Preview
FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/30/2023
EXHIBIT “B”
FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020
NYSCEF DOC. NO. 94
21 RECEIVED NYSCEF: 05/30/2023
04/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SEAN YOUNG and KIMBERLY YOUNG,
NOTICE PURSUANT TO
Plaintiffs CPLR § 3402(b)
-against- Index No: 161241/2020
JAMESTOWN 450 WEST 15TH STREET L.P.,
JAMESTOWN PROPERTIES CORP.,
AGB 15TH STREET L.L.C, MILK STUDIOS,
LLC, and “ABC CORPORATION” a fictitious corporation
representing unidentified individudals, businesses
and/or corporations who owed, controlled, maintained
or was otherwise responsible for the subject premises,
Defendants.
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MILK STUDIOS, LLC,
Third-Party Plaintiff, TP Index No.:
-against-
BRODERVILLE PICTURES and WINDMILL
STUDIOS NYC,
Third-Party Defendants.
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C O U N S E L O R S:
PLEASE TAKE NOTICE, that in the above-entitled actions pursuant to CPLR
§3402(b), the Defendant, MILK STUDIOS, LLC, has impleaded BRODERVILLE PICTURES
and WINDMILL STUDIOS NYC as Third-Party Defendants; that a copy of this statement has
been served upon all the attorneys appearing in this action as of this date. This action is not on
the trial calendar.
Dated: New York, New York
April 12, 2022
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Curtis B. Gilfillan
______________________________
Curtis B. Gilfillan, Esq.
Law Offices of Terrence F. Kuhn
Attorneys for Defendant/Third-Party
Plaintiff
MILK STUDIOS, LLC
One Pennsylvania Plaza, Suite 5003
New York, New York 10119
Tel No.: (212) 553-8700
File No.: Y2KL05308-001/CBG/ps
TO: WEITZ & LUXENBERG
Gary Klein, Esq.
Attorneys for Plaintiff
SEAN YOUNG AND KIMBERLY YOUNG
700 Broadway,
New York, NY 10003
Gklein@weitzlux.com
CORREIA, KING, McGINNIS & LIFERIEDGE
Vincent Brescia, Esq.
Attorneys for Defendants
JAMESTOWN 450 WEST 15TH STREET, L.P.
and JAMESTOWN PROPERTIES CORP.
One Battery Park Plaza
29th Floor
New York, NY 10004
Vincent.Brescia@LibertyMutual.com
By Personal Service:
BRODERVILLE PICTURES
Third-Party Defendant
224 West 30th Street, Suite 1205
New York, NY 10001
WINDMILL STUDIOS NYC
Third-Party Defendant
300 Kingsland Avenue
Brooklyn, NY 11222
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SEAN YOUNG and KIMBERLY YOUNG,
THIRD-PARTY SUMMONS
Plaintiffs
Index No: 161241/2020
-against-
JAMESTOWN 450 WEST 15TH STREET L.P.,
JAMESTOWN PROPERTIES CORP.,
AGB 15TH STREET L.L.C, MILK STUDIOS,
LLC, and “ABC CORPORATION” a fictitious corporation
representing unidentified individudals, businesses
and/or corporations who owed, controlled, maintained
or was otherwise responsible for the subject premises,
Defendants.
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MILK STUDIOS, LLC,
Third-Party Plaintiff, TP Index No.:
-against-
BRODERVILLE PICTURES and WINDMILL
STUDIOS NYC,
Third-Party Defendants.
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TO THE ABOVE-NAMED THIRD-PARTY DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint of the Third-Party
Plaintiff and of the Plaintiff, a copy of which is herewith served upon you together with all prior
pleadings, and to serve copies of your answer on the undersigned attorney for the Third-Party
Plaintiff, and upon the attorney for Plaintiff, within twenty (20) days after service of the above,
exclusive of the date of service, or within thirty (30) days after service is complete if service is
made by any method other than personal delivery to you within the State of New York.
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In the case of your failure to answer the complaint of the Third-Party Plaintiff, judgment
will be taken against you on default for the relief sought in the Third-Party Plaintiff’s complaint.
Dated: April 12, 2022
New York, NY
Curtis B. Gilfillan
______________________________
Curtis B. Gilfillan, Esq.
Law Offices of Terrence F. Kuhn
Attorneys for Defendant/Third-Party
Plaintiff
MILK STUDIOS, LLC
One Pennsylvania Plaza, Suite 5003
New York, New York 10119
Tel No.: (212) 553-8700
File No.: Y2KL05308-001/CBG/ps
TO: WEITZ & LUXENBERG
Gary Klein, Esq.
Attorneys for Plaintiff
SEAN YOUNG AND KIMBERLY YOUNG
700 Broadway,
New York, NY 10003
Gklein@weitzlux.com
CORREIA, KING, McGINNIS & LIFERIEDGE
Vincent Brescia, Esq.
Attorneys for Defendants
JAMESTOWN 450 WEST 15TH STREET, L.P.
and JAMESTOWN PROPERTIES CORP.
One Battery Park Plaza
29th Floor
New York, NY 10004
Vincent.Brescia@LibertyMutual.com
By Personal Service:
BRODERVILLE PICTURES
Third-Party Defendant
224 West 30th Street, Suite 1205
New York, NY 10001
WINDMILL STUDIOS NYC
Third-Party Defendant
300 Kingsland Avenue
Brooklyn, NY 11222
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SEAN YOUNG and KIMBERLY YOUNG,
THIRD-PARTY
Plaintiffs COMPLAINT
-against- Index No: 161241/2020
JAMESTOWN 450 WEST 15TH STREET L.P.,
JAMESTOWN PROPERTIES CORP.,
AGB 15TH STREET L.L.C, MILK STUDIOS,
LLC, and “ABC CORPORATION” a fictitious corporation
representing unidentified individudals, businesses
and/or corporations who owed, controlled, maintained
or was otherwise responsible for the subject premises,
Defendants.
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MILK STUDIOS, LLC,
Third-Party Plaintiff, TP Index No.:
-against-
BRODERVILLE PICTURES and WINDMILL
STUDIOS NYC,
Third-Party Defendants.
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The Third-Party Plaintiff, MILK STUDIOS, LLC, by its attorneys, the LAW OFFICES
OF TERRENCE F. KUHN, as and for a Third-Party Complaint against the Third-Party
Defendants, BRODERVILLE PICTURES and WINDMILL STUDIOS NYC, respectfully
alleges upon information and belief:
FIRST: That upon information and belief, the Third-Party Defendant, BRODERVILLE
PICTURES, is a domestic corporation.
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SECOND: That upon information and belief, the Third-Party Defendant,
BRODERVILLE PICTURES, is a domestic corporation doing business in the state of New
York.
THIRD: That at all times mentioned herein, the Third-Party Defendant,
BRODERVILLE PICTURES, was and still is a foreign corporation doing business in the state of
New York.
FOURTH: That at all times mentioned herein, the Third-Party Defendant,
BRODERVILLE PICTURES, was and still is a foreign corporation transacting business in the
state of New York or is otherwise subject to the jurisdiction of the courts of the state of New
York pursuant to CPLR §302 and the case law thereunder.
FIFTH: That upon information and belief, the Third-Party Defendant, WINDMILL
STUDIOS NYC, is a domestic corporation.
SIXTH: That upon information and belief, the Third-Party Defendant, WINDMILL
STUDIOS NYC, is a domestic corporation doing business in the state of New York.
SEVENTH: That at all times mentioned herein, the Third-Party Defendant, WINDMILL
STUDIOS NYC, was and still is a foreign corporation doing business in the state of New York.
EIGHTH: That at all times mentioned herein, the Third-Party Defendant, WINDMILL
STUDIOS NYC, was and still is a foreign corporation transacting business in the state of New
York or is otherwise subject to the jurisdiction of the courts of the state of New York pursuant to
CPLR §302 and the case law thereunder.
NINTH: That the Plaintiff commenced an action against Defendant/Third-Party Plaintiff,
MILK STUDIOS, LLC, by the service of a Summons and Complaint, dated December 23, 2020.
That Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, served an Answer to the
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Summons and Complaint on or about February 10, 2021, in which it denied all material
allegations in the Plaintiff’s Complaint. A Verified Answer with Cross-Claims was served on
behalf of defendants, JAMESTOWN 450 WEST 15th STREET LP and JAMESTOWN
PROPERTIES CORP., on or about February 12, 2021. Copies of said pleadings are attached
hereto as Exhibit “A” and are incorporated by reference.
TENTH: That the Plaintiff alleges he sustained personal injuries as a result of a trip and
fall while in the course of his employment on August 6, 2018.
ELEVENTH: That the principal action seeks money damages for personal injuries as set
forth more particularly in the Plaintiff's complaint.
AS AND FOR A FIRST CAUSE OF ACTION
TWELFTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats and
reiterates each and every allegation set forth above, as if more fully set forth at length herein.
THIRTEENTH: Without admitting the truth thereof, Defendant/Third-Party Plaintiff,
MILK STUDIOS, LLC, respectfully refers to the plaintiff’s Complaint herein. If the injuries and
damages allegedly sustained by plaintiff were caused or contributed to by a cause other than
negligence of plaintiff, said injuries and damages were caused or contributed to by the negligence
and/or culpable conduct of Third-Party Defendant, BRODERVILLE PICTURES, in that it was
careless, reckless and negligent in the management, maintenance, operation, control, supervision
and/or cleaning of the floors at the premises at 450 W. 15th St., New York, NY 10011 and all
appurtenances therein, and in particular the second floor of the building near Studio D.
FOURTEENTH: That Third-Party Defendant, BRODERVILLE PICTURES, is liable
over to Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, herein in common law
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indemnification for all of the judgment or settlement that Plaintiff may recover from
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC.
FIFTHTEENTH: That in the event judgment or settlement is recovered herein by Plaintiff
against Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, it will be claimed by
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, that such liability on its part will have been
brought about by the conduct of Third-Party Defendant, BRODERVILLE PICTURES, and that
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, will be cast in damages solely by operation
of law, without any negligence and/or culpable conduct on the part of Defendant/Third-Party
Plaintiff, MILK STUDIOS, LLC.
SIXTEENTH: That Third-Party Defendant, BRODERVILLE PICTURES, is liable
over to Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, in common-law indemnification
for all of the judgment or settlement that Plaintiff may recover from Defendant/Third-Party
Plaintiff, MILK STUDIOS, LLC, based upon the relationship between Defendant/Third-Party
Plaintiff, MILK STUDIOS, and Third-Party Defendant, BRODERVILLE PICTURES.
SEVENTEENTH: That by reason of the foregoing, Third-Party Defendant,
BRODERVILLE PICTURES, is obligated to indemnify, defend and hold harmless
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, against any judgment which may be
recovered herein against said Defendant/Third-Party Plaintiff.
EIGHTEENTH: That Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, is
entitled to contribution and/or indemnification and to have judgment over and against Third-
Party Defendant, BRODERVILLE PICTURES, and for all or a proportionate part of any
recovery, verdict, judgment of settlement that Plaintiff may recover against Defendant/Third-
Party Plaintiff, MILK STUDIOS, LLC.
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AS AND FOR A SECOND CAUSE OF ACTION
NINETEENTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats
and reiterates each and every allegation set forth above, as if more fully set forth at length herein.
TWENTIETH: Without admitting the truth thereof, Third-Party Defendant, MILK
STUDIOS, LLC, respectfully refers to the Plaintiff’s Complaint herein. If the injuries and damages
allegedly sustained by Plaintiff were caused or contributed to by a cause other than negligence of
plaintiff, said injuries and damages were caused or contributed to by the negligence and/or
culpable conduct of Third-Party Defendant, WINDMILL STUDIOS NYC, in that it was careless,
reckless and negligent in the management, maintenance, operation, control, supervision and/or
cleaning of the floors at the premises at 450 W. 15th St., New York, NY 10011 and all
appurtenances therein, and in particular the second floor of the building near Studio D.
TWENTY-FIRST: That Third-Party Defendant, WINDMILL STUDIOS NYC, is liable
over to Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, herein in common law
indemnification for all of the judgment or settlement that plaintiff may recover from
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC.
TWENTY-SECOND: That in the event judgment or settlement is recovered herein by
Plaintiff against Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, it will be claimed by
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, that such liability on its part will have been
brought about by the conduct of Third-Party Defendant, WINDMILL STUDIOS NYC, and that
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, will be cast in damages solely by operation
of law, without any negligence and/or culpable conduct on the part of Defendant/Third-Party
Plaintiff, MILK STUDIOS, LLC.
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TWENTY-THIRD: That Third-Party Defendant, WINDMILL STUDIOS NYC, is
liable over to Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, in common-law
indemnification for all of the judgment or settlement that Plaintiff may recover from
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, based upon the relationship between
Defendant/Third-Party Plaintiff, MILK STUDIOS, and Third-Party Defendant, WINDMILL
STUDIOS NYC.
TWENTY-FOURTH: That by reason of the foregoing, Third-Party Defendant,
WINDMILL STUDIOS NYC, is obligated to indemnify, defend and hold harmless
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, against any judgment which may be
recovered herein against said Defendant/Third-Party Plaintiff.
TWENTY-FIFTH: That Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, is
entitled to contribution and/or indemnification and to have judgment over and against Third-
Party Defendant, WINDMILL STUDIOS NYC, and for all or a proportionate part of any
recovery, verdict, judgment of settlement that Plaintiff may recover against Defendant/Third-
Party Plaintiff, MILK STUDIOS, LLC.
AS AND FOR A THIRD CAUSE OF ACTION
TWENTY-SIXTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC,
repeats and reiterates each and every allegation set forth above, as if more fully set forth at length
herein.
TWENTY-SEVENTH: That on or before August 6, 2018, the Defendant/Third-Party
Plaintiff, MILK STUDIOS, LLC, entered into an agreement with the Third-Party Defendant,
BRODERVILLE PICTURES, whereby the Third-Party Defendant agreed to defend, indemnify
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and hold the Defendant/Third-Party Plaintiff harmless from any and all claims or suits for
damages arising out of said agreement.
TWENTY-EIGHTH: That said agreement was in full force and effect of the date of
Plaintiff’s alleged accident.
TWENTY-NINTH: That if the Plaintiff was injured in the manner claimed in the
Plaintiff’s complaint, the Third-Party Defendant, BRODERVILLE PICTURES, is bound under
the terms of the aforesaid agreement to defend, indemnify and hold the Defendant/Third-Party
Plaintiff, MILK STUDIOS, LLC, harmless herein.
THIRTIETH: That, to date, said Third-Party Defendant, BRODERVILLE PICTURES,
has refused and still refuses to honor its obligations under the aforesaid agreement, all to the
continuing harm and expense of the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC.
THIRTY-FIRST: That by reason of the foregoing, the Third-Party Defendant,
BRODERVILLE PICTURES, will be liable to the Defendant/Third-Party Plaintiff, MILK
STUDIOS, LLC, for the full amount of any recovery which might be had against the
Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of
the Third-Party Defendant, and said Third-Party Defendant is and shall be bound to pay all costs,
disbursements and/or attorney’s fees.
AS AND FOR A FOURTH CAUSE OF ACTION
THIRTY-SECOND: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC,
repeats and reiterates each and every allegation set forth above, as if more fully set forth at length
herein.
THIRTY-THIRD: That on or before August 6, 2018, the Defendant/Third-Party
Plaintiff, MILK STUDIOS, LLC, entered into an agreement with the Third-Party Defendant,
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WINDMILL STUDIOS NYC, whereby the Third-Party Defendant agreed to defend, indemnify
and hold the Defendant/Third-Party Plaintiff harmless from any and all claims or suits for
damages arising out of said agreement.
THIRTY-FOURTH: That said agreement was in full force and effect of the date of
Plaintiff’s alleged accident.
THIRTY-FIFTH: That if the Plaintiff was injured in the manner claimed in the
Plaintiff’s complaint, the Third-Party Defendant, WINDMILL STUDIOS NYC, is bound under
the terms of the aforesaid agreement to defend, indemnify and hold the Defendant/Third-Party
Plaintiff, MILK STUDIOS, LLC, harmless herein.
THIRTY-SIXTH: That, to date, said Third-Party Defendant, WINDMILL STUDIOS
NYC, has refused and still refuses to honor its obligations under the aforesaid agreement, all to
the continuing harm and expense of the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC.
THIRTY-SEVENTH: That by reason of the foregoing, the Third-Party Defendant,
WINDMILL STUDIOS NYC, will be liable to the Defendant/Third-Party Plaintiff, MILK
STUDIOS, LLC, for the full amount of any recovery which might be had against the
Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of
the Third-Party Defendant, and said Third-Party Defendant is and shall be bound to pay all costs,
disbursements and/or attorney’s fees.
AND FOR A FIFTH CAUSE OF ACTION
THIRTY-EIGHTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC,
repeats and reiterates each and every allegation set forth above, as if more fully set forth at length
herein.
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THIRTY-NINTH: That on or before August 6, 2018, the Defendant/Third-Party
Plaintiff, MILK STUDIOS, LLC, and the Third-Party Defendant, BRODERVILLE PICTURES,
entered into an agreement regarding the subject premises.
FORTIETH: That said agreement was in full force and effect on August 6, 2018.
FORTY-FIRST: That the Third-Party Defendant, BRODERVILLE PICTURES,
breached said agreement. That the Third-Party Defendant, BRODERVILLE PICTURES, failed
to comply with its aforesaid obligations under the written agreement by and between the
respective parties.
FORTY-SECOND: That as a result of said breach, the Defendant/Third-Party Plaintiff,
MILK STUDIOS, LLC, has been injured herein.
FORTY-THIRD: That by reason of the foregoing, Third-Party Defendant,
BRODERVILLE PICTURES, will be liable to the Defendant/Third-Party Plaintiff, MILK
STUDIOS, LLC, for the full amount of recovery which might be had against the
Defendant/Third-Party Plaintiff, or for that portion thereof caused by the relative responsibility
of the Third-Party Defendant, BRODERVILLE PICTURES, and said Third-Party Defendant is
and shall be bound to pay all costs, disbursements and/or attorney’s fees.
AS AND FOR A SIXTH CAUSE OF ACTION
FORTY-FOURTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC,
repeats and reiterates each and every allegation set forth above, as if more fully set forth at length
herein.
FORTY-FIFTH: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff,
MILK STUDIOS, LLC, and the Third-Party Defendant, WINDMILL STUDIOS NYC, entered
into an agreement regarding the subject premises.
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FORTY-SIXTH: That said agreement was in full force and effect on August 6, 2018.
FORTY-SEVENTH: That the Third-Party Defendant, WINDMILL STUDIOS NYC,
breached said agreement. That the Third-Party Defendant, WINDMILL STUDIOS NYC, failed
to comply with its aforesaid obligations under the written agreement by and between the
respective parties.
FORTY-EIGHTH: That as a result of said breach, the Defendant/Third-Party Plaintiff,
MILK STUDIOS, LLC, has been injured herein.
FORTY-NINTH: That by reason of the foregoing, Third-Party Defendant,
BRODERVILLE PICTURES, will be liable to the Defendant/Third-Party Plaintiff, MILK
STUDIOS, LLC, for the full amount of recovery which might be had against the
Defendant/Third-Party Plaintiff, or for that portion thereof caused by the relative responsibility
of the Third-Party Defendant, WINDMILL STUDIOS NYC, and said Third-Party Defendant is
and shall be bound to pay all costs, disbursements and/or attorney’s fees.
AS AND FOR A SEVENTH CAUSE OF ACTION
FIFTIETH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats and
reiterates each and every allegation set forth above, as if more fully set forth at length herein.
FIFTY-FIRST: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff,
MILK STUDIOS, LLC, entered into an agreement with the Third-Party Defendant,
BRODERVILLE PICTURES, whereby the Third-Party Defendant agreed to procure insurance
coverage naming the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, as additional
insureds.
FIFTY-SECOND: That said agreement was in full force and effect of the date of
Plaintiff’s alleged accident.
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FIFTY-THIRD: That, to date, said Third-Party Defendant, BRODERVILLE
PICTURES, has refused and still refuses to honor its obligations under the aforesaid agreement,
all to the continuing harm and expense of the Defendant/Third-Party Plaintiff, MILK STUDIOS,
LLC.
FIFTY-FOURTH: That by reason of the foregoing, the Third-Party Defendant,
BRODERVILLE PICTURES, will be liable to the Defendant/Third-Party Plaintiff, MILK
STUDIOS, LLC, for the full amount of any recovery which might be had against the
Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of
the Third-Party Defendant, and said Third-Party Defendant, BRODERVILLE PICTURES, is and
shall be bound to pay all costs, disbursements and/or attorney’s fees.
AS AND FOR AN EIGHTH CAUSE OF ACTION
FIFTY-FIFTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats
and reiterates each and every allegation set forth above, as if more fully set forth at length herein.
FIFTY-SIXTH: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff,
MILK STUDIOS, LLC, entered into an agreement with the Third-Party Defendant, WINDMILL
STUDIOS NYC, whereby the Third-Party Defendant agreed to procure insurance coverage
naming the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, as additional insureds.
FIFTY-SEVENTH: That said agreement was in full force and effect of the date of
Plaintiff’s alleged accident.
FIFTY-EIGHTH: That, to date, said Third-Party Defendant, WINDMILL STUDIOS
NYC, has refused and still refuses to honor its obligations under the aforesaid agreement, all to
the continuing harm and expense of the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC.
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FIFTY-NINTH: That by reason of the foregoing, the Third-Party Defendant,
WINDMILL STUDIOS NYC, will be liable to the Defendant/Third-Party Plaintiff, MILK
STUDIOS, LLC, for the full amount of any recovery which might be had against the
Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of
the Third-Party Defendant, and said Third-Party Defendant, WINDMILL STUDIOS NYC, is
and shall be bound to pay all costs, disbursements and/or attorney’s fees.
AS AND FOR A NINTH CAUSE OF ACTION
SIXTIETH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, repeats and
reiterates each and every allegation set forth above, as if more fully set forth at length herein.
SIXTY-FIRST: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff,
MILK STUDIOS, entered into an agreement with the Third-Party Defendant, BRODERVILLE
PICTURES, whereby the Third-Party Defendant agreed to obtain insurance for the
Defendant/Third-Party Plaintiff covering damages from any and all claims or suits for damages
arising out of said agreement.
SIXTY-SECOND: That said agreement was in full force and effect of the date of
Plaintiff’s alleged accident.
SIXTY-THIRD: That, to date, said Third-Party Defendant, BRODERVILLE
PICTURES, failed to obtain said insurance, all to the continuing harm and expense of the
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC.
SIXTY-FOURTH: That by reason of the foregoing, the Third-Party Defendant,
BRODERVILLE PICTURES, will be liable to the Defendant/Third-Party Plaintiff, MILK
STUDIOS, LLC, for the full amount of any recovery which might be had against the
Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of
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Third-Party Defendant, and said Third-Party Defendant, BRODERVILLE PICTURES, is and
shall be bound to pay all costs, disbursements and/or attorney’s fees.
AS AND FOR A TENTH CAUSE OF ACTION
SIXTY-FIFTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, repeats and
reiterates each and every allegation set forth above, as if more fully set forth at length herein.
SIXTY-SIXTH: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff,
MILK STUDIOS, entered into an agreement with the Third-Party Defendant, WINDMILL
STUDIOS NYC, whereby the Third-Party Defendant agreed to obtain insurance for the
Defendant/Third-Party Plaintiff covering damages from any and all claims or suits for damages
arising out of said agreement.
SIXTY-SEVENTH: That said agreement was in full force and effect of the date of
Plaintiff’s alleged accident.
SIXTY-EIGHTH: That, to date, said Third-Party Defendant, WINDMILL STUDIOS
NYC, failed to obtain said insurance, all to the continuing harm and expense of the
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC.
SIXTY-NINTH: That by reason of the foregoing, the Third-Party Defendant,
WINDMILLE STUDIOS NYC, will be liable to the Defendant/Third-Party Plaintiff, MILK
STUDIOS, LLC, for the full amount of any recovery which might be had against the
Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of
Third-Party Defendant, and said Third-Party Defendant, WINDMILL STUDIOS NYC, is and
shall be bound to pay all costs, disbursements and/or attorney’s fees.
WHEREFORE, the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, demands
judgment on the complaint herein with costs and disbursements; and further demand that the
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ultimate rights of the Defendant/Third-Party Plaintiff and Third-Party Defendants as between
themselves be determined in this action and that the Defendant/Third-Party Plaintiff has
judgment over and against the Third-Party Defendants for all or that portion of any verdict or
judgment which may be obtained herein by the Plaintiff against the Defendant/Third-Party
Plaintiff to the extent that the responsibility of the Third-Party Defendants contributed thereto,
together with the costs and disbursements of this action plus all attorney's fees and all other costs
herein.
PLEASE TAKE NOTICE, that pursuant to CPLR §3402(b) the title of this action has
been changed from the title of the Plaintiff's complaint to the title of this third-party summons
and third-party complaint.
Dated: April 12, 2022
New York, NY
Curtis B. Gilfillan
______________________________
Curtis B. Gilfillan, Esq.
Law Offices of Terrence F. Kuhn
Attorneys for Defendant/Third-Party
Plaintiff
MILK STUDIOS, LLC
One Pennsylvania Plaza, Suite 5003
New York, New York 10119
Tel No.: (212) 553-8700
File No.: Y2KL05308-001/CBG/ps
TO: WEITZ & LUXENBERG
Gary Klein, Esq.
Attorneys for Plaintiff
SEAN YOUNG AND KIMBERLY YOUNG
700 Broadway,
New York, NY 10003
Gklein@weitzlux.com
CORREIA, KING, McGINNIS & LIFERIEDGE
Vincent Brescia, Esq.
Attorneys for Defendants
JAMESTOWN 450 WEST 15TH STREET, L.P.
and JAMESTOWN PROPERTIES CORP.
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04/13/2022
One Battery Park Plaza
29th Floor
New York, NY 10004
Vincent.Brescia@LibertyMutual.com
By Personal Service:
BRODERVILLE PICTURES
Third-Party Defendant
224 West 30th Street, Suite 1205
New York, NY 10001
WINDMILL STUDIOS NYC
Third-Party Defendant
300 Kingsland Avenue
Brooklyn, NY 11222
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EXHIBIT “A”
FILED: NEW YORK COUNTY CLERK 05/30/2023
12/24/2020 09:23
04/13/2022 08:36 AM
11:11 INDEX NO. 161241/2020
NYSCEF DOC. NO. 94
1
22 RECEIVED NYSCEF: 05/30/2023
12/24/2020
04/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------x Date Filed:
SEAN YOUNG and KIMBERLY YOUNG, Index #:
Plaintiffs, Plaintiff designates
-against- NEW YORK COUNTY
15™
JAMESTOWN 450 WEST STREET L.P., Basis of venue
JAMESTOWN PROPERTIES CORP.,
155
AGB STREET L.L.C, MILK STUDIOS, DEFENDANT'S RESIDENCE
and "ABC
CORPORATION" a
LLC,
fictitious corporation representing SUhDS3NS
unidentified individuals, businesses
Plaintiff resides at:
and/or corporations who owned, 236-14 Bentley Road
controlled, maintained or was
Rosedale, NY 11422
otherwise responsible for the subjec
Preview
FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/30/2023 EXHIBIT “B” FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------- SEAN YOUNG and KIMBERLY YOUNG, NOTICE PURSUANT TO Plaintiffs CPLR § 3402(b) -against- Index No: 161241/2020 JAMESTOWN 450 WEST 15TH STREET L.P., JAMESTOWN PROPERTIES CORP., AGB 15TH STREET L.L.C, MILK STUDIOS, LLC, and “ABC CORPORATION” a fictitious corporation representing unidentified individudals, businesses and/or corporations who owed, controlled, maintained or was otherwise responsible for the subject premises, Defendants. ------------------------------------------------------------------------- MILK STUDIOS, LLC, Third-Party Plaintiff, TP Index No.: -against- BRODERVILLE PICTURES and WINDMILL STUDIOS NYC, Third-Party Defendants. --------------------------------------------------------------------------- C O U N S E L O R S: PLEASE TAKE NOTICE, that in the above-entitled actions pursuant to CPLR §3402(b), the Defendant, MILK STUDIOS, LLC, has impleaded BRODERVILLE PICTURES and WINDMILL STUDIOS NYC as Third-Party Defendants; that a copy of this statement has been served upon all the attorneys appearing in this action as of this date. This action is not on the trial calendar. Dated: New York, New York April 12, 2022 1 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 Curtis B. Gilfillan ______________________________ Curtis B. Gilfillan, Esq. Law Offices of Terrence F. Kuhn Attorneys for Defendant/Third-Party Plaintiff MILK STUDIOS, LLC One Pennsylvania Plaza, Suite 5003 New York, New York 10119 Tel No.: (212) 553-8700 File No.: Y2KL05308-001/CBG/ps TO: WEITZ & LUXENBERG Gary Klein, Esq. Attorneys for Plaintiff SEAN YOUNG AND KIMBERLY YOUNG 700 Broadway, New York, NY 10003 Gklein@weitzlux.com CORREIA, KING, McGINNIS & LIFERIEDGE Vincent Brescia, Esq. Attorneys for Defendants JAMESTOWN 450 WEST 15TH STREET, L.P. and JAMESTOWN PROPERTIES CORP. One Battery Park Plaza 29th Floor New York, NY 10004 Vincent.Brescia@LibertyMutual.com By Personal Service: BRODERVILLE PICTURES Third-Party Defendant 224 West 30th Street, Suite 1205 New York, NY 10001 WINDMILL STUDIOS NYC Third-Party Defendant 300 Kingsland Avenue Brooklyn, NY 11222 2 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------- SEAN YOUNG and KIMBERLY YOUNG, THIRD-PARTY SUMMONS Plaintiffs Index No: 161241/2020 -against- JAMESTOWN 450 WEST 15TH STREET L.P., JAMESTOWN PROPERTIES CORP., AGB 15TH STREET L.L.C, MILK STUDIOS, LLC, and “ABC CORPORATION” a fictitious corporation representing unidentified individudals, businesses and/or corporations who owed, controlled, maintained or was otherwise responsible for the subject premises, Defendants. -------------------------------------------------------------------------- MILK STUDIOS, LLC, Third-Party Plaintiff, TP Index No.: -against- BRODERVILLE PICTURES and WINDMILL STUDIOS NYC, Third-Party Defendants. --------------------------------------------------------------------------- TO THE ABOVE-NAMED THIRD-PARTY DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint of the Third-Party Plaintiff and of the Plaintiff, a copy of which is herewith served upon you together with all prior pleadings, and to serve copies of your answer on the undersigned attorney for the Third-Party Plaintiff, and upon the attorney for Plaintiff, within twenty (20) days after service of the above, exclusive of the date of service, or within thirty (30) days after service is complete if service is made by any method other than personal delivery to you within the State of New York. 3 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 In the case of your failure to answer the complaint of the Third-Party Plaintiff, judgment will be taken against you on default for the relief sought in the Third-Party Plaintiff’s complaint. Dated: April 12, 2022 New York, NY Curtis B. Gilfillan ______________________________ Curtis B. Gilfillan, Esq. Law Offices of Terrence F. Kuhn Attorneys for Defendant/Third-Party Plaintiff MILK STUDIOS, LLC One Pennsylvania Plaza, Suite 5003 New York, New York 10119 Tel No.: (212) 553-8700 File No.: Y2KL05308-001/CBG/ps TO: WEITZ & LUXENBERG Gary Klein, Esq. Attorneys for Plaintiff SEAN YOUNG AND KIMBERLY YOUNG 700 Broadway, New York, NY 10003 Gklein@weitzlux.com CORREIA, KING, McGINNIS & LIFERIEDGE Vincent Brescia, Esq. Attorneys for Defendants JAMESTOWN 450 WEST 15TH STREET, L.P. and JAMESTOWN PROPERTIES CORP. One Battery Park Plaza 29th Floor New York, NY 10004 Vincent.Brescia@LibertyMutual.com By Personal Service: BRODERVILLE PICTURES Third-Party Defendant 224 West 30th Street, Suite 1205 New York, NY 10001 WINDMILL STUDIOS NYC Third-Party Defendant 300 Kingsland Avenue Brooklyn, NY 11222 4 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------- SEAN YOUNG and KIMBERLY YOUNG, THIRD-PARTY Plaintiffs COMPLAINT -against- Index No: 161241/2020 JAMESTOWN 450 WEST 15TH STREET L.P., JAMESTOWN PROPERTIES CORP., AGB 15TH STREET L.L.C, MILK STUDIOS, LLC, and “ABC CORPORATION” a fictitious corporation representing unidentified individudals, businesses and/or corporations who owed, controlled, maintained or was otherwise responsible for the subject premises, Defendants. ---------------------------------------------------------------------------- MILK STUDIOS, LLC, Third-Party Plaintiff, TP Index No.: -against- BRODERVILLE PICTURES and WINDMILL STUDIOS NYC, Third-Party Defendants. ------------------------------------------------------------------------------ The Third-Party Plaintiff, MILK STUDIOS, LLC, by its attorneys, the LAW OFFICES OF TERRENCE F. KUHN, as and for a Third-Party Complaint against the Third-Party Defendants, BRODERVILLE PICTURES and WINDMILL STUDIOS NYC, respectfully alleges upon information and belief: FIRST: That upon information and belief, the Third-Party Defendant, BRODERVILLE PICTURES, is a domestic corporation. 5 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 SECOND: That upon information and belief, the Third-Party Defendant, BRODERVILLE PICTURES, is a domestic corporation doing business in the state of New York. THIRD: That at all times mentioned herein, the Third-Party Defendant, BRODERVILLE PICTURES, was and still is a foreign corporation doing business in the state of New York. FOURTH: That at all times mentioned herein, the Third-Party Defendant, BRODERVILLE PICTURES, was and still is a foreign corporation transacting business in the state of New York or is otherwise subject to the jurisdiction of the courts of the state of New York pursuant to CPLR §302 and the case law thereunder. FIFTH: That upon information and belief, the Third-Party Defendant, WINDMILL STUDIOS NYC, is a domestic corporation. SIXTH: That upon information and belief, the Third-Party Defendant, WINDMILL STUDIOS NYC, is a domestic corporation doing business in the state of New York. SEVENTH: That at all times mentioned herein, the Third-Party Defendant, WINDMILL STUDIOS NYC, was and still is a foreign corporation doing business in the state of New York. EIGHTH: That at all times mentioned herein, the Third-Party Defendant, WINDMILL STUDIOS NYC, was and still is a foreign corporation transacting business in the state of New York or is otherwise subject to the jurisdiction of the courts of the state of New York pursuant to CPLR §302 and the case law thereunder. NINTH: That the Plaintiff commenced an action against Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, by the service of a Summons and Complaint, dated December 23, 2020. That Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, served an Answer to the 6 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 Summons and Complaint on or about February 10, 2021, in which it denied all material allegations in the Plaintiff’s Complaint. A Verified Answer with Cross-Claims was served on behalf of defendants, JAMESTOWN 450 WEST 15th STREET LP and JAMESTOWN PROPERTIES CORP., on or about February 12, 2021. Copies of said pleadings are attached hereto as Exhibit “A” and are incorporated by reference. TENTH: That the Plaintiff alleges he sustained personal injuries as a result of a trip and fall while in the course of his employment on August 6, 2018. ELEVENTH: That the principal action seeks money damages for personal injuries as set forth more particularly in the Plaintiff's complaint. AS AND FOR A FIRST CAUSE OF ACTION TWELFTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats and reiterates each and every allegation set forth above, as if more fully set forth at length herein. THIRTEENTH: Without admitting the truth thereof, Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, respectfully refers to the plaintiff’s Complaint herein. If the injuries and damages allegedly sustained by plaintiff were caused or contributed to by a cause other than negligence of plaintiff, said injuries and damages were caused or contributed to by the negligence and/or culpable conduct of Third-Party Defendant, BRODERVILLE PICTURES, in that it was careless, reckless and negligent in the management, maintenance, operation, control, supervision and/or cleaning of the floors at the premises at 450 W. 15th St., New York, NY 10011 and all appurtenances therein, and in particular the second floor of the building near Studio D. FOURTEENTH: That Third-Party Defendant, BRODERVILLE PICTURES, is liable over to Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, herein in common law 7 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 indemnification for all of the judgment or settlement that Plaintiff may recover from Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC. FIFTHTEENTH: That in the event judgment or settlement is recovered herein by Plaintiff against Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, it will be claimed by Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, that such liability on its part will have been brought about by the conduct of Third-Party Defendant, BRODERVILLE PICTURES, and that Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, will be cast in damages solely by operation of law, without any negligence and/or culpable conduct on the part of Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC. SIXTEENTH: That Third-Party Defendant, BRODERVILLE PICTURES, is liable over to Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, in common-law indemnification for all of the judgment or settlement that Plaintiff may recover from Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, based upon the relationship between Defendant/Third-Party Plaintiff, MILK STUDIOS, and Third-Party Defendant, BRODERVILLE PICTURES. SEVENTEENTH: That by reason of the foregoing, Third-Party Defendant, BRODERVILLE PICTURES, is obligated to indemnify, defend and hold harmless Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, against any judgment which may be recovered herein against said Defendant/Third-Party Plaintiff. EIGHTEENTH: That Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, is entitled to contribution and/or indemnification and to have judgment over and against Third- Party Defendant, BRODERVILLE PICTURES, and for all or a proportionate part of any recovery, verdict, judgment of settlement that Plaintiff may recover against Defendant/Third- Party Plaintiff, MILK STUDIOS, LLC. 8 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 AS AND FOR A SECOND CAUSE OF ACTION NINETEENTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats and reiterates each and every allegation set forth above, as if more fully set forth at length herein. TWENTIETH: Without admitting the truth thereof, Third-Party Defendant, MILK STUDIOS, LLC, respectfully refers to the Plaintiff’s Complaint herein. If the injuries and damages allegedly sustained by Plaintiff were caused or contributed to by a cause other than negligence of plaintiff, said injuries and damages were caused or contributed to by the negligence and/or culpable conduct of Third-Party Defendant, WINDMILL STUDIOS NYC, in that it was careless, reckless and negligent in the management, maintenance, operation, control, supervision and/or cleaning of the floors at the premises at 450 W. 15th St., New York, NY 10011 and all appurtenances therein, and in particular the second floor of the building near Studio D. TWENTY-FIRST: That Third-Party Defendant, WINDMILL STUDIOS NYC, is liable over to Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, herein in common law indemnification for all of the judgment or settlement that plaintiff may recover from Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC. TWENTY-SECOND: That in the event judgment or settlement is recovered herein by Plaintiff against Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, it will be claimed by Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, that such liability on its part will have been brought about by the conduct of Third-Party Defendant, WINDMILL STUDIOS NYC, and that Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, will be cast in damages solely by operation of law, without any negligence and/or culpable conduct on the part of Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC. 9 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 TWENTY-THIRD: That Third-Party Defendant, WINDMILL STUDIOS NYC, is liable over to Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, in common-law indemnification for all of the judgment or settlement that Plaintiff may recover from Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, based upon the relationship between Defendant/Third-Party Plaintiff, MILK STUDIOS, and Third-Party Defendant, WINDMILL STUDIOS NYC. TWENTY-FOURTH: That by reason of the foregoing, Third-Party Defendant, WINDMILL STUDIOS NYC, is obligated to indemnify, defend and hold harmless Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, against any judgment which may be recovered herein against said Defendant/Third-Party Plaintiff. TWENTY-FIFTH: That Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, is entitled to contribution and/or indemnification and to have judgment over and against Third- Party Defendant, WINDMILL STUDIOS NYC, and for all or a proportionate part of any recovery, verdict, judgment of settlement that Plaintiff may recover against Defendant/Third- Party Plaintiff, MILK STUDIOS, LLC. AS AND FOR A THIRD CAUSE OF ACTION TWENTY-SIXTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats and reiterates each and every allegation set forth above, as if more fully set forth at length herein. TWENTY-SEVENTH: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, entered into an agreement with the Third-Party Defendant, BRODERVILLE PICTURES, whereby the Third-Party Defendant agreed to defend, indemnify 10 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 and hold the Defendant/Third-Party Plaintiff harmless from any and all claims or suits for damages arising out of said agreement. TWENTY-EIGHTH: That said agreement was in full force and effect of the date of Plaintiff’s alleged accident. TWENTY-NINTH: That if the Plaintiff was injured in the manner claimed in the Plaintiff’s complaint, the Third-Party Defendant, BRODERVILLE PICTURES, is bound under the terms of the aforesaid agreement to defend, indemnify and hold the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, harmless herein. THIRTIETH: That, to date, said Third-Party Defendant, BRODERVILLE PICTURES, has refused and still refuses to honor its obligations under the aforesaid agreement, all to the continuing harm and expense of the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC. THIRTY-FIRST: That by reason of the foregoing, the Third-Party Defendant, BRODERVILLE PICTURES, will be liable to the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, for the full amount of any recovery which might be had against the Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of the Third-Party Defendant, and said Third-Party Defendant is and shall be bound to pay all costs, disbursements and/or attorney’s fees. AS AND FOR A FOURTH CAUSE OF ACTION THIRTY-SECOND: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats and reiterates each and every allegation set forth above, as if more fully set forth at length herein. THIRTY-THIRD: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, entered into an agreement with the Third-Party Defendant, 11 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 WINDMILL STUDIOS NYC, whereby the Third-Party Defendant agreed to defend, indemnify and hold the Defendant/Third-Party Plaintiff harmless from any and all claims or suits for damages arising out of said agreement. THIRTY-FOURTH: That said agreement was in full force and effect of the date of Plaintiff’s alleged accident. THIRTY-FIFTH: That if the Plaintiff was injured in the manner claimed in the Plaintiff’s complaint, the Third-Party Defendant, WINDMILL STUDIOS NYC, is bound under the terms of the aforesaid agreement to defend, indemnify and hold the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, harmless herein. THIRTY-SIXTH: That, to date, said Third-Party Defendant, WINDMILL STUDIOS NYC, has refused and still refuses to honor its obligations under the aforesaid agreement, all to the continuing harm and expense of the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC. THIRTY-SEVENTH: That by reason of the foregoing, the Third-Party Defendant, WINDMILL STUDIOS NYC, will be liable to the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, for the full amount of any recovery which might be had against the Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of the Third-Party Defendant, and said Third-Party Defendant is and shall be bound to pay all costs, disbursements and/or attorney’s fees. AND FOR A FIFTH CAUSE OF ACTION THIRTY-EIGHTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats and reiterates each and every allegation set forth above, as if more fully set forth at length herein. 12 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 THIRTY-NINTH: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, and the Third-Party Defendant, BRODERVILLE PICTURES, entered into an agreement regarding the subject premises. FORTIETH: That said agreement was in full force and effect on August 6, 2018. FORTY-FIRST: That the Third-Party Defendant, BRODERVILLE PICTURES, breached said agreement. That the Third-Party Defendant, BRODERVILLE PICTURES, failed to comply with its aforesaid obligations under the written agreement by and between the respective parties. FORTY-SECOND: That as a result of said breach, the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, has been injured herein. FORTY-THIRD: That by reason of the foregoing, Third-Party Defendant, BRODERVILLE PICTURES, will be liable to the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, for the full amount of recovery which might be had against the Defendant/Third-Party Plaintiff, or for that portion thereof caused by the relative responsibility of the Third-Party Defendant, BRODERVILLE PICTURES, and said Third-Party Defendant is and shall be bound to pay all costs, disbursements and/or attorney’s fees. AS AND FOR A SIXTH CAUSE OF ACTION FORTY-FOURTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats and reiterates each and every allegation set forth above, as if more fully set forth at length herein. FORTY-FIFTH: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, and the Third-Party Defendant, WINDMILL STUDIOS NYC, entered into an agreement regarding the subject premises. 13 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 FORTY-SIXTH: That said agreement was in full force and effect on August 6, 2018. FORTY-SEVENTH: That the Third-Party Defendant, WINDMILL STUDIOS NYC, breached said agreement. That the Third-Party Defendant, WINDMILL STUDIOS NYC, failed to comply with its aforesaid obligations under the written agreement by and between the respective parties. FORTY-EIGHTH: That as a result of said breach, the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, has been injured herein. FORTY-NINTH: That by reason of the foregoing, Third-Party Defendant, BRODERVILLE PICTURES, will be liable to the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, for the full amount of recovery which might be had against the Defendant/Third-Party Plaintiff, or for that portion thereof caused by the relative responsibility of the Third-Party Defendant, WINDMILL STUDIOS NYC, and said Third-Party Defendant is and shall be bound to pay all costs, disbursements and/or attorney’s fees. AS AND FOR A SEVENTH CAUSE OF ACTION FIFTIETH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats and reiterates each and every allegation set forth above, as if more fully set forth at length herein. FIFTY-FIRST: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, entered into an agreement with the Third-Party Defendant, BRODERVILLE PICTURES, whereby the Third-Party Defendant agreed to procure insurance coverage naming the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, as additional insureds. FIFTY-SECOND: That said agreement was in full force and effect of the date of Plaintiff’s alleged accident. 14 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 FIFTY-THIRD: That, to date, said Third-Party Defendant, BRODERVILLE PICTURES, has refused and still refuses to honor its obligations under the aforesaid agreement, all to the continuing harm and expense of the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC. FIFTY-FOURTH: That by reason of the foregoing, the Third-Party Defendant, BRODERVILLE PICTURES, will be liable to the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, for the full amount of any recovery which might be had against the Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of the Third-Party Defendant, and said Third-Party Defendant, BRODERVILLE PICTURES, is and shall be bound to pay all costs, disbursements and/or attorney’s fees. AS AND FOR AN EIGHTH CAUSE OF ACTION FIFTY-FIFTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, repeats and reiterates each and every allegation set forth above, as if more fully set forth at length herein. FIFTY-SIXTH: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, entered into an agreement with the Third-Party Defendant, WINDMILL STUDIOS NYC, whereby the Third-Party Defendant agreed to procure insurance coverage naming the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, as additional insureds. FIFTY-SEVENTH: That said agreement was in full force and effect of the date of Plaintiff’s alleged accident. FIFTY-EIGHTH: That, to date, said Third-Party Defendant, WINDMILL STUDIOS NYC, has refused and still refuses to honor its obligations under the aforesaid agreement, all to the continuing harm and expense of the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC. 15 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 FIFTY-NINTH: That by reason of the foregoing, the Third-Party Defendant, WINDMILL STUDIOS NYC, will be liable to the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, for the full amount of any recovery which might be had against the Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of the Third-Party Defendant, and said Third-Party Defendant, WINDMILL STUDIOS NYC, is and shall be bound to pay all costs, disbursements and/or attorney’s fees. AS AND FOR A NINTH CAUSE OF ACTION SIXTIETH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, repeats and reiterates each and every allegation set forth above, as if more fully set forth at length herein. SIXTY-FIRST: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff, MILK STUDIOS, entered into an agreement with the Third-Party Defendant, BRODERVILLE PICTURES, whereby the Third-Party Defendant agreed to obtain insurance for the Defendant/Third-Party Plaintiff covering damages from any and all claims or suits for damages arising out of said agreement. SIXTY-SECOND: That said agreement was in full force and effect of the date of Plaintiff’s alleged accident. SIXTY-THIRD: That, to date, said Third-Party Defendant, BRODERVILLE PICTURES, failed to obtain said insurance, all to the continuing harm and expense of the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC. SIXTY-FOURTH: That by reason of the foregoing, the Third-Party Defendant, BRODERVILLE PICTURES, will be liable to the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, for the full amount of any recovery which might be had against the Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of 16 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 Third-Party Defendant, and said Third-Party Defendant, BRODERVILLE PICTURES, is and shall be bound to pay all costs, disbursements and/or attorney’s fees. AS AND FOR A TENTH CAUSE OF ACTION SIXTY-FIFTH: The Defendant/Third-Party Plaintiff, MILK STUDIOS, repeats and reiterates each and every allegation set forth above, as if more fully set forth at length herein. SIXTY-SIXTH: That on or before August 6, 2018, the Defendant/Third-Party Plaintiff, MILK STUDIOS, entered into an agreement with the Third-Party Defendant, WINDMILL STUDIOS NYC, whereby the Third-Party Defendant agreed to obtain insurance for the Defendant/Third-Party Plaintiff covering damages from any and all claims or suits for damages arising out of said agreement. SIXTY-SEVENTH: That said agreement was in full force and effect of the date of Plaintiff’s alleged accident. SIXTY-EIGHTH: That, to date, said Third-Party Defendant, WINDMILL STUDIOS NYC, failed to obtain said insurance, all to the continuing harm and expense of the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC. SIXTY-NINTH: That by reason of the foregoing, the Third-Party Defendant, WINDMILLE STUDIOS NYC, will be liable to the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, for the full amount of any recovery which might be had against the Defendant/Third-Party Plaintiff or for that portion thereof caused by the relative responsibility of Third-Party Defendant, and said Third-Party Defendant, WINDMILL STUDIOS NYC, is and shall be bound to pay all costs, disbursements and/or attorney’s fees. WHEREFORE, the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, demands judgment on the complaint herein with costs and disbursements; and further demand that the 17 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 ultimate rights of the Defendant/Third-Party Plaintiff and Third-Party Defendants as between themselves be determined in this action and that the Defendant/Third-Party Plaintiff has judgment over and against the Third-Party Defendants for all or that portion of any verdict or judgment which may be obtained herein by the Plaintiff against the Defendant/Third-Party Plaintiff to the extent that the responsibility of the Third-Party Defendants contributed thereto, together with the costs and disbursements of this action plus all attorney's fees and all other costs herein. PLEASE TAKE NOTICE, that pursuant to CPLR §3402(b) the title of this action has been changed from the title of the Plaintiff's complaint to the title of this third-party summons and third-party complaint. Dated: April 12, 2022 New York, NY Curtis B. Gilfillan ______________________________ Curtis B. Gilfillan, Esq. Law Offices of Terrence F. Kuhn Attorneys for Defendant/Third-Party Plaintiff MILK STUDIOS, LLC One Pennsylvania Plaza, Suite 5003 New York, New York 10119 Tel No.: (212) 553-8700 File No.: Y2KL05308-001/CBG/ps TO: WEITZ & LUXENBERG Gary Klein, Esq. Attorneys for Plaintiff SEAN YOUNG AND KIMBERLY YOUNG 700 Broadway, New York, NY 10003 Gklein@weitzlux.com CORREIA, KING, McGINNIS & LIFERIEDGE Vincent Brescia, Esq. Attorneys for Defendants JAMESTOWN 450 WEST 15TH STREET, L.P. and JAMESTOWN PROPERTIES CORP. 18 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 09:23 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 21 RECEIVED NYSCEF: 05/30/2023 04/13/2022 One Battery Park Plaza 29th Floor New York, NY 10004 Vincent.Brescia@LibertyMutual.com By Personal Service: BRODERVILLE PICTURES Third-Party Defendant 224 West 30th Street, Suite 1205 New York, NY 10001 WINDMILL STUDIOS NYC Third-Party Defendant 300 Kingsland Avenue Brooklyn, NY 11222 19 of 19 FILED: NEW YORK COUNTY CLERK 05/30/2023 04/13/2022 09:23 11:11 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 22 RECEIVED NYSCEF: 05/30/2023 04/13/2022 EXHIBIT “A” FILED: NEW YORK COUNTY CLERK 05/30/2023 12/24/2020 09:23 04/13/2022 08:36 AM 11:11 INDEX NO. 161241/2020 NYSCEF DOC. NO. 94 1 22 RECEIVED NYSCEF: 05/30/2023 12/24/2020 04/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------x Date Filed: SEAN YOUNG and KIMBERLY YOUNG, Index #: Plaintiffs, Plaintiff designates -against- NEW YORK COUNTY 15™ JAMESTOWN 450 WEST STREET L.P., Basis of venue JAMESTOWN PROPERTIES CORP., 155 AGB STREET L.L.C, MILK STUDIOS, DEFENDANT'S RESIDENCE and "ABC CORPORATION" a LLC, fictitious corporation representing SUhDS3NS unidentified individuals, businesses Plaintiff resides at: and/or corporations who owned, 236-14 Bentley Road controlled, maintained or was Rosedale, NY 11422 otherwise responsible for the subjec