EXHIBIT(S) - B - TPS&C and Answer - Kevin Mcgonigal v. Nyy Steak Manhattan, Llc, Plaza Construction Corp., Baring Industries, Inc.

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On September 12, 2013 a tort case was filed by Kevin Mcgonigal, represented by Diamond, Andrew R, and Singer, Scott Neil, against Baring Industries, Inc., Nyy Steak Manhattan, Llc, and Plaza Construction Corp., represented by Aurilia, Patrick, Hall, Thomas James, Podell, Reed Michael et al. in the jurisdiction of New York County. Judge Margaret Pui Yee Chan presiding.

                        
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                          FILED: NEW YORK COUNTY CLERK 02/24/2015 12:01 PM         INDEX NO. 158327/2013
NYSCEF DOC. NO. 36                                 RECEIVED NYSCEF: 02/24/2015




                        EXHIBIT B
  complete indemnity is not granted in furtherance of the first cause of action hereinabove, then

 PLAZA is nevertheless entitled to contribution from BARING in proportion to the relative

 degrees of wrong doing as between PLAZA on the one part and BARING on the other part.

             22.   That, by reason thereof PLAZA is entitled to an allocation of any damages by

 reason of verdbt or judgment in proportion to the degrees of wrong doing.

                          AS AND FOR A FOURTH CAUSE OF ACTION
                                    AGAINST BARING

             23.   PLAZA repeats and realleges each and every allegation contained m

 paragraphs numbered "I" through "22".

             24.   That pursuant to the Trade Subcontract Agreement, BARING agreed to secure

 liability insuran…