Preview
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019
"D"
EXHIBIT
"D"
EXHIBIT
FILED:: NEW
(FILED NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 07/18/2019
09/12/2014 04:15
04 : 10 PM INDEX
INDEX NO.
NO. 158327/2013
158327/2013
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 291
13 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/12/2014
07/18/2019
1141413662
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------X Index No. 158327/13
KEVIN McGONIGAL,
Plaintiff, ANSWER TO THIRD-
PARTY COMPLAINT
-against-
NYY STEAK MANHATTAN, LLC, PREF
7 WEST 51ST STREET LLC AND PLAZA
CONSTRUCTION,
Defendants.
-----------------------------------------------------------X
PLAZA CONSTRUCTION CORP.,
Third-Party Plaintiff,
-against-
BARING INDUSTRIES, INC.,
Third-Party Defendant.
-----------------------------------------------------------X
Third-Party Defendant, BARING INDUSTRIES, INC., by and through their attorneys,
the Law Offices of Charles J. Siegel, answering the third-party complaint of the plaintiff herein,
alleges upon information and belief:
FIRST: Denies any knowledge or information sufficient to form a belief as to
"6" "7"
paragraphs designated "1", "5", and of the third-party complaint.
"2"
SECOND: Deny paragraph designated of the third-party complaint, except admit
third-party defendant BARING INDUSTRIES, INC., is a foreign business corporation
authorized to do business in the State of New York.
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019
THIRD: Denies any knowledge or information sufficient to form a belief as to
"3" "4"
paragraphs designated and of the third-party complaint and refers to the contract for its
terms.
"8"
FOURTH: Deny paragraphs designated of the third-party complaint and refers all
questions of law to the Court at the time of trial.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST BARING
FIFTH: The defendant repeats and reiterates all the admissions and denials
contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in
"1" "8"
paragraphs through of the third-party complaint.
SIXTH: Denies any knowledge or information sufficient to form a belief as to
"10" "11"
paragraphs designated and of the third-party complaint and refers to the contract for
its terms.
SEVENTH: Deny any knowledge or information sufficient to form a belief as to
"12"
paragraph designated of the third-party complaint.
"14" "15"
EIGHTH: Denies paragraphs designated "13", and of the third-party
complaint and refers all questions of law to the Court at the time of trial.
"16"
NINTH: Deny paragraph designated of the third-party complaint.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST BARING
TENTH: The defendant repeats and reiterates all the admissions and denials
contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in
"1" "16"
paragraphs through of the third-party complaint.
"18"
ELEVENTH: Deny paragraph designated of the third-party complaint and refers all
questions of law to the Court at the time of trial.
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019
"19"
TWELFTH: Deny paragraph designated of the third-party complaint.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST BARING
THIRTEENTH: The defendant repeats and reiterates all the admissions and denials
contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in
"1" "19"
paragraphs through of the third-party complaint.
"21"
FOURTEENTH: Deny paragraph designated of the third-party complaint and
refers all questions of law to the Court at the time of trial.
"22"
FIFTEENTH: Deny paragraph designed of the third-party complaint.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST BARING
SIXTEENTH: The defendant repeats and reiterates all the admissions and denials
contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in
"1" "22"
paragraphs through of the third-party complaint.
SEVENTEENTH: Deny any knowledge or information sufficient to form a belief as
"24"
to paragraph designated of the third-party complaint and refers to the contract for its terms.
EIGHTEENTH: Deny any knowledge or information sufficient to form a belief as
"25"
to paragraph designated of the third-party complaint.
"26" "27"
NINTEENTH: Denies paragraphs designated and of the third-party
complaint.
TWENTIETH: Except where specifically admitted, the third-party defendant
BARING INDUSTRIES INC., denies all other allegations contained in the third-party complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
Upon information and belief, any past or future costs or expenses incurred or to be
incurred by the plaintiff for medical care, dental care, custodial care, or rehabilitative services,
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019
loss of earnings, or other economic loss, has been or will, with reasonable certainty, be placed or
indemnified in whole or in part from collateral source as defined in Section 4545(c) of the New
York Civil Practice Law and Rules.
If any damages are recoverable against said defendant(s), the amount of such damages
shall be diminished by the amount of the funds which plaintiff(s) has or shall receive from such
collateral source.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
In the event that the plaintiff recovers any judgment against this third-party defendant,
then this third-party defendant demands that any such judgment be diminished in accordance
with Article 16 of the CPLR and more particularly Section 1601 thereof.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
If the plaintiff, KEVIN McGONIGAL, sustained damages as alleged, such damages
occurred while plaintiff was engaged in an activity into which he entered, knowing the hazard,
risk and danger of the activity and he assumed the risks incidental to and attending the activity.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
That the third-party complaint fails to state a cause of action.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
The plaintiff has failed to mitigate damages.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
Third-Party Defendant, BARING INDUSTRIES, INC. pursuant to Section 1412 of the
CPLR, alleges on information and belief, that if plaintiff sustained any injuries or damages at the
time and place alleged in his third-party complaint, such injuries or damages were the result of
the culpable conduct of the plaintiff or because of the plaintiffs negligence and assumption of
risk. Should it be found however, that the answering defendant is liable to the plaintiff herein,
any liability being specifically denied, then the answering defendant alleges that if any damages
are found, they are to be apportioned among the plaintiff and defendants according to the degree
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019
of responsibility that each is found to have in the occurrence, in proportion to the entire measure
of responsibility for the occurrence.
AS AND FOR A COUNTER-CLAIM AGAINST THE THIRD-PARTY PLAINTIFF
PLAZA CONSTRUCTION CORP., THE THIRD-PARTY DEFENDANT,
BARING INDUSTRIES INC. ALLEGES,
UPON INFORMATION AND BELIEF, PURSUANT TO CPLR 3019 (b):
That if the third-party plaintiff PLAZA CONSTRUCTION CORP. sustained the damages
alleged in the complaint through any negligence and/or breach of warranty and/or breach of
contract and/or breach of indemnification agreement other than his own, such damages were
caused by and resulted from the negligence and/or breach of warranty and/or breach of contract
and/or breach of indemnification agreement of the above-named third-party plaintiff PLAZA
CONSTRUCTION CORP.
That if the plaintiff third-party plaintiff PLAZA CONSTRUCTION CORP. recovers a
verdict against the answering third-party defendant for the damages alleged in the complaint,
such liability will have been caused by the negligence and/or breach of warranty and/or breach of
contract and/or breach of indemnification agreement of the above-named third-party plaintiff
PLAZA CONSTRUCTION CORP.
That by reason of the foregoing, if any verdict or judgment is rendered in favor of the
third-party plaintiff PLAZA CONSTRUCTION CORP. against the answering third-party
defendant, then the above named third-party plaintiff PLAZA CONSTRUCTION CORP. will be
liable to the answering third-party defendant, in whole or in part, for said verdict and for costs
and expenses incurred by the said answering third-party defendant(s) in the defense of this
action.
WHEREFORE, the answering third-party defendant BARING INDUSTRIES, INC.
demands judgment dismissing the complaint herein and further demands judgment over and
against the third-party plaintiff PLAZA CONSTRUCTION CORP. hereinbefore named, in
whole or in part, for any verdict or judgment rendered against the answering third-party
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019
together with the costs and disburw-te of this action and the attorney
defendant,
expenses incurred herein.
Dated: New York, New York
September 12, 2014
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for
Third-Party Defendant
BARING INDUSTRIES INC
Office & P.O. Address
76
125 Broad Street, Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
To:
SACKS AND SACKS, ESQS
Attorneys for Plaintiff
150 Broadway, 4th Floor
New York, NY 10038
212 964-5570
FABIANI COHEN & HALL LLP
for Plaintiff
Attorney Defcñdant/Third-Party
PLAZA CONSTRUCTION CORP
570 Lexington Avenue, 4th Floor
New York, NY 10022
212-644-4420
JONES HIRSCH CONNORS MILLER & BULL, P.C.
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019
AFFIRMATION OF VERIFICATION
Nikolaos E. Diam:mtis hereby
affirms under the
penalty of perjury,
2106, that he is an attorney
admitted to practice in the courts of this state and tha
with the Law Offices of Charles J. the for the de
Siegel, attorney third-party
INDUSTRIES INC., in the within action; that the
foregoing verified answer
knowicdge, except as to matter therein stated to be upon information and belie
those matters he believes it to be true.
That this ANSWER is affirmed by your affirmant and not by the defen
upon inforrnadan and belief is an individual not within the
defendant, county
Offices of Charles J. Siegel, has his offices, at the time this verification is
source of affirmant's information and the grounds for his belief are the records
investigation kept in the offices of the said for the -hfand==± in con
attorney
action and the accident out of which said action arises.
Dated: New York, New York
September 12, 2014
BY: Nikolaos E. D
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 09/12/2014
07/18/2019 04:10
04:15 PM|
PM INDEX NO. 158327
INDEX NO. /2013
158327/2013
(FILED
:
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 14
291 RECEIVED NYSCEF: 09/12/2014
RECEIVED NYSCEF: 07/18/2019
A F F I D A V I T O F S E R V I C E
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss.:
LISETTE VALENTIN, being duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years of age and resides in
Jersey City, New Jersey;
That she is a clerk in the Law Office of CHARLES J. SIEGEL, e attorneys for the
third-party defendant, BARING INDUSTRIES, INC. herein, that on the ay of September,
2014, she served the within Verified Answer, Demand for Bill of Particülars, Third-Party
Demand for Bill of Particulars, Third-Party Demand for Notice for Discovery and
Inspection, Cn=½=d Demands, Demand for Physical Fsominations, Demand for
Medicare/Medicaid Disclosure, Demand for Medical Billing Disclosure and Notice for
Ex:-isation Before Trial upon the undersigned attorneys by electronically mailing a copy
directed to them at the email address shown, heretofore designated by them for that purpose:
SACKS AND SACKS, ESQS
Attorneys for Plaintiff,
150 Broadway, 4th Floor
New York, NY 10038
FABIANI COHEN & HALL LLP
Attorneys for Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION CORP.
570 Lexington Avenue, 4th Floor
New York, NY 10022
Jones Hirsch Connors Miller & Bull, P.C.
Attorney(s) for Defendant
NYY STEAK MANHATTAN, LLC
One Battery Park Plaza
New York, NY 10004
LISETTE VALENTIN
Swo to before me this /)
t ay o '§eptember, 2014
York
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------X
KEVIN McGONIGAL, Index No.: 158327/2013
Plaintiff,
-against-
NYY STEAK MANHATTAN, LLC, PREF
7 WEST 51ST STREET LLC AND PLAZA CONSTRUCTION,
Defendants.
-----------------------------------------------------------X
PLAZA CONSTRUCTION CORP., Third-Party Index No.: 595146/2014
Third-Party Plaintiff,
-against-
BARING INDUSTRIES, INC.,
Third-Party Defendant.
-----------------------------------------------------------X
==============================================
Verified Answer, Demand for Bill of Particulars, Third-Party Demand for Bill of
Particulars, Third-Party Demand for Notice for Discovery and Inspection, Combined
Demands, Demand for Physical Examinations, Demand for Medicare/Medicaid Disclosure,
Demand for Medical Billing Disclosure and Notice for Examination Before Trial
LAW OFFICE OF CHARLES J. SIEGEL
Attorney for Third-Party Defendant
BARING INDUSTRIES, INC.
- 7*
125 Broad Street Floor
New York, N.Y. 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
____________________________________________________________________
TO:
Service of a copy of the within is hereby admitted:
DATED:
Attorney(s) for Plaintiff
Yours, etc.,
LAW OFFICE OF CHARLES J SIEGEL
Preview
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019 "D" EXHIBIT "D" EXHIBIT FILED:: NEW (FILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2019 09/12/2014 04:15 04 : 10 PM INDEX INDEX NO. NO. 158327/2013 158327/2013 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 291 13 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/12/2014 07/18/2019 1141413662 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------X Index No. 158327/13 KEVIN McGONIGAL, Plaintiff, ANSWER TO THIRD- PARTY COMPLAINT -against- NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51ST STREET LLC AND PLAZA CONSTRUCTION, Defendants. -----------------------------------------------------------X PLAZA CONSTRUCTION CORP., Third-Party Plaintiff, -against- BARING INDUSTRIES, INC., Third-Party Defendant. -----------------------------------------------------------X Third-Party Defendant, BARING INDUSTRIES, INC., by and through their attorneys, the Law Offices of Charles J. Siegel, answering the third-party complaint of the plaintiff herein, alleges upon information and belief: FIRST: Denies any knowledge or information sufficient to form a belief as to "6" "7" paragraphs designated "1", "5", and of the third-party complaint. "2" SECOND: Deny paragraph designated of the third-party complaint, except admit third-party defendant BARING INDUSTRIES, INC., is a foreign business corporation authorized to do business in the State of New York. FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019 THIRD: Denies any knowledge or information sufficient to form a belief as to "3" "4" paragraphs designated and of the third-party complaint and refers to the contract for its terms. "8" FOURTH: Deny paragraphs designated of the third-party complaint and refers all questions of law to the Court at the time of trial. AS AND FOR A FIRST CAUSE OF ACTION AGAINST BARING FIFTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in "1" "8" paragraphs through of the third-party complaint. SIXTH: Denies any knowledge or information sufficient to form a belief as to "10" "11" paragraphs designated and of the third-party complaint and refers to the contract for its terms. SEVENTH: Deny any knowledge or information sufficient to form a belief as to "12" paragraph designated of the third-party complaint. "14" "15" EIGHTH: Denies paragraphs designated "13", and of the third-party complaint and refers all questions of law to the Court at the time of trial. "16" NINTH: Deny paragraph designated of the third-party complaint. AS AND FOR A SECOND CAUSE OF ACTION AGAINST BARING TENTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in "1" "16" paragraphs through of the third-party complaint. "18" ELEVENTH: Deny paragraph designated of the third-party complaint and refers all questions of law to the Court at the time of trial. FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019 "19" TWELFTH: Deny paragraph designated of the third-party complaint. AS AND FOR A THIRD CAUSE OF ACTION AGAINST BARING THIRTEENTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in "1" "19" paragraphs through of the third-party complaint. "21" FOURTEENTH: Deny paragraph designated of the third-party complaint and refers all questions of law to the Court at the time of trial. "22" FIFTEENTH: Deny paragraph designed of the third-party complaint. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST BARING SIXTEENTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in "1" "22" paragraphs through of the third-party complaint. SEVENTEENTH: Deny any knowledge or information sufficient to form a belief as "24" to paragraph designated of the third-party complaint and refers to the contract for its terms. EIGHTEENTH: Deny any knowledge or information sufficient to form a belief as "25" to paragraph designated of the third-party complaint. "26" "27" NINTEENTH: Denies paragraphs designated and of the third-party complaint. TWENTIETH: Except where specifically admitted, the third-party defendant BARING INDUSTRIES INC., denies all other allegations contained in the third-party complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care, or rehabilitative services, FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019 loss of earnings, or other economic loss, has been or will, with reasonable certainty, be placed or indemnified in whole or in part from collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. If any damages are recoverable against said defendant(s), the amount of such damages shall be diminished by the amount of the funds which plaintiff(s) has or shall receive from such collateral source. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: In the event that the plaintiff recovers any judgment against this third-party defendant, then this third-party defendant demands that any such judgment be diminished in accordance with Article 16 of the CPLR and more particularly Section 1601 thereof. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: If the plaintiff, KEVIN McGONIGAL, sustained damages as alleged, such damages occurred while plaintiff was engaged in an activity into which he entered, knowing the hazard, risk and danger of the activity and he assumed the risks incidental to and attending the activity. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: That the third-party complaint fails to state a cause of action. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: The plaintiff has failed to mitigate damages. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: Third-Party Defendant, BARING INDUSTRIES, INC. pursuant to Section 1412 of the CPLR, alleges on information and belief, that if plaintiff sustained any injuries or damages at the time and place alleged in his third-party complaint, such injuries or damages were the result of the culpable conduct of the plaintiff or because of the plaintiffs negligence and assumption of risk. Should it be found however, that the answering defendant is liable to the plaintiff herein, any liability being specifically denied, then the answering defendant alleges that if any damages are found, they are to be apportioned among the plaintiff and defendants according to the degree FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019 of responsibility that each is found to have in the occurrence, in proportion to the entire measure of responsibility for the occurrence. AS AND FOR A COUNTER-CLAIM AGAINST THE THIRD-PARTY PLAINTIFF PLAZA CONSTRUCTION CORP., THE THIRD-PARTY DEFENDANT, BARING INDUSTRIES INC. ALLEGES, UPON INFORMATION AND BELIEF, PURSUANT TO CPLR 3019 (b): That if the third-party plaintiff PLAZA CONSTRUCTION CORP. sustained the damages alleged in the complaint through any negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement other than his own, such damages were caused by and resulted from the negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement of the above-named third-party plaintiff PLAZA CONSTRUCTION CORP. That if the plaintiff third-party plaintiff PLAZA CONSTRUCTION CORP. recovers a verdict against the answering third-party defendant for the damages alleged in the complaint, such liability will have been caused by the negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement of the above-named third-party plaintiff PLAZA CONSTRUCTION CORP. That by reason of the foregoing, if any verdict or judgment is rendered in favor of the third-party plaintiff PLAZA CONSTRUCTION CORP. against the answering third-party defendant, then the above named third-party plaintiff PLAZA CONSTRUCTION CORP. will be liable to the answering third-party defendant, in whole or in part, for said verdict and for costs and expenses incurred by the said answering third-party defendant(s) in the defense of this action. WHEREFORE, the answering third-party defendant BARING INDUSTRIES, INC. demands judgment dismissing the complaint herein and further demands judgment over and against the third-party plaintiff PLAZA CONSTRUCTION CORP. hereinbefore named, in whole or in part, for any verdict or judgment rendered against the answering third-party FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019 together with the costs and disburw-te of this action and the attorney defendant, expenses incurred herein. Dated: New York, New York September 12, 2014 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Third-Party Defendant BARING INDUSTRIES INC Office & P.O. Address 76 125 Broad Street, Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis To: SACKS AND SACKS, ESQS Attorneys for Plaintiff 150 Broadway, 4th Floor New York, NY 10038 212 964-5570 FABIANI COHEN & HALL LLP for Plaintiff Attorney Defcñdant/Third-Party PLAZA CONSTRUCTION CORP 570 Lexington Avenue, 4th Floor New York, NY 10022 212-644-4420 JONES HIRSCH CONNORS MILLER & BULL, P.C. FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019 AFFIRMATION OF VERIFICATION Nikolaos E. Diam:mtis hereby affirms under the penalty of perjury, 2106, that he is an attorney admitted to practice in the courts of this state and tha with the Law Offices of Charles J. the for the de Siegel, attorney third-party INDUSTRIES INC., in the within action; that the foregoing verified answer knowicdge, except as to matter therein stated to be upon information and belie those matters he believes it to be true. That this ANSWER is affirmed by your affirmant and not by the defen upon inforrnadan and belief is an individual not within the defendant, county Offices of Charles J. Siegel, has his offices, at the time this verification is source of affirmant's information and the grounds for his belief are the records investigation kept in the offices of the said for the -hfand==± in con attorney action and the accident out of which said action arises. Dated: New York, New York September 12, 2014 BY: Nikolaos E. D FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 09/12/2014 07/18/2019 04:10 04:15 PM| PM INDEX NO. 158327 INDEX NO. /2013 158327/2013 (FILED : NYSCEF DOC. NYSCEF DOC. NO. NO. 14 291 RECEIVED NYSCEF: 09/12/2014 RECEIVED NYSCEF: 07/18/2019 A F F I D A V I T O F S E R V I C E STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss.: LISETTE VALENTIN, being duly sworn, deposes and says: That deponent is not a party to this action, is over 18 years of age and resides in Jersey City, New Jersey; That she is a clerk in the Law Office of CHARLES J. SIEGEL, e attorneys for the third-party defendant, BARING INDUSTRIES, INC. herein, that on the ay of September, 2014, she served the within Verified Answer, Demand for Bill of Particülars, Third-Party Demand for Bill of Particulars, Third-Party Demand for Notice for Discovery and Inspection, Cn=½=d Demands, Demand for Physical Fsominations, Demand for Medicare/Medicaid Disclosure, Demand for Medical Billing Disclosure and Notice for Ex:-isation Before Trial upon the undersigned attorneys by electronically mailing a copy directed to them at the email address shown, heretofore designated by them for that purpose: SACKS AND SACKS, ESQS Attorneys for Plaintiff, 150 Broadway, 4th Floor New York, NY 10038 FABIANI COHEN & HALL LLP Attorneys for Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION CORP. 570 Lexington Avenue, 4th Floor New York, NY 10022 Jones Hirsch Connors Miller & Bull, P.C. Attorney(s) for Defendant NYY STEAK MANHATTAN, LLC One Battery Park Plaza New York, NY 10004 LISETTE VALENTIN Swo to before me this /) t ay o '§eptember, 2014 York FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 291 RECEIVED NYSCEF: 07/18/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------X KEVIN McGONIGAL, Index No.: 158327/2013 Plaintiff, -against- NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51ST STREET LLC AND PLAZA CONSTRUCTION, Defendants. -----------------------------------------------------------X PLAZA CONSTRUCTION CORP., Third-Party Index No.: 595146/2014 Third-Party Plaintiff, -against- BARING INDUSTRIES, INC., Third-Party Defendant. -----------------------------------------------------------X ============================================== Verified Answer, Demand for Bill of Particulars, Third-Party Demand for Bill of Particulars, Third-Party Demand for Notice for Discovery and Inspection, Combined Demands, Demand for Physical Examinations, Demand for Medicare/Medicaid Disclosure, Demand for Medical Billing Disclosure and Notice for Examination Before Trial LAW OFFICE OF CHARLES J. SIEGEL Attorney for Third-Party Defendant BARING INDUSTRIES, INC. - 7* 125 Broad Street Floor New York, N.Y. 10004 (212) 440-2350 By: Nikolaos E. Diamantis ____________________________________________________________________ TO: Service of a copy of the within is hereby admitted: DATED: Attorney(s) for Plaintiff Yours, etc., LAW OFFICE OF CHARLES J SIEGEL