is required. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “11” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by 150 CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof.. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “11” of the Amended Verified Complaint. 12. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “12” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “12” of the Amended Verified Complaint. 4 4 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 13. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “13” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “13” of the Amended Verified Complaint. 14. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “14” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “14” of the Amended Verified Complaint. 15. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “15” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “15” of the Amended Verified Complaint. 16. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “16” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “16” of the Amended Verified Complaint. 17. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “17” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “17” of the Amended Verified Complaint. 18. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “18” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge 5 5 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 or information sufficient to form a belief as to the truth of the allegations set forth paragraph “18” of the Amended Verified Complaint. 19. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “19” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “19” of the Amended Verified Complaint. 20. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “20” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “20” of the Amended Verified Complaint. 21. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “21” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “21” of the Amended Verified Complaint. 22. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “22” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “22” of the Amended Verified Complaint. 23. Paragraph “23” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “23” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by 150 CENTRAL PARK SOUTH and/or any person or entity for whom or which it could be held legally 6 6 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “23” of the Amended Verified Complaint. 24. 150 CENTRAL PARK SOUTH denies the truth of the allegations contained in paragraph “24” of the Amended Verified Complaint. SCIAME and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “24” of the Amended Verified Complaint. 25. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “25” of the Amended Verified Complaint. 26. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “26” of the Amended Verified Complaint. 27. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “27” of the Amended Verified Complaint. 28. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “28” of the Amended Verified Complaint. 29. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “29” of the Amended Verified Complaint. 30. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “30” of the Amended Verified Complaint. 31. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “31” of the Amended Verified Complaint. 32. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “32” of the Amended Verified Complaint. 7 7 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 33. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “33” of the Amended Verified Complaint. 34. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “34” of the Amended Verified Complaint. 35. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “35” of the Amended Verified Complaint. 36. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “36” of the Amended Verified Complaint. 37. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “37” of the Amended Verified Complaint. 38. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “38” of the Amended Verified Complaint. 39. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “39” of the Amended Verified Complaint. 40. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “40” of the Amended Verified Complaint. 41. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “41” of the Amended Verified Complaint. 42. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “42” of the Amended Verified Complaint. 43. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “43” of the Amended Verified Complaint. 8 8 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 44. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “44” of the Amended Verified Complaint. 45. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “45” of the Amended Verified Complaint. 46. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “46” of the Amended Verified Complaint. 47. Answering Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “47” of the Amended Verified Complaint. 48. MARSTAR denies the truth of the allegations contained in paragraph “48” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “48” of the Amended Verified Complaint. 49. MARSTAR denies the truth of the allegations contained in paragraph “49” of the Amended Verified Complaint, except admits that at certain times not specifically set forth in the Verified Amended Complaint, MARSTAR was and is a foreign limited liability company authorized to conduct certain business in New York not described with particularity in the Amended Verified Complaint, and refers all questions or law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “49” of the Amended Verified Complaint. 50. MARSTAR denies the truth of the allegations contained in paragraph “50” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or 9 9 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 information sufficient to form a belief as to the truth of the allegations set forth paragraph “50” of the Amended Verified Complaint. 51. MARSTAR denies the truth of the allegations contained in paragraph “51” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “51” of the Amended Verified Complaint. 52. MARSTAR and 150 CENTRAL PARK SOUTH deny the truth of the allegations contained in paragraph “52” of the Amended Verified Complaint. SCIAME denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “52” of the Amended Verified Complaint, 53. Paragraph “53” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; MARSTAR denies the truth of the allegations contained in paragraph “53” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by MARSTAR and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “53” of the Amended Verified Complaint. 54. Paragraph “54” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; MARSTAR denies the truth of the allegations contained in paragraph “54” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by MARSTAR and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of 10 10 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “54” of the Amended Verified Complaint. 55. Paragraph “55” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; MARSTAR denies the truth of the allegations contained in paragraph “55” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by MARSTAR and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “55” of the Amended Verified Complaint. 56. Paragraph “56” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; MARSTAR denies the truth of the allegations contained in paragraph “56” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by MARSTAR and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “56” of the Amended Verified Complaint. 57. Paragraph “57” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; MARSTAR denies the truth of the allegations contained in paragraph “57” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by MARSTAR and/or any 11 11 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “57” of the Amended Verified Complaint. 58. MARSTAR denies the truth of the allegations contained in paragraph “58” of the Amended Verified Complaint, except admits that at certain times not specifically set forth in the Amended Verified Complaint, MARSTAR was a lessee of certain portions of the building located at 150 Central Park South, New York, not described with particularity in the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “58” of the Amended Verified Complaint. 59. MARSTAR denies the truth of the allegations contained in paragraph “59” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “59” of the Amended Verified Complaint. 60. MARSTAR denies the truth of the allegations contained in paragraph “60” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “60” of the Amended Verified Complaint. 61. MARSTAR denies the truth of the allegations contained in paragraph “61” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “61” of the Amended Verified Complaint. 12 12 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 62. MARSTAR denies the truth of the allegations contained in paragraph “62” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “62” of the Amended Verified Complaint. 63. MARSTAR denies the truth of the allegations contained in paragraph “63” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “63” of the Amended Verified Complaint. 64. MARSTAR denies the truth of the allegations contained in paragraph “64” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “64” of the Amended Verified Complaint. 65. MARSTAR denies the truth of the allegations contained in paragraph “65” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “65” of the Amended Verified Complaint. 66. MARSTAR denies the truth of the allegations contained in paragraph “66” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “66” of the Amended Verified Complaint. 67. MARSTAR denies the truth of the allegations contained in paragraph “67” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or 13 13 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 information sufficient to form a belief as to the truth of the allegations set forth paragraph “67” of the Amended Verified Complaint. 68. MARSTAR denies the truth of the allegations contained in paragraph “68” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “68” of the Amended Verified Complaint. 69. MARSTAR denies the truth of the allegations contained in paragraph “69” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “69” of the Amended Verified Complaint. 70. MARSTAR denies the truth of the allegations contained in paragraph “70” of the Amended Verified Complaint except admits that at certain times not specifically set forth in the Amended Verified Complaint, MARSTAR retained certain entities not specifically set forth in the Amended Verified Complaint to perform work not described with particularity in the Amended Verified Complaint in certain portions of a building not described with particularity in the Amended Verified Complaint located at 150 Central Park South, New York, New York, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and SCIAME deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “70” of the Amended Verified Complaint. 71. SCIAME denies the truth of the allegations contained in paragraph “71” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “71” of the Amended Verified Complaint. 14 14 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 72. SCIAME denies the truth of the allegations contained in paragraph “72” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “72” of the Amended Verified Complaint. 73. SCIAME denies the truth of the allegations contained in paragraph “73” of the Amended Verified Complaint, except admits that at certain times not specifically set forth in the Amended Verified Complaint, SCIAME was and is a domestic limited liability company authorized to do business in the State of New York. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “73” of the Amended Verified Complaint. 74. SCIAME denies the truth of the allegations contained in paragraph “74” of the Amended Verified Complaint, except admits that at certain times not specifically set forth in the Amended Verified Complaint, SCIAME conducted certain business in the State of New York not described with particularity in the Amended Verified Complaint, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “74” of the Amended Verified Complaint. 75. Answering Defendants deny the truth of the allegations contained in paragraph “75” of the Amended Verified Complaint. 76. Paragraph “76” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; SCIAME denies the truth of the allegations contained in paragraph “76” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by SCIAME and/or any person or entity for 15 15 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “76” of the Amended Verified Complaint. 77. Paragraph “77” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; SCIAME denies the truth of the allegations contained in paragraph “77” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by SCIAME and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “77” of the Amended Verified Complaint. 78. Paragraph “78” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; SCIAME denies the truth of the allegations contained in paragraph “78” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by SCIAME and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “78” of the Amended Verified Complaint. 79. Paragraph “79” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; SCIAME denies the truth of the allegations contained in paragraph “79” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies 16 16 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 negligence, legal responsibility or violation of statutes by SCIAME and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “79” of the Amended Verified Complaint. 80. Paragraph “80” of the Amended Verified Complaint calls for a legal conclusion for which no response is required; SCIAME denies the truth of the allegations contained in paragraph “80” of the Amended Verified Complaint to the extent the paragraph is deemed factual and implies negligence, legal responsibility or violation of statutes by SCIAME and/or any person or entity for whom or which it could be held legally responsible, and refers all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “80” of the Amended Verified Complaint. 81. SCIAME denies the truth of the allegations contained in paragraph “81” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “81” of the Amended Verified Complaint. 82. SCIAME denies the truth of the allegations contained in paragraph “82” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “82” of the Amended Verified Complaint. 83. SCIAME denies the truth of the allegations contained in paragraph “83” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge 17 17 of 39 FILED: QUEENS COUNTY CLERK 03/17/2023 10/03/2022 04:02 12:41 PM INDEX NO. 719012/2019 NYSCEF DOC. NO. 81 44 RECEIVED NYSCEF: 03/17/2023 10/03/2022 or information sufficient to form a belief as to the truth of the allegations set forth paragraph “83” of the Amended Verified Complaint. 84. SCIAME denies the truth of the allegations contained in paragraph “84” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “84” of the Amended Verified Complaint. 85. SCIAME denies the truth of the allegations contained in paragraph “85” of the Amended Verified Complaint. 150 CENTRAL PARK SOUTH and MARSTAR deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “85” of the Amended Verified Complaint. 86. SCIAME and MARSTAR deny the truth of the allegations contained in paragraph “86” of the Amended Verified Complaint, except admit that at certain times not specifically set forth in the Amended Verified Complaint, SCIAME was retained to perform certain work not described with particularity in the Amended Verified Complaint in certain portions of a building not specifically set forth in the Amended Verified Complaint located at 150 Central Park South, New York, New York, and refer all questions of law to the Court and all questions of fact to the trier thereof. 150 CENTRAL PARK SOUTH denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth paragraph “86” of the Amended Verified Complaint. 87. SCIAME denies the truth of the allegations contained in paragraph “87” of the Amended Verified Complaint, except admits that at certain times not specifically set forth in the Amended Verified Complaint, SCIAME was retained to perform certain work not described with particulari