Preview
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 251 RECEIVED NYSCEF: 02/14/2019
EXHIBIT A
FILED: NEW
IFILED:NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 02/14/2019
09/38/2019| 09:46
02:48 AM INDEX
INDEX NO.
NO. 158327/2013
158327/2013
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 251
142 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/14/2019
09/Q8/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK SUMMONS
Index No.:
KEVIN McGONIGAL, Date Purchased:
Plaintiff(s), Plaintiff designates NEW YORK
County as the place of trial
-against-
Basis of Venue: Defendant's
ST
NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51 principal place of business
STREET LLC and PLAZA CONSTRUCTION CORP.,
Residence of Plaintiff:
Defendant(s). 117 Christian Drive
East Stroudsburg, PA 18301
To the above named Defendant(s):
You are hereby summoned to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York), and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York
September 12, 2013
SA S AN SACKS, LLP
By: KEN ET ACKS, ESQ.
Attorney(s) for Plaintiff
Office and Post Office Address
150 - 4th Floor
Broadway
New York, New York 10038
(212) 964-5570
Defendant(s) Address(es):
NYY STEAK MANHATTAN, LLC PLAZA CONSTRUCTION CORP.
51st 7th
7-9 West Street 1065 Avenue of the Americas,
New York, New York 10019 New York, New York 10018
ST
PREF 7 WEST 51 STREET LLC
c/o Lachman & Lachman LLP
444 Madison Avenue, Suite 2800
New York, New York 10022
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 02/14/2019
02/08/2019 09:46
02:48 AM
PM|
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 251
242 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/14/2019
02/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
KEVIN McGONIGAL,
VERIFIED COMPLAINT
Plaintiff(s),
-against-
Index No.:
ST
NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51
STREET LLC and PLAZA CONSTRUCTION CORP.,
Defendant(s).
Plaintiff, complaining of the defendants, by his aticineys, SACKS & SACKS, LLP,
respectfully alleges as follows:
FIRST: That at all times herein mentioned, defendant, NYY STEAK
MANHATTAN, LLC was and still is a domestic limited liability company duly organized and
existing under and by virtue of the laws of the State of New York.
SECOND: That at all times herein mentioned, defendant, NYY STEAK
MANHATTAN, LLC was and still is a foreign limited liabi|ity company duly authorized to own
property and conduct business in the State of New York.
51ST
THIRD: That at all times herein mentioned, defendant, PREF 7 WEST
STREET LLC was and still is a foreign limited liability company duly authorized to own property
and conduct business in the State of New York.
FOURTH: That at all times herein mentioned, defendant, PLAZA CONSTRUCTION
CORP. was and still is a dcmestic corporation duly organized and existing under and by virtue
of the laws of the State of New York.
FIFTH: That at all times herein mentioned, defendant, NYY STEAK
MANHATTAN, LLC was and still is the owner of premises under construction located at 7 West
51st
Street in the Borough of Manhattan, City and State of New York.
FILED: NEW
[FILED:NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 02/14/2019
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SIXTH: That at all times herein meñticñed, defendant, NYY STEAK
MANHATTAN, LLC is the !essee of the aforesaid premises.
51ST
SEVENTH: That at all times herein méñtioned, defeñdañt, PREF 7 WEST
STREET LLC was and still is the owner of the afcresaid premises.
EIGHTH: That at all times herein mentiched, defendant, PLAZA CONSTRUCTION
CORP. was in the business of providing general contracting services and was the general
contractor at the aforesaid premises.
NINTH: That at all times herein mentioned, defendant, PLAZA CONSTRUCTION
CORP. was in the business of providing construction management services and was the
construction manager at the aforesaid premises.
TENTH: That at all times herein mentioned, defendant, NYY STEAK
MANHATTAN, LLC entered into a contract with PLAZA CONSTRUCTION CORP. for PLAZA
CONSTRUCTION CORP. to act as general contractor and/or construction manager at the
aforesaid premises.
51ST
ELEVENTH: That at all times herein mentioned, defendant, PREF 7 WEST
STREET LLC eñtered into a contract with PLAZA CONSTRUCTION CORP. for PLAZA
CONSTRUCTION CORP. to act as general contract0r and/or construction manager at the
aforesaid premises.
TWELFTH: That at all times herein mentioned, defendant, PLAZA CONSTRUCTION
CORP. entered into a subccñtract with Day & Nite Refrigeration a/k/a Kimco Refrigeration for
Day & Nite Refrigeraticñ a/k/a Kimco Refrigeraticñ to perform work, labor and services at the
aforesaid premises.
THIRTEENTH: That on the 6th day of September, 2013, while plaintiff, KEVIN
McGONIGAL was lawfully upon the aforesaid premises as an employee of the aforesaid Day &
Nite Refrigeraticñ a/k/a Kimco Refrigeration he was caused to sustain serious and severe
injuries.
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 02/14/2019
02/08/2019 09:46
02:48 AM
PM|
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FOURTEENTH: The occurrence as aforesaid was caused solely and wholly by
reason of the negligence, carelessness and reck:êssness of the defendants, their contractors,
agents and employees who were negligent in the ownership, operation, management and
control of the aforesaid premises. While plaintiff was lawfully performing his duties, he was
caused to sustain serious and severe injuries when he fell and/or stepped into an unguarded
opening. Said apening was hazardous and dangerous and did not contain any planking,
barricades, guard rails; there were no warñiñÿs thereat; the illumination in the area was poor
and efficient; further, there was dirt, debris and refuse in the area. Defendants, their
contractors, agents-and-employees failed-to-ensure-that the-jobsite was-properly-illuminated
further, allowed dirt, debris and other refuse to be and remain in hallways, passageways,
thoroughfares and work areas causing dangerous and hazardous work conditions; further, failed
to properly protect dangerous and hazardous openings; further, failed to guard off, barricade
same; further, failed to have warnings thereat; further, allowed dangerous and hazardous
openings to exist in said work area; further, violated Sections 200, 240 and 241(6) of the Labor
Law of the State of New York, Rule 23 of the Industrial Code of the State of New York,
but not limited to 23-1.5, 23-
specifically 23-1.7, 23-1.11, 23-1.15, 23-2.1, 23-2.2, 23-2.3, 23-2.4,
2.5, 1.30, 23-3, 23-4, 23-5, 23-6, Article 1926 of O.S.H.A and was otherwise negligent, careless
and reckless causing plaintiff to sustain serious and severe injuries.
FIFTEENTH: Claimant was free from comparative fault.
SIXTEENTH: As a result of the aforesaid occurrence plaintiff was rendered sick, sore,
lame and disabled, was confined to bed and home for a long period of time; was caused to
expeñd large sums of money for medical aid and attention and has been prevented from
attending his usual occupation and/or avocation for a long period of time.
SEVENTEENTH: The monetary damages sustaiñêd by plaintiff exceed the
jurisdictional limitations of all lower courts which would atherwise have had jurisdiction.
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 02/14/2019
02/08/2019 09:46
02:48 AM
PM|
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NO. 158327/2013
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DOC. NO.
NO. 251
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WHEREFORE, the plaintiff demands relief against the defendants for conscious pain
and suffering, loss of enjoyment of life, medical expenses, past and future, lost wages and union
benefits, past and future, and all other recoverable items under New York State law.
SACKS AND SACKS, LLP
Attorneys for Plaintiff(s)
Office & P.O. Address:
150 - 4th Floor
Broadway
New York, New York 10038
(212) 964-5570
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 02/14/2019
02/08/2019 09:46
02:48 AM
PM|
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 251
242 RECEIVED
RECEIVED NYSCEF:
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02/08/2019
ATTORNEY'S VERIFICATION BY AFFIRMATION
I, KENNETH SACKS, am an attorney duly admitted to practice in the courts of New York
State, and say that: I am the attorney of record, or of counsel with the attorney(s) of record, for
the plaintiff(s), I have read the annexed SUMMONS AND VERIFIED COMPLAINT know the
contents thereof and the same are true to my kñcwledge, except those matters therein which
are stated to be alleged on iñfcimation and belief, and as to those matters I believe them to be
true. My belief, as to those matters therein not stated upon knowledge, is based upon the
following: facts, investigations and pertineñt data contained in depcñêñt's file.
_ _ _ The reason J make this affirmation instead of plaintiff is because plaintiff(s) reside in a
County other than where deponent maintains his office.
Dated: New York, New York
September 12, 2013
KENNET KS, ESQ.
FILED:: NEW
IFILED NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 02/14/2019
08/08/20181 09:46
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
________ ____ -----,..---------- X
KEVIN McGONIGAL,
Index No.: 158327/13
Plaintiff,
-agaiñst- STATEMENT
PURSUANT TO RULE
51"
NYY STEAK MANHATTAN, LLC, PREF 7 WEST 3402(b) OF THE CPLR
STREET LLC and PLAZA CONSTRUCTION CORP. ,
Defendants.
_______ ----- - ------ X
PLAZA CONSTRUCTION CORP. ,
Third-Party Plaintiffs,
-against-
BARING INDUSTRIES, INC., Third-Party Index No.
Third-Party Defendant.
---------------- -------------------X
PLEASE TAKE NOTICE that, in the above-entitled action, defendant/third-party
plaintiff, PLAZA CONSTRUCTION CORP. has impleaded the above-named third-party
defendant, BARING INDUSTRIES, INC., the caption of this action is now set forth above and
that a copy of this Statement has been served upon all parties who have appeared in this action.
Dated: New York, New York Yours, etc.,
June 5, 2014
FABIANI COHEN & HALL, LLP
Thomas J. Hall
Attorneys for Defendants/Third-Party Plaintiffs
PLAZA CONSTRUCTION CORP.
4*
570 Lexington Avenue, Floor
New York, New York 10022
212 644-4420
723024
FILED:
FILED : NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 02/14/2019
02/08/2019 09:46
02:4 8 AM
PM|
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TO: [VIA SECRETARY OF STATE]
BARING INDUSTRIES, INC.
42"d
3249 S.W. Street
Fort Lauderdale, Florida 33312
Sacks and Sacks, LLP
Attorneys for Plaintiff,
Kevin McGonigal
4*
150 Broadway, Floor
New York, New York 10038
212-964-5700
Jones Hirsch Connors Miller & Bull, PC
Attorneys for Defendant
NYY Steak Manhattan, LLC
One Battery Park Plaza
New York, New York 10004
212-527-1000
[723024/1] 2
FILED:
FILED : NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 02/14/2019
02/08/2019 09:46
02:48 AM
PM INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 251
242 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/14/2019
02/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
KEVIN McGONIGAL,
Index No.: 158327/13
Plaintiff,
-against- THIRD-PARTY
SUMMONS
51"
NYY
Preview
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 251 RECEIVED NYSCEF: 02/14/2019 EXHIBIT A FILED: NEW IFILED:NEW YORK YORK COUNTY COUNTY CLERK CLERK 02/14/2019 09/38/2019| 09:46 02:48 AM INDEX INDEX NO. NO. 158327/2013 158327/2013 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 251 142 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/14/2019 09/Q8/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SUMMONS Index No.: KEVIN McGONIGAL, Date Purchased: Plaintiff(s), Plaintiff designates NEW YORK County as the place of trial -against- Basis of Venue: Defendant's ST NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51 principal place of business STREET LLC and PLAZA CONSTRUCTION CORP., Residence of Plaintiff: Defendant(s). 117 Christian Drive East Stroudsburg, PA 18301 To the above named Defendant(s): You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York), and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York September 12, 2013 SA S AN SACKS, LLP By: KEN ET ACKS, ESQ. Attorney(s) for Plaintiff Office and Post Office Address 150 - 4th Floor Broadway New York, New York 10038 (212) 964-5570 Defendant(s) Address(es): NYY STEAK MANHATTAN, LLC PLAZA CONSTRUCTION CORP. 51st 7th 7-9 West Street 1065 Avenue of the Americas, New York, New York 10019 New York, New York 10018 ST PREF 7 WEST 51 STREET LLC c/o Lachman & Lachman LLP 444 Madison Avenue, Suite 2800 New York, New York 10022 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 02/14/2019 02/08/2019 09:46 02:48 AM PM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 251 242 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/14/2019 02/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x KEVIN McGONIGAL, VERIFIED COMPLAINT Plaintiff(s), -against- Index No.: ST NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51 STREET LLC and PLAZA CONSTRUCTION CORP., Defendant(s). Plaintiff, complaining of the defendants, by his aticineys, SACKS & SACKS, LLP, respectfully alleges as follows: FIRST: That at all times herein mentioned, defendant, NYY STEAK MANHATTAN, LLC was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. SECOND: That at all times herein mentioned, defendant, NYY STEAK MANHATTAN, LLC was and still is a foreign limited liabi|ity company duly authorized to own property and conduct business in the State of New York. 51ST THIRD: That at all times herein mentioned, defendant, PREF 7 WEST STREET LLC was and still is a foreign limited liability company duly authorized to own property and conduct business in the State of New York. FOURTH: That at all times herein mentioned, defendant, PLAZA CONSTRUCTION CORP. was and still is a dcmestic corporation duly organized and existing under and by virtue of the laws of the State of New York. FIFTH: That at all times herein mentioned, defendant, NYY STEAK MANHATTAN, LLC was and still is the owner of premises under construction located at 7 West 51st Street in the Borough of Manhattan, City and State of New York. FILED: NEW [FILED:NEW YORK YORK COUNTY COUNTY CLERK CLERK 02/14/2019 02/08/2019 09:46 02:48 AM PM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 251 242 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/14/2019 02/08/2019 SIXTH: That at all times herein meñticñed, defendant, NYY STEAK MANHATTAN, LLC is the !essee of the aforesaid premises. 51ST SEVENTH: That at all times herein méñtioned, defeñdañt, PREF 7 WEST STREET LLC was and still is the owner of the afcresaid premises. EIGHTH: That at all times herein mentiched, defendant, PLAZA CONSTRUCTION CORP. was in the business of providing general contracting services and was the general contractor at the aforesaid premises. NINTH: That at all times herein mentioned, defendant, PLAZA CONSTRUCTION CORP. was in the business of providing construction management services and was the construction manager at the aforesaid premises. TENTH: That at all times herein mentioned, defendant, NYY STEAK MANHATTAN, LLC entered into a contract with PLAZA CONSTRUCTION CORP. for PLAZA CONSTRUCTION CORP. to act as general contractor and/or construction manager at the aforesaid premises. 51ST ELEVENTH: That at all times herein mentioned, defendant, PREF 7 WEST STREET LLC eñtered into a contract with PLAZA CONSTRUCTION CORP. for PLAZA CONSTRUCTION CORP. to act as general contract0r and/or construction manager at the aforesaid premises. TWELFTH: That at all times herein mentioned, defendant, PLAZA CONSTRUCTION CORP. entered into a subccñtract with Day & Nite Refrigeration a/k/a Kimco Refrigeration for Day & Nite Refrigeraticñ a/k/a Kimco Refrigeraticñ to perform work, labor and services at the aforesaid premises. THIRTEENTH: That on the 6th day of September, 2013, while plaintiff, KEVIN McGONIGAL was lawfully upon the aforesaid premises as an employee of the aforesaid Day & Nite Refrigeraticñ a/k/a Kimco Refrigeration he was caused to sustain serious and severe injuries. FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 02/14/2019 02/08/2019 09:46 02:48 AM PM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 251 242 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/14/2019 02/08/2019 FOURTEENTH: The occurrence as aforesaid was caused solely and wholly by reason of the negligence, carelessness and reck:êssness of the defendants, their contractors, agents and employees who were negligent in the ownership, operation, management and control of the aforesaid premises. While plaintiff was lawfully performing his duties, he was caused to sustain serious and severe injuries when he fell and/or stepped into an unguarded opening. Said apening was hazardous and dangerous and did not contain any planking, barricades, guard rails; there were no warñiñÿs thereat; the illumination in the area was poor and efficient; further, there was dirt, debris and refuse in the area. Defendants, their contractors, agents-and-employees failed-to-ensure-that the-jobsite was-properly-illuminated further, allowed dirt, debris and other refuse to be and remain in hallways, passageways, thoroughfares and work areas causing dangerous and hazardous work conditions; further, failed to properly protect dangerous and hazardous openings; further, failed to guard off, barricade same; further, failed to have warnings thereat; further, allowed dangerous and hazardous openings to exist in said work area; further, violated Sections 200, 240 and 241(6) of the Labor Law of the State of New York, Rule 23 of the Industrial Code of the State of New York, but not limited to 23-1.5, 23- specifically 23-1.7, 23-1.11, 23-1.15, 23-2.1, 23-2.2, 23-2.3, 23-2.4, 2.5, 1.30, 23-3, 23-4, 23-5, 23-6, Article 1926 of O.S.H.A and was otherwise negligent, careless and reckless causing plaintiff to sustain serious and severe injuries. FIFTEENTH: Claimant was free from comparative fault. SIXTEENTH: As a result of the aforesaid occurrence plaintiff was rendered sick, sore, lame and disabled, was confined to bed and home for a long period of time; was caused to expeñd large sums of money for medical aid and attention and has been prevented from attending his usual occupation and/or avocation for a long period of time. SEVENTEENTH: The monetary damages sustaiñêd by plaintiff exceed the jurisdictional limitations of all lower courts which would atherwise have had jurisdiction. FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 02/14/2019 02/08/2019 09:46 02:48 AM PM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 251 242 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/14/2019 02/08/2019 WHEREFORE, the plaintiff demands relief against the defendants for conscious pain and suffering, loss of enjoyment of life, medical expenses, past and future, lost wages and union benefits, past and future, and all other recoverable items under New York State law. SACKS AND SACKS, LLP Attorneys for Plaintiff(s) Office & P.O. Address: 150 - 4th Floor Broadway New York, New York 10038 (212) 964-5570 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 02/14/2019 02/08/2019 09:46 02:48 AM PM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 251 242 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/14/2019 02/08/2019 ATTORNEY'S VERIFICATION BY AFFIRMATION I, KENNETH SACKS, am an attorney duly admitted to practice in the courts of New York State, and say that: I am the attorney of record, or of counsel with the attorney(s) of record, for the plaintiff(s), I have read the annexed SUMMONS AND VERIFIED COMPLAINT know the contents thereof and the same are true to my kñcwledge, except those matters therein which are stated to be alleged on iñfcimation and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: facts, investigations and pertineñt data contained in depcñêñt's file. _ _ _ The reason J make this affirmation instead of plaintiff is because plaintiff(s) reside in a County other than where deponent maintains his office. Dated: New York, New York September 12, 2013 KENNET KS, ESQ. FILED:: NEW IFILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 02/14/2019 08/08/20181 09:46 02:4 8 AM INDEX INDEX NO. NO. 158327/2013 158327/2013 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 251 242 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/14/2019 0E/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ________ ____ -----,..---------- X KEVIN McGONIGAL, Index No.: 158327/13 Plaintiff, -agaiñst- STATEMENT PURSUANT TO RULE 51" NYY STEAK MANHATTAN, LLC, PREF 7 WEST 3402(b) OF THE CPLR STREET LLC and PLAZA CONSTRUCTION CORP. , Defendants. _______ ----- - ------ X PLAZA CONSTRUCTION CORP. , Third-Party Plaintiffs, -against- BARING INDUSTRIES, INC., Third-Party Index No. Third-Party Defendant. ---------------- -------------------X PLEASE TAKE NOTICE that, in the above-entitled action, defendant/third-party plaintiff, PLAZA CONSTRUCTION CORP. has impleaded the above-named third-party defendant, BARING INDUSTRIES, INC., the caption of this action is now set forth above and that a copy of this Statement has been served upon all parties who have appeared in this action. Dated: New York, New York Yours, etc., June 5, 2014 FABIANI COHEN & HALL, LLP Thomas J. Hall Attorneys for Defendants/Third-Party Plaintiffs PLAZA CONSTRUCTION CORP. 4* 570 Lexington Avenue, Floor New York, New York 10022 212 644-4420 723024 FILED: FILED : NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 02/14/2019 02/08/2019 09:46 02:4 8 AM PM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 251 242 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/14/2019 02/08/2019 TO: [VIA SECRETARY OF STATE] BARING INDUSTRIES, INC. 42"d 3249 S.W. Street Fort Lauderdale, Florida 33312 Sacks and Sacks, LLP Attorneys for Plaintiff, Kevin McGonigal 4* 150 Broadway, Floor New York, New York 10038 212-964-5700 Jones Hirsch Connors Miller & Bull, PC Attorneys for Defendant NYY Steak Manhattan, LLC One Battery Park Plaza New York, New York 10004 212-527-1000 [723024/1] 2 FILED: FILED : NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 02/14/2019 02/08/2019 09:46 02:48 AM PM INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 251 242 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/14/2019 02/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK KEVIN McGONIGAL, Index No.: 158327/13 Plaintiff, -against- THIRD-PARTY SUMMONS 51" NYY