Preview
FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
LOUIS A. MALDONADO, Index No.: 157308/2020
(ECF)
Plaintiff,
v.
THIRD-PARTY
EXCEL ELEVATOR & ESCALATOR, CORP., SUMMONS
MAYORE ESTATES LLC AND 80 LAFAYETTE
ASSOCIATES LLC
Defendants.
x
MAYORE ESTATES LLC AND 80 LAFAYETTE Index No.:
ASSOCIATES LLC
Third-Party Plaintiffs,
v.
CENTURY 21, INC.
Third-Party Defendant.
x
YOU ARE HEREBY SUMMONED to answer the Third-Party Complaint of
Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE
ASSOCIATES, LLC., a copy of which is hereby served upon you and is incorporated by
reference as if more fully set forth herein, and to serve copies of your answer upon the
undersigned Attorneys for Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND
80 LAFAYETTE ASSOCIATES, LLC. and upon Attorneys at the service addresses listed herein
below within twenty (20) days after service of this Third-Party Summons and Third-Party
Complaint exclusive of the day of service or within thirty days after completion of service where
service is made in any manner other than by personal delivery within the State.
In case of your failure to answer the Third-Party Complaint, a judgment will be taken
against you by default for the relief demanded in this Third-Party Complaint.
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WHEREFORE, the Third-Party Defendant is liable in contribution and indemnification
to Defendants/Third-Party Plaintiffs for the whole and any judgment which may be rendered
against said Defendants/Third-Party Plaintiffs in the action herein, together with costs,
disbursements and attorney fees arising therefrom in the defense of this action.
Pursuant to CPLR 3402 (b), we give NOTICE that the title of this action has been
changed from the style of the Complaint of the Plaintiff (Exhibit "A") to the style of this THIRD-
PARTY SUMMONS and THIRD-PARTY COMPLAINT; the calendar status of this action as of
this date is: "NOT ON CALENDAR".
DATED: October 12, 2021
New York, New York
EUSTACE, PREZIOSO & YAPCHANYK
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
Attorneys for Defendants/Third-Party Plaintiffs,
MAYORE ESTATES LLC AND 80
LAFAYETTE ASSOCIATES, LLC.
By:
Maureen E. Peknic
TO:
Latos Latos & Associates, P.C.
Attorneys for Plaintiff, Louis A. Maldonado
23-25 31st Street, Suite 410
Astoria, New York 11105
Gottlieb Siegel & Schwartz, LLP
Attorneys for Defendant, Excel Elevator & Escalator, Corp.
207 East 94th Street, Mezzanine Level
New York, New York 10128
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Century 21, Inc.
Third-Party Defendant
22 Cortlandt Street, 11th Floor
New York, New York 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
LOUIS A. MALDONADO, Index No.: 157308/2020
(ECF)
Plaintiff(s)
v. THIRD-PARTY
COMPLAINT
EXCEL ELEVATOR & ESCALATOR, CORP.,
MAYORE ESTATES LLC AND 80 LAFAYETTE
ASSOCIATES LLC
Defendant(s)
MAYORE ESTATES LLC AND 80 LAFAYETTE Index No.:
ASSOCIATES LLC
Third-Party Plaintiff(s)
v.
CENTURY 21, INC.
Third-Party Defendant(s)
Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE
ASSOCIATES, LLC., by its attorneys, EUSTACE, PREZIOSO & YAPCHANYK, as and for its
Third-Party Complaint against Third-Party Defendant CENTURY 21, INC. respectfully alleges
upon information and belief as follows:
Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE
ASSOCIATES, LLC., by and through their attorneys, Eustace, Prezioso & Yapchanyk, hereby
state, upon information and belief, as follows:
THE PARTIES
1. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE
ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a domestic
corporation organized and existing under the laws of the State of New York, with its principal
place of business located at 22 Cortlandt Street, 11th Floor, New York, New York 10007.
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2. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE
ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a foreign
corporation company authorized to conduct business within the State of New York.
3. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE
ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a domestic
limited liability company organized and existing under the laws of the State of New York, with
its principal place of business located at 22 Cortlandt Street, 11th Floor, New York, New York
10007.
4. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE
ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a foreign limited
liability company authorized to conduct business within the State of New York.
5. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE
ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a domestic
partnership organized and existing under the laws of the State of New York, with its principal
place of business located at 22 Cortlandt Street, 11th Floor, New York, New York 10007.
6. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE
ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a foreign
partnership authorized to conduct business within the State of New York.
7. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC.,
was and still is a domestic corporation organized and existing under the laws of the State of New
York, with its principal place of business located at 22 Cortlandt Street, 11th Fl., New York,
New York 10017.
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8. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC.,
was and still is a foreign corporation company authorized to conduct business within the State of
New York.
9. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC.,
was and still is a domestic limited liability company organized and existing under the laws of the
State of New York, with its principal place of business located at 22 Cortlandt Street, 11th Fl.,
New York, New York 10017.
10. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC.,
was and still is a foreign limited liability company authorized to conduct business within the
State of New York.
11. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC.,
was and still is a domestic partnership organized and existing under the laws of the State of New
York, with its principal place of business located at 22 Cortlandt Street, 11th Fl., New York,
New York 10017.
12. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC.,
was and still is a foreign partnership authorized to conduct business within the State of New
York.
13. That, upon information and belief, at all times herein relevant, Third-Party
Defendant, CENTURY 21, INC., was and still is engaged in the business of construction,
renovation, and/or alteration work and/or services in the State of New York.
14. That at all times hereinafter mentioned, Third-Party Defendant, CENTURY 21,
INC., actually conducted and transacted business, engaged in a persistent course of conduct,
and/or derived substantial revenue from services within the State of New York.
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15. That this action is based on transactions or occurrences within the State of New
York.
16. That, upon information and belief, on or about October 24, 2019, the Third-Party
Defendant, CENTURY 21, INC., was engaged by or contracted with the Defendants/Third-Party
Plaintiffs to perform certain work and/or services at 22 Cortlandt Street, New York, New York.
17. That, upon information and belief, prior to, on, and subsequent to October 24,
2019, the Third-Party Defendant, CENTURY 21, INC., performed certain work and/or services
at 22 Cortlandt Street, New York, New York, in accordance with its engagement or contract with
Defendants/Third-Party Plaintiffs.
THE UNDERLYING ACTION
18. The ("Plaintiff'), alleges that he sustained personal injuries, on October 24, 2019,
when he was negligently caused to slip/trip and fall while he was lawfully traversing the
premises located at 22 Cortlandt Street, New York, New York (hereinafter the “Subject
Premises”).
19. On September10, 2020, Plaintiff filed a Summons and Verified Complaint against
Defendants/Third-Party Plaintiffs, a copy of which is annexed hereto as Exhibit “A.”
20. On or about September 28, 2020, Defendants/Third-Party Plaintiffs interposed
their Answer, denying all material allegations of such pleading thereby joining issue, a copy of
which is annexed hereto as Exhibit “B.”
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AS AND FOR A FIRST CAUSE OF ACTION FOR
COMMON LAW INDEMNITY
21. Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80
LAFAYETTE ASSOCIATES, LLC. repeats and realleges each and every allegation contained in
paragraphs 1 through 20 of this Third-Party Complaint.
22. That at all times hereinafter mentioned, Third Party Defendant CENTURY 21,
INC. controlled the subject premises located at 22 Cortlandt Street, New York, New York.
23. That at all times hereinafter mentioned, Third Party Defendant CENTURY 21,
INC. maintained the subject premises located 22 Cortlandt Street, New York, New York.
24. That at all times hereinafter mentioned, Third Party Defendant CENTURY 21,
INC. supervised the subject premises located at 22 Cortlandt Street, New York, New York.
25. That if Plaintiff recovers a judgment against Defendants/Third-Party Plaintiffs,
MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. for the alleged injuries
and damages that Plaintiff alleges to have suffered at the time and place mentioned in the
Complaint, such damages and liability imposed on the Defendants/Third-Party Plaintiffs will
have been caused and brought by reason of the primary and active negligence and/or violation of
the statue, rule, regulation and/or ordinance by the Third-Party Defendant CENTURY 21, INC.,
its agents, servants and/or employees in permitting, causing, creating and/or permitting to exist
the alleged conditions set forth in Plaintiff’s Complaint, in generally failing to exercise due care
and diligence, all without any active or primary negligence on the part of Defendants/Third-Party
Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. contributing
thereto. As a result, then said Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC
AND 80 LAFAYETTE ASSOCIATES, LLC. shall be entitled to indemnification pursuant to the
principles of common law, from Third-Party Defendant CENTURY 21, INC. for all damages
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which may be assessed against Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC
AND 80 LAFAYETTE ASSOCIATES, LLC., including but not limited to costs, disbursements
and attorney fees.
AS AND FOR A SECOND CAUSE OF ACTION FOR
CONTRIBUTION
26. Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80
LAFAYETTE ASSOCIATES, LLC. repeats and realleges each and every allegation contained in
paragraphs 1 through 25 of this Third-Party Complaint.
27. That it is alleged that Plaintiff sustained personal injuries as a result of the
aforementioned accident on the premises of 22 Cortlandt Street, New York, New York, allegedly
due to the negligence of Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80
LAFAYETTE ASSOCIATES, LLC.
28. That if Plaintiff was caused to sustain injuries at the time and place in the in the
manner alleged in the Complaint, through any carelessness, recklessness and negligence, or
contributory negligence, then any such injuries or damages were caused by the carelessness,
recklessness and negligence of Third-Party Defendant CENTURY 21, INC. its agents, servants
and/or employees and consequently, Third-Party Defendant is responsible in whole or in part for
such injuries.
29. That by reason of the foregoing, the impleaded Third-Party Defendant
CENTURY 21, INC. will be liable to Defendants/Third-Party Plaintiffs, MAYORE ESTATES
LLC AND 80 LAFAYETTE ASSOCIATES, LLC. in that event and in the full amount of
recovery herein by Plaintiff or for that proportion thereof caused by the relative responsibility of
Third-Party Defendant CENTURY 21, INC. and that said Third-Party Defendant is bound to pay
any and all attorneys’ fees, costs of investigations and disbursements.
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AS AND FOR A THIRD CAUSE OF ACTION FOR
CONTRACTUAL INDEMNITY
30. Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80
LAFAYETTE ASSOCIATES, LLC. repeat and reallege each and every allegation contained in
paragraphs 1 through 29 of this Third-Party Complaint.
31. That prior to the date of the accident which is the subject of this action,
Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE
ASSOCIATES, LLC. entered into a written agreement with Third Party Defendant CENTURY
21, INC. for the premises located at 22 Cortlandt Street, New York, New York. A copy of the
referenced agreement and renewal of said agreement are attached hereto collectively as Exhibit
“C”.
32. That said agreement was in effect on the date of accident which is the subject of
this action.
33. That pursuant to said agreement, Third-Party Defendant CENTURY 21, INC.
assumed the obligation to hold harmless Defendants/Third-Party Plaintiffs, MAYORE
ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC.
34. That pursuant to said agreement, Third-Party Defendant CENTURY 21, INC.
assumed the obligation to indemnify Defendants/Third-Party Plaintiffs, MAYORE ESTATES
LLC AND 80 LAFAYETTE ASSOCIATES, LLC.
35. That pursuant to said agreement, Third-Party Defendant CENTURY 21, INC. is
to assume the defense of Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80
LAFAYETTE ASSOCIATES, LLC.
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36. That if the Plaintiff was caused to sustain the alleged injuries and damages at the
time and place mentioned in Plaintiff’s Complaint, due to any carelessness, recklessness or
negligence other than Plaintiff’s own carelessness, recklessness or negligence, and in the event
of any judgment or settlement is recovered herein by Plaintiff against Defendants/Third-Party
Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., then said
Defendants/Third-Party Plaintiffs will be damaged thereby and Third-Party Defendant
CENTURY 21, INC. is or will be responsible therefore by virtue of the terms, covenants,
warranties and clauses contained in the aforesaid agreement.
37. That by reason of the foregoing, pursuant to the hold harmless/indemnification
agreement, Third-Party Defendant CENTURY 21, INC. must indemnify the Defendants/Third-
Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. in full
for any money Defendants/Third-Party Plaintiffs paid or pays to Plaintiff.
AS AND FOR A FOURTH CAUSE OF ACTION FOR
BREACH OF CONTRACT FOR FAILURE TO PROCURE
INSURANCE
38. Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80
LAFAYETTE ASSOCIATES, LLC. repeat and reallege each and every allegation contained in
paragraphs 1 through 37 of this Third-Party Complaint.
39. That prior to the date of the alleged occurrence which is the subject of this action,
Third-Party Defendant CENTURY 21, INC. agreed to procure a policy of liability insurance
insuring Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE
ASSOCIATES, LLC. against claims such as that which is asserted in this action against
Defendants/Third-Party Plaintiffs.
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40. That pursuant to said agreement, Third-Party Defendant CENTURY 21, INC.
was, prior to the commencement of any work under the contract, at its own expense, to maintain
insurance on its own behalf and naming Defendants/Third-Party Plaintiffs, MAYORE ESTATES
LLC AND 80 LAFAYETTE ASSOCIATES, LLC. as additional insureds pursuant to the terms
of said agreement with said insurance policy providing for comprehensive liability insurance.
41. Upon information and belief, Third-Party Defendant CENTURY 21, INC. failed
to procure such insurance thereby breaching the agreement with Defendants/Third-Party
Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., and if to
the extent that Plaintiff shall recover against Defendants/Third-Party Plaintiffs, then said
Defendants/Third-Party Plaintiffs will have been damaged thereby and is entitled to be
indemnified by Third-Party Defendant CENTURY 21, INC. for the full amount of any recovery
by Plaintiff herein.
WHEREFORE, the Third-Party Defendant is liable in contribution and indemnification
to Defendants/Third-Party Plaintiffs for the whole and any judgment which may be rendered
against said Defendants/Third-Party Plaintiffs in the action herein, together with costs,
disbursements and attorney fees arising therefrom in the defense of this action.
Pursuant to CPLR §3402 (b), we give NOTICE that the title of this action has been
changed from the style of the Complaint of the plaintiffs (Exhibit "A") to the style of this
THIRD-PARTY SUMMONS and THIRD-PARTY COMPLAINT; the calendar status of this
action as of this date is: "NOT ON CALENDAR"
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DATED: October 12, 2021
New York, New York
EUSTACE, PREZIOSO & YAPCHANYK
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
Attorneys for Defendants/Third-Party Plaintiffs,
MAYORE ESTATES LLC AND 80
LAFAYETTE ASSOCIATES, LLC.
By:
Maureen E. Peknic
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Index No. 157308/2020 (ECF)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
LOUIS A. MALDONADO,
Plaintiff,
v.
EXCEL ELEVATOR & ESCALATOR, CORP., MAYORE ESTATES
LLC AND 80 LAFAYETTE ASSOCIATES LLC
Defendants.
x
THIRD PARTY SUMMONS AND THIRD PARTY COMPLAINT
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendants/Third-Party Plaintiffs
MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC.
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
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Preview
FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x LOUIS A. MALDONADO, Index No.: 157308/2020 (ECF) Plaintiff, v. THIRD-PARTY EXCEL ELEVATOR & ESCALATOR, CORP., SUMMONS MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES LLC Defendants. x MAYORE ESTATES LLC AND 80 LAFAYETTE Index No.: ASSOCIATES LLC Third-Party Plaintiffs, v. CENTURY 21, INC. Third-Party Defendant. x YOU ARE HEREBY SUMMONED to answer the Third-Party Complaint of Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., a copy of which is hereby served upon you and is incorporated by reference as if more fully set forth herein, and to serve copies of your answer upon the undersigned Attorneys for Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. and upon Attorneys at the service addresses listed herein below within twenty (20) days after service of this Third-Party Summons and Third-Party Complaint exclusive of the day of service or within thirty days after completion of service where service is made in any manner other than by personal delivery within the State. In case of your failure to answer the Third-Party Complaint, a judgment will be taken against you by default for the relief demanded in this Third-Party Complaint. 1 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 WHEREFORE, the Third-Party Defendant is liable in contribution and indemnification to Defendants/Third-Party Plaintiffs for the whole and any judgment which may be rendered against said Defendants/Third-Party Plaintiffs in the action herein, together with costs, disbursements and attorney fees arising therefrom in the defense of this action. Pursuant to CPLR 3402 (b), we give NOTICE that the title of this action has been changed from the style of the Complaint of the Plaintiff (Exhibit "A") to the style of this THIRD- PARTY SUMMONS and THIRD-PARTY COMPLAINT; the calendar status of this action as of this date is: "NOT ON CALENDAR". DATED: October 12, 2021 New York, New York EUSTACE, PREZIOSO & YAPCHANYK 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 Attorneys for Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. By: Maureen E. Peknic TO: Latos Latos & Associates, P.C. Attorneys for Plaintiff, Louis A. Maldonado 23-25 31st Street, Suite 410 Astoria, New York 11105 Gottlieb Siegel & Schwartz, LLP Attorneys for Defendant, Excel Elevator & Escalator, Corp. 207 East 94th Street, Mezzanine Level New York, New York 10128 2 2 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 Century 21, Inc. Third-Party Defendant 22 Cortlandt Street, 11th Floor New York, New York 10007 3 3 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LOUIS A. MALDONADO, Index No.: 157308/2020 (ECF) Plaintiff(s) v. THIRD-PARTY COMPLAINT EXCEL ELEVATOR & ESCALATOR, CORP., MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES LLC Defendant(s) MAYORE ESTATES LLC AND 80 LAFAYETTE Index No.: ASSOCIATES LLC Third-Party Plaintiff(s) v. CENTURY 21, INC. Third-Party Defendant(s) Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., by its attorneys, EUSTACE, PREZIOSO & YAPCHANYK, as and for its Third-Party Complaint against Third-Party Defendant CENTURY 21, INC. respectfully alleges upon information and belief as follows: Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., by and through their attorneys, Eustace, Prezioso & Yapchanyk, hereby state, upon information and belief, as follows: THE PARTIES 1. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a domestic corporation organized and existing under the laws of the State of New York, with its principal place of business located at 22 Cortlandt Street, 11th Floor, New York, New York 10007. 4 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 2. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a foreign corporation company authorized to conduct business within the State of New York. 3. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a domestic limited liability company organized and existing under the laws of the State of New York, with its principal place of business located at 22 Cortlandt Street, 11th Floor, New York, New York 10007. 4. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a foreign limited liability company authorized to conduct business within the State of New York. 5. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a domestic partnership organized and existing under the laws of the State of New York, with its principal place of business located at 22 Cortlandt Street, 11th Floor, New York, New York 10007. 6. That at all times herein relevant, Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., was and still is a foreign partnership authorized to conduct business within the State of New York. 7. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC., was and still is a domestic corporation organized and existing under the laws of the State of New York, with its principal place of business located at 22 Cortlandt Street, 11th Fl., New York, New York 10017. 2 5 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 8. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC., was and still is a foreign corporation company authorized to conduct business within the State of New York. 9. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC., was and still is a domestic limited liability company organized and existing under the laws of the State of New York, with its principal place of business located at 22 Cortlandt Street, 11th Fl., New York, New York 10017. 10. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC., was and still is a foreign limited liability company authorized to conduct business within the State of New York. 11. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC., was and still is a domestic partnership organized and existing under the laws of the State of New York, with its principal place of business located at 22 Cortlandt Street, 11th Fl., New York, New York 10017. 12. That at all times herein relevant, Third-Party Defendant, CENTURY 21, INC., was and still is a foreign partnership authorized to conduct business within the State of New York. 13. That, upon information and belief, at all times herein relevant, Third-Party Defendant, CENTURY 21, INC., was and still is engaged in the business of construction, renovation, and/or alteration work and/or services in the State of New York. 14. That at all times hereinafter mentioned, Third-Party Defendant, CENTURY 21, INC., actually conducted and transacted business, engaged in a persistent course of conduct, and/or derived substantial revenue from services within the State of New York. 3 6 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 15. That this action is based on transactions or occurrences within the State of New York. 16. That, upon information and belief, on or about October 24, 2019, the Third-Party Defendant, CENTURY 21, INC., was engaged by or contracted with the Defendants/Third-Party Plaintiffs to perform certain work and/or services at 22 Cortlandt Street, New York, New York. 17. That, upon information and belief, prior to, on, and subsequent to October 24, 2019, the Third-Party Defendant, CENTURY 21, INC., performed certain work and/or services at 22 Cortlandt Street, New York, New York, in accordance with its engagement or contract with Defendants/Third-Party Plaintiffs. THE UNDERLYING ACTION 18. The ("Plaintiff'), alleges that he sustained personal injuries, on October 24, 2019, when he was negligently caused to slip/trip and fall while he was lawfully traversing the premises located at 22 Cortlandt Street, New York, New York (hereinafter the “Subject Premises”). 19. On September10, 2020, Plaintiff filed a Summons and Verified Complaint against Defendants/Third-Party Plaintiffs, a copy of which is annexed hereto as Exhibit “A.” 20. On or about September 28, 2020, Defendants/Third-Party Plaintiffs interposed their Answer, denying all material allegations of such pleading thereby joining issue, a copy of which is annexed hereto as Exhibit “B.” 4 7 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 AS AND FOR A FIRST CAUSE OF ACTION FOR COMMON LAW INDEMNITY 21. Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. repeats and realleges each and every allegation contained in paragraphs 1 through 20 of this Third-Party Complaint. 22. That at all times hereinafter mentioned, Third Party Defendant CENTURY 21, INC. controlled the subject premises located at 22 Cortlandt Street, New York, New York. 23. That at all times hereinafter mentioned, Third Party Defendant CENTURY 21, INC. maintained the subject premises located 22 Cortlandt Street, New York, New York. 24. That at all times hereinafter mentioned, Third Party Defendant CENTURY 21, INC. supervised the subject premises located at 22 Cortlandt Street, New York, New York. 25. That if Plaintiff recovers a judgment against Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. for the alleged injuries and damages that Plaintiff alleges to have suffered at the time and place mentioned in the Complaint, such damages and liability imposed on the Defendants/Third-Party Plaintiffs will have been caused and brought by reason of the primary and active negligence and/or violation of the statue, rule, regulation and/or ordinance by the Third-Party Defendant CENTURY 21, INC., its agents, servants and/or employees in permitting, causing, creating and/or permitting to exist the alleged conditions set forth in Plaintiff’s Complaint, in generally failing to exercise due care and diligence, all without any active or primary negligence on the part of Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. contributing thereto. As a result, then said Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. shall be entitled to indemnification pursuant to the principles of common law, from Third-Party Defendant CENTURY 21, INC. for all damages 5 8 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 which may be assessed against Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., including but not limited to costs, disbursements and attorney fees. AS AND FOR A SECOND CAUSE OF ACTION FOR CONTRIBUTION 26. Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. repeats and realleges each and every allegation contained in paragraphs 1 through 25 of this Third-Party Complaint. 27. That it is alleged that Plaintiff sustained personal injuries as a result of the aforementioned accident on the premises of 22 Cortlandt Street, New York, New York, allegedly due to the negligence of Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. 28. That if Plaintiff was caused to sustain injuries at the time and place in the in the manner alleged in the Complaint, through any carelessness, recklessness and negligence, or contributory negligence, then any such injuries or damages were caused by the carelessness, recklessness and negligence of Third-Party Defendant CENTURY 21, INC. its agents, servants and/or employees and consequently, Third-Party Defendant is responsible in whole or in part for such injuries. 29. That by reason of the foregoing, the impleaded Third-Party Defendant CENTURY 21, INC. will be liable to Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. in that event and in the full amount of recovery herein by Plaintiff or for that proportion thereof caused by the relative responsibility of Third-Party Defendant CENTURY 21, INC. and that said Third-Party Defendant is bound to pay any and all attorneys’ fees, costs of investigations and disbursements. 6 9 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 AS AND FOR A THIRD CAUSE OF ACTION FOR CONTRACTUAL INDEMNITY 30. Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. repeat and reallege each and every allegation contained in paragraphs 1 through 29 of this Third-Party Complaint. 31. That prior to the date of the accident which is the subject of this action, Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. entered into a written agreement with Third Party Defendant CENTURY 21, INC. for the premises located at 22 Cortlandt Street, New York, New York. A copy of the referenced agreement and renewal of said agreement are attached hereto collectively as Exhibit “C”. 32. That said agreement was in effect on the date of accident which is the subject of this action. 33. That pursuant to said agreement, Third-Party Defendant CENTURY 21, INC. assumed the obligation to hold harmless Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. 34. That pursuant to said agreement, Third-Party Defendant CENTURY 21, INC. assumed the obligation to indemnify Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. 35. That pursuant to said agreement, Third-Party Defendant CENTURY 21, INC. is to assume the defense of Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. 7 10 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 36. That if the Plaintiff was caused to sustain the alleged injuries and damages at the time and place mentioned in Plaintiff’s Complaint, due to any carelessness, recklessness or negligence other than Plaintiff’s own carelessness, recklessness or negligence, and in the event of any judgment or settlement is recovered herein by Plaintiff against Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., then said Defendants/Third-Party Plaintiffs will be damaged thereby and Third-Party Defendant CENTURY 21, INC. is or will be responsible therefore by virtue of the terms, covenants, warranties and clauses contained in the aforesaid agreement. 37. That by reason of the foregoing, pursuant to the hold harmless/indemnification agreement, Third-Party Defendant CENTURY 21, INC. must indemnify the Defendants/Third- Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. in full for any money Defendants/Third-Party Plaintiffs paid or pays to Plaintiff. AS AND FOR A FOURTH CAUSE OF ACTION FOR BREACH OF CONTRACT FOR FAILURE TO PROCURE INSURANCE 38. Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. repeat and reallege each and every allegation contained in paragraphs 1 through 37 of this Third-Party Complaint. 39. That prior to the date of the alleged occurrence which is the subject of this action, Third-Party Defendant CENTURY 21, INC. agreed to procure a policy of liability insurance insuring Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. against claims such as that which is asserted in this action against Defendants/Third-Party Plaintiffs. 8 11 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 40. That pursuant to said agreement, Third-Party Defendant CENTURY 21, INC. was, prior to the commencement of any work under the contract, at its own expense, to maintain insurance on its own behalf and naming Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. as additional insureds pursuant to the terms of said agreement with said insurance policy providing for comprehensive liability insurance. 41. Upon information and belief, Third-Party Defendant CENTURY 21, INC. failed to procure such insurance thereby breaching the agreement with Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC., and if to the extent that Plaintiff shall recover against Defendants/Third-Party Plaintiffs, then said Defendants/Third-Party Plaintiffs will have been damaged thereby and is entitled to be indemnified by Third-Party Defendant CENTURY 21, INC. for the full amount of any recovery by Plaintiff herein. WHEREFORE, the Third-Party Defendant is liable in contribution and indemnification to Defendants/Third-Party Plaintiffs for the whole and any judgment which may be rendered against said Defendants/Third-Party Plaintiffs in the action herein, together with costs, disbursements and attorney fees arising therefrom in the defense of this action. Pursuant to CPLR §3402 (b), we give NOTICE that the title of this action has been changed from the style of the Complaint of the plaintiffs (Exhibit "A") to the style of this THIRD-PARTY SUMMONS and THIRD-PARTY COMPLAINT; the calendar status of this action as of this date is: "NOT ON CALENDAR" 9 12 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 DATED: October 12, 2021 New York, New York EUSTACE, PREZIOSO & YAPCHANYK 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 Attorneys for Defendants/Third-Party Plaintiffs, MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. By: Maureen E. Peknic 10 13 of 14 FILED: NEW YORK COUNTY CLERK 10/12/2021 03:02 PM INDEX NO. 157308/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/12/2021 Index No. 157308/2020 (ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x LOUIS A. MALDONADO, Plaintiff, v. EXCEL ELEVATOR & ESCALATOR, CORP., MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES LLC Defendants. x THIRD PARTY SUMMONS AND THIRD PARTY COMPLAINT EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendants/Third-Party Plaintiffs MAYORE ESTATES LLC AND 80 LAFAYETTE ASSOCIATES, LLC. 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 14 of 14