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FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 447 RECEIVED NYSCEF: 09/17/2019
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FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 447 RECEIVED
INDEX NYSCEF:
NO. 09/17/2019
158327/2013
F ILED : NEW YORK _COUNTY CLER_K__0.7_/22/2019 10 : 3 5 PM
(FMEBP RECEINEDL1WECBE830'7./20y32019
WEW4Y6RK COUNTY CLERK 07 / 0 6 72 016 11: 0 8
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 07/06/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--- ----------------------------------------X Index No. 158327/13
KEVIN McGONIGAL,
Plaintiff,
RESPONE TO
-against- COMBINED
DEMANDS
NYY STEAK MANHATTAN, LLC,
PLAZA CONSTRUCTION CORP. and
BARING INDUSTRIES, INC.
Defendants.
----....--....-.-...-- ----.-..-----X
PLAZA CONSTRUCTION CORP.,
Third-Party Plaintiff, Third-Party Index No.:
595146/2014
-against-
BARING INDUSTRES, INC.,
Third-Party Defendant.
-..------------------ - ------ -X
BARING INDUSTRES, INC.,
Second-Third-Party Plaintiff,
Second-Third-Party
-against- Index No.: 595130/2015
DAY & NITE REFRIGERATION CORP. and KIMCO
REFRIGERATION CORP.
Second-Third-Party Defendants.
-...-------..--..---..----.---------..-X
NYY STEAK MANHATTAN LLC, & PLAZA
CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION
CORP.,
Third-Third-Party Plaintiff,
-against-
B&G ELECTRICAL CONTRACTORS, ESS & VEE
ACOUSTICAL CONTRACTORS, INC. and
BARING INDUSTRES, INC.,
Third-Third-Party Defendants.
.....-----..------..-------.....--------X
Defedsñt/second third plaintiff BARING INDUSTRES, INC., by and through its
party
The Law Offices of Charles J. Siegel and in response to Third Third-Party Defendant
attorneys,
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IF I LED:_REW.YORK COUNTY CLERK 07/22/2019 10:3 5 PMI
seBP Ð00r NOn- 36-7 -- RECEI NYSDEE:-01/12/2019
B&G Electrical Contractors demands dated October 27, 2015, in response to Third Third-Party
Defendant Ess & Vee Acoüstical Contractors, Inc. combined demaads dated November 3, 2015,
and in compliance with Court order dated May 21, 2016, respectfully disclose upon information
and belief:
DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
Defedst/second third party plaintiff has not identified any witñcases at this time. When
such identiñcations are made, disclosures pursuant to CPLR § 3101(a) and all court rules will be
exchanged under separate cover. Third-party defendant/second third party plaintiff reserves its
rights to incorporate by reference all witnesses identified by other parties and as well as any and
all witnesses discovered and/or identified through document production.
DEMAD FOR EXPERT WITNESS INFORMATION
Defendañt/second third party plaintiff has not identified any expert witnesses at this time.
If and when such identifications are made, disclosures pursuant to CPLR § 3101(d) will be
exchanged under separate cover.
DEMAND FOR PARTY STATEMENTS
Defendant/second third party plaintiff is not in passession of any c+atements of any
adverse parties.
DEMAND FOR PHOTOGRAPHS, VIDEOTAPES, SLIDE, ETC.
Defcndst/second third party plaintiff is not in possessicn of any video, surveillance, film
or photographs of the date of loss.
DEMAND FOR INSURANCE INFORMATION
A true and correct copy of answering Defendant/second third party plaintiff's policy and
excess policy with National Fire Insurañce of Hartford is attaclied hereto as Exhibit "A".
2 of 5
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NEW447YORK RECEIVED NYSCEF: 09/17/2019
COUNTY CLERK 07/22/2019 10:35 PM) INDEX NO. 158327/2013
arlsciEliod so.. Itt .CC ±2ffl. .. - ...aEcrikED NŸSCER 05222 2 019
PLEASE TAKE FURTHER NOTE, that the responding Defendant/second third party
plaintiff, reserves the right to alter, amend or supplement this response at any time, up to and
including trial.
Dated: New York, New York
July 6, 2016
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for Third-Party Defendant
BARING INDUSTRIES INC
Office & P.O. Address
7th
125 Broad Street, PlOOr
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
Attorney for
Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION CORP.
And Defendant
NYY STEAK MANHATTAN LLC
570 Lexington Avenue, 4th Floor
New York, NY 10022
212-644-4420
M1LBER MAKRIS PLOUSADIS & SEIDEN LLP
Attorneys for Second Third-Party Defendants
DAY & NITE REFRIGERATION CORP. and K.I.M. CO. REGRIGERATION CORP.
s/h/a KIMCO REFRIGERATION CORP.
1000 Woodbury Road, Suite 402
Woodbury, NY 11797
(516) 712-4000
3 of 5
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FILED: NEW YORK COUNTY CLERK 07/22/2 019 10 :35 PM|
KAUFMAN, BORGEEST & RYAN
Attorneys for Third Third-Party Defendant
B&G ELECTRICAL CONTRACTORS
1"
200 Summit Lake Drive, Floor
Valhalla, NY 10595
914-449-1000; 914-449-1100-fax
SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Third Third-Party Defendant
ESS & VEE ACOUSTICAL CONTRACTORS, INC.
111 John Street
New York, NY 10038
(212) 964-7400
4 of 5
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NYSCEF--DOC -NO,. 36 . ... .___. .
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
And second-third party actions
RESPONSE TO COMBINED DEMANDS
LAW OFFICE OF CHARLES J. SIEGEL
Attorney for Third-Party Defendant
BARING INDUSTRIES, INC.
125 Broad Street - 7* Floor
New York, N.Y. 10004
(212) 440-2350
By:
Nikciaos 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
5 of S
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. RECEM§h .CREú 2 019
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NYSCEF DOC, NO. 159 RECEIVED NYSCEF: 07/06/2016
EXHIBIT A
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IFILED: NEW YORK COUNTY CLERK 07/22/2019 10 : 35 PM)
N SCEF 22/2019
COMMON POLICY DECLARATIONS
CNA
POLICY NUMBER C 2092169725
NAMED INSURED J F DUNCAN INDUSTRIES, INC. (SEE ENDT)
MAILING ADDRESS 9301 STEWART & GRAY ROAD
DOWNEY, CA 90241
PRODUCER NAME SULLIVANCURTISMONROE INS SVCS, LLC
MAILING ADDRESS 1920 MAIN STREET, ST
PO BOX 19763 (92623)
IRVINE, CA 92614
POLICY PERIOD FROM 01/15/2013 TO 01/15/2014 AT 12:01 A.M.
STANDARD TIME AT YOUR MAILING ADDRESS SROWN
ABOVE.
IN RETURN POR THE PAYMENT OF THE PREMIDM, AND SUBJECT TO ALL THE TERMS OF THIS POLICI,
WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WEICH A PREMIUM IS INDICATED.
THIS PREMIUM MAY BB SUBJECT TO ADJUSTMENT.
COVERAGE PART PREMIUM •
COMMERCIAL PROPERTY COVERAGE
comiERCIAL GENERAL LIABILITY COVERAGE
COMMERCIAL CRIME COVERAGE
COMMERCIAL INLAND MARINE COVERAGE
COMMERCIAL BOILER & MACHINERY COVERAGE
COMMERCIAL TECHNOLMY ERRORS & OMISSIONS COVERAGE
TOTAL POLICY PREMIUM
* INC' Tif TDES APPLICABLE STATES TAXES AND SURCHARGES (IF ANY)
(REFER TO INDIVIDUAL DECLARATIONS FOR FURTHER INFORMATION]
INSURED
FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 447 RECEIVED NYSCEF: 09/17/2019
INDEX NO. 158327/2013
[FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PT
..NYŠCÉÈ DOC... 0.. 3.61.... .... . . . . .... .. ... RECEIVED.·NYSCE 03/22/2019
CNA
F ORM S APPI, LE TO VERAG AR
REFER TO INDIVIDUALDECLARATIONS
Countersignature
Secret
Chairman
of theBoard
G-138915-A (Ed. 07/00)
INSURED
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[FTT.RDr hTRW YORK ('OTTNTY CT.ERK 07/22/2019 10 : 35 PML
.NYSCE DOCrNO 367 -- - -1-1RECEÈVED...NTSDEF207Â2/2.0 9
CWA
Package Policy with Property Advance
Renewal Declaration
POLICY NOMBER COVERAGE PROVIDED BY PROM - POLICY PERIOD - TO
C 2092169725 NATIONAL FIRE INSURANCE OF HARTFORD 01/15/2013 01/15/2014
333 S. WABASH
CHICAGO, IL. 60604
INSURED NAME AND ADDRESS
J F DUNCAN INDUSTRIES, INC. (SEE ENDT)
9301 STEWART & GRAY ROAD
DOWNEY, CA 90241
REFER TO ADDITIONAL NAMED INSUREDS SCHEDULE
AGENCY NUMBER AGENCY NAME AND ADDRESS
075775 SULLIVANCURTISMONROE INS SVCS, LLC
1920 MAIN STREET, ST
PO BOX 19763 (92623)
IRVINE, CA 92614
Phone Number: (949)250-7172
BRANCH NUMBER BRANCE NAME AND ADDRESS
240 WOODLAND HILLS
TRILLIUM WEST TOWERS
6300 CANOCA AVE., STE. 1150W
WOODLAND HILLS, CA 91367
Phone Number: (B00)262-8714
This policy becomes effective and expires at 12:01 A.M. standard time at your mailing
address on the dates shown above.
The Named Insured is a Corporation.
Your policy is campcsed of this Declarations, with the attached Common Policy Conditions ,
Coverage Forms, and Endorsements, if any. The Policy Forms and Endorsement Schedule shows
all forms applicable to this policy at the time of policy issuance.
The Estimated Policy Premium Is
1555
Florida Hurricane Catastrophe Fund Surcharge
Florida Insurance Surcharge
Florida 2005 CPIC Emergency Surcharge
New Jersey Surcharge
Eliiiiii Total Policy Charges
iiiii
Your Premium includes the following amount for
Certified Acts of Terrorism Coverage
INSURED Page 1 of 9
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FILED; NEW YORK COUNTY CLERK 07/22/2019 10:35 PML___
NYSGE 6ÖÓ NÓ 3 A ÈÈ È ÊÈ 0 /22/2019
POLICY NUMBER INSURED NAME AND ADDRESS
C 2092169725 J F DUNCAN INDUSTRIES, INC. (SEE ENDT)
9301 STEWART & GRAY ROAD
DOWNEY, CA 90241
Audit Period is Annual
In return for the payment of the premium, and subject to all the terms and conditions
contained here-in, we agree to provide the insurance as stated.
LIMITS OF INSURANCE
DESCRIPTION LIMIT
Each Occurrence $1,000,000
Personal & Advertising Injury $1,000,000
Medical Expense - Any One Person $5,000
Damage To Premises Rented To You Limit $100,000
Products/Completed Operations Aggregate $2,000,000
General Aggregate $2,000,000
Employee Benefits Liability Coverage
Each Employee $1,000,000
Aggregate $1,000,000
SCHEDUI,E OF LOCATIONS AND COVERAGES
PRENIUM ESTIMATED
COVERAGE/EAZARD DESCRIPTION EXPGo-URE BASIS RATE PRENIUM
POLICY LEVEL COVERAGES
Employee Benefits Liability 100 Each INCL $
Employee
Deductible Each Employee $1,000
Manufacturers General Liability Extension (SL) 2%
General Contractors Blanket Additional Insured (SL) 24%
Location 1
9301 STEWART & GARY ROAD
DOWNEY, CA 90241
Class Code 12467
Fixtures or Supplies - for bars,
Equipment,
restaurants or stores -
hotels, offices,
Distributors
Premises & Operations 20 ,000,000 (S) .296
Products & Completed Operations 20,000,000 (S) .309
INSURED Page 2 of 9
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IFILED:t.NEW YORK COUNTY CLERK 07/22/2019 10:35 PM|
POLICY NUMBER INSURED NAME AND ADDRESS
C 2092169725 J F DUNCAN INDUSTRIES, INC. (SEE BNDT)
9301 STEWART & GRAY ROAD
DOWNEY, CA 90241
::::::::::::::::::·:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::-:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::·::::::::
SCHEDULE OF LOCATIONS AND COVERAGES
Class Code 41677
Consultants - not otherwise classified
Premises & Operations 200,000 (P) .323
Class Code 44444
G300416A Additional Insured Completed Operations
Products & Completed Operations IF ANY () .438
Additional Insured FLAT CHARGE
Class Code 44444
G300415A ADDITIONAL INSURED SCHEDULED PERSON OR
ORGANIZATION
Premises & Operations IF ANY () .438
Additional Insured FLAT CHARGE
Class Code 44444
G300415A ADDITIONAL INSURED SCHEDULED PERSON OR
ORGANIZATION
Premises & Operations IF ANY () .438
Additional Insured FLAT CHARGE
Class code 58922
Sheet Metal Work - shop only
Premises & Operations 3,700,000 (S) .477
Products & Completed Operations 3,700,000 (s) .467
Class Code 91585
Contractors - subcontracted work - in connection
with construction, reconstruction, repair or
erection of buildings - not otherwise classified
Premises & Operations 1,400,000 (C) 1.768
Products & Completed Operations 1,400 ,000 (C) 1.475
LOCATION SUB-TOTAL
Location 2
13980 WEST BOWLES AVENUE
STE 100
LITTLETON, CO 80127
INSURED Page 3 of 9
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NYSGEF ÙÔÒÊ È S È 22/201Ö
POLICY NUMBER INSURED NAME AND ADDRESS
C 2092169725 J F DUNCAN INDUSTRIES, INC. (SEE ENDT)
9301 STEWART & GRAY ROAD
DOWNEY, CA 90241
SCHEDULE OF LOCATIONS AND COVERAGES
Class code 61224
Buildings or Premises - office - premises occupied
by employees of the insured, other than not for
profit
Premises & Operations 5,000 (A) 23 .904
LOCATION BUB-TOTAL
Location 3
3039 KILGORE RD.
RANCHO CORDOVA, CA 95620
class Code 61224
Buildings or Premises - office - premises occupied
by employees of the insured, other than not for
profit
Premises & Operations 900 (A) 31.934
LOCATION SUB-TOTAL
Location 4
847 PHELAND CT
MILPITAS , CA 95035
Class code 61224
Buildings or Premises - o
Preview
FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED NYSCEF: 09/17/2019 Exhi it I h -- ..| FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED INDEX NYSCEF: NO. 09/17/2019 158327/2013 F ILED : NEW YORK _COUNTY CLER_K__0.7_/22/2019 10 : 3 5 PM (FMEBP RECEINEDL1WECBE830'7./20y32019 WEW4Y6RK COUNTY CLERK 07 / 0 6 72 016 11: 0 8 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 07/06/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --- ----------------------------------------X Index No. 158327/13 KEVIN McGONIGAL, Plaintiff, RESPONE TO -against- COMBINED DEMANDS NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION CORP. and BARING INDUSTRIES, INC. Defendants. ----....--....-.-...-- ----.-..-----X PLAZA CONSTRUCTION CORP., Third-Party Plaintiff, Third-Party Index No.: 595146/2014 -against- BARING INDUSTRES, INC., Third-Party Defendant. -..------------------ - ------ -X BARING INDUSTRES, INC., Second-Third-Party Plaintiff, Second-Third-Party -against- Index No.: 595130/2015 DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP. Second-Third-Party Defendants. -...-------..--..---..----.---------..-X NYY STEAK MANHATTAN LLC, & PLAZA CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION CORP., Third-Third-Party Plaintiff, -against- B&G ELECTRICAL CONTRACTORS, ESS & VEE ACOUSTICAL CONTRACTORS, INC. and BARING INDUSTRES, INC., Third-Third-Party Defendants. .....-----..------..-------.....--------X Defedsñt/second third plaintiff BARING INDUSTRES, INC., by and through its party The Law Offices of Charles J. Siegel and in response to Third Third-Party Defendant attorneys, 1 of 5 FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED INDEX NYSCEF: NO. 09/17/2019 158327/2013 IF I LED:_REW.YORK COUNTY CLERK 07/22/2019 10:3 5 PMI seBP Ð00r NOn- 36-7 -- RECEI NYSDEE:-01/12/2019 B&G Electrical Contractors demands dated October 27, 2015, in response to Third Third-Party Defendant Ess & Vee Acoüstical Contractors, Inc. combined demaads dated November 3, 2015, and in compliance with Court order dated May 21, 2016, respectfully disclose upon information and belief: DEMAND FOR NAMES AND ADDRESSES OF WITNESSES Defedst/second third party plaintiff has not identified any witñcases at this time. When such identiñcations are made, disclosures pursuant to CPLR § 3101(a) and all court rules will be exchanged under separate cover. Third-party defendant/second third party plaintiff reserves its rights to incorporate by reference all witnesses identified by other parties and as well as any and all witnesses discovered and/or identified through document production. DEMAD FOR EXPERT WITNESS INFORMATION Defendañt/second third party plaintiff has not identified any expert witnesses at this time. If and when such identifications are made, disclosures pursuant to CPLR § 3101(d) will be exchanged under separate cover. DEMAND FOR PARTY STATEMENTS Defendant/second third party plaintiff is not in passession of any c+atements of any adverse parties. DEMAND FOR PHOTOGRAPHS, VIDEOTAPES, SLIDE, ETC. Defcndst/second third party plaintiff is not in possessicn of any video, surveillance, film or photographs of the date of loss. DEMAND FOR INSURANCE INFORMATION A true and correct copy of answering Defendant/second third party plaintiff's policy and excess policy with National Fire Insurañce of Hartford is attaclied hereto as Exhibit "A". 2 of 5 FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF FILEDDOC.: NO. NEW447YORK RECEIVED NYSCEF: 09/17/2019 COUNTY CLERK 07/22/2019 10:35 PM) INDEX NO. 158327/2013 arlsciEliod so.. Itt .CC ±2ffl. .. - ...aEcrikED NŸSCER 05222 2 019 PLEASE TAKE FURTHER NOTE, that the responding Defendant/second third party plaintiff, reserves the right to alter, amend or supplement this response at any time, up to and including trial. Dated: New York, New York July 6, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Third-Party Defendant BARING INDUSTRIES INC Office & P.O. Address 7th 125 Broad Street, PlOOr 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 Attorney for Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION CORP. And Defendant NYY STEAK MANHATTAN LLC 570 Lexington Avenue, 4th Floor New York, NY 10022 212-644-4420 M1LBER MAKRIS PLOUSADIS & SEIDEN LLP Attorneys for Second Third-Party Defendants DAY & NITE REFRIGERATION CORP. and K.I.M. CO. REGRIGERATION CORP. s/h/a KIMCO REFRIGERATION CORP. 1000 Woodbury Road, Suite 402 Woodbury, NY 11797 (516) 712-4000 3 of 5 FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED NYSCEF: 09/17/2019 INDEX NO. 158327/2013 FILED: NEW YORK COUNTY CLERK 07/22/2 019 10 :35 PM| KAUFMAN, BORGEEST & RYAN Attorneys for Third Third-Party Defendant B&G ELECTRICAL CONTRACTORS 1" 200 Summit Lake Drive, Floor Valhalla, NY 10595 914-449-1000; 914-449-1100-fax SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Third Third-Party Defendant ESS & VEE ACOUSTICAL CONTRACTORS, INC. 111 John Street New York, NY 10038 (212) 964-7400 4 of 5 FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED INDEX NYSCEF: NO. 09/17/2019 158327/2013 NYSCEF--DOC -NO,. 36 . ... .___. . 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 And second-third party actions RESPONSE TO COMBINED DEMANDS LAW OFFICE OF CHARLES J. SIEGEL Attorney for Third-Party Defendant BARING INDUSTRIES, INC. 125 Broad Street - 7* Floor New York, N.Y. 10004 (212) 440-2350 By: Nikciaos 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 5 of S FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED INDEX NYSCEF: NO. 09/17/2019 158327/2013 IFILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 P1vM| . RECEM§h .CREú 2 019 1 W RK COUNTY CLERK 07/06/2016_11:08 AN NYSCEF DOC, NO. 159 RECEIVED NYSCEF: 07/06/2016 EXHIBIT A FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED . INDEX NYSCEF: NO. 09/17/2019 158327/2013 IFILED: NEW YORK COUNTY CLERK 07/22/2019 10 : 35 PM) N SCEF 22/2019 COMMON POLICY DECLARATIONS CNA POLICY NUMBER C 2092169725 NAMED INSURED J F DUNCAN INDUSTRIES, INC. (SEE ENDT) MAILING ADDRESS 9301 STEWART & GRAY ROAD DOWNEY, CA 90241 PRODUCER NAME SULLIVANCURTISMONROE INS SVCS, LLC MAILING ADDRESS 1920 MAIN STREET, ST PO BOX 19763 (92623) IRVINE, CA 92614 POLICY PERIOD FROM 01/15/2013 TO 01/15/2014 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SROWN ABOVE. IN RETURN POR THE PAYMENT OF THE PREMIDM, AND SUBJECT TO ALL THE TERMS OF THIS POLICI, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WEICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BB SUBJECT TO ADJUSTMENT. COVERAGE PART PREMIUM • COMMERCIAL PROPERTY COVERAGE comiERCIAL GENERAL LIABILITY COVERAGE COMMERCIAL CRIME COVERAGE COMMERCIAL INLAND MARINE COVERAGE COMMERCIAL BOILER & MACHINERY COVERAGE COMMERCIAL TECHNOLMY ERRORS & OMISSIONS COVERAGE TOTAL POLICY PREMIUM * INC' Tif TDES APPLICABLE STATES TAXES AND SURCHARGES (IF ANY) (REFER TO INDIVIDUAL DECLARATIONS FOR FURTHER INFORMATION] INSURED FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED NYSCEF: 09/17/2019 INDEX NO. 158327/2013 [FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PT ..NYŠCÉÈ DOC... 0.. 3.61.... .... . . . . .... .. ... RECEIVED.·NYSCE 03/22/2019 CNA F ORM S APPI, LE TO VERAG AR REFER TO INDIVIDUALDECLARATIONS Countersignature Secret Chairman of theBoard G-138915-A (Ed. 07/00) INSURED FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED INDEX NYSCEF: NO. 09/17/2019 158327/2013 [FTT.RDr hTRW YORK ('OTTNTY CT.ERK 07/22/2019 10 : 35 PML .NYSCE DOCrNO 367 -- - -1-1RECEÈVED...NTSDEF207Â2/2.0 9 CWA Package Policy with Property Advance Renewal Declaration POLICY NOMBER COVERAGE PROVIDED BY PROM - POLICY PERIOD - TO C 2092169725 NATIONAL FIRE INSURANCE OF HARTFORD 01/15/2013 01/15/2014 333 S. WABASH CHICAGO, IL. 60604 INSURED NAME AND ADDRESS J F DUNCAN INDUSTRIES, INC. (SEE ENDT) 9301 STEWART & GRAY ROAD DOWNEY, CA 90241 REFER TO ADDITIONAL NAMED INSUREDS SCHEDULE AGENCY NUMBER AGENCY NAME AND ADDRESS 075775 SULLIVANCURTISMONROE INS SVCS, LLC 1920 MAIN STREET, ST PO BOX 19763 (92623) IRVINE, CA 92614 Phone Number: (949)250-7172 BRANCH NUMBER BRANCE NAME AND ADDRESS 240 WOODLAND HILLS TRILLIUM WEST TOWERS 6300 CANOCA AVE., STE. 1150W WOODLAND HILLS, CA 91367 Phone Number: (B00)262-8714 This policy becomes effective and expires at 12:01 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Corporation. Your policy is campcsed of this Declarations, with the attached Common Policy Conditions , Coverage Forms, and Endorsements, if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. The Estimated Policy Premium Is 1555 Florida Hurricane Catastrophe Fund Surcharge Florida Insurance Surcharge Florida 2005 CPIC Emergency Surcharge New Jersey Surcharge Eliiiiii Total Policy Charges iiiii Your Premium includes the following amount for Certified Acts of Terrorism Coverage INSURED Page 1 of 9 FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED NYSCEF: 09/17/2019 INDEX NO. 158327/2013 FILED; NEW YORK COUNTY CLERK 07/22/2019 10:35 PML___ NYSGE 6ÖÓ NÓ 3 A ÈÈ È ÊÈ 0 /22/2019 POLICY NUMBER INSURED NAME AND ADDRESS C 2092169725 J F DUNCAN INDUSTRIES, INC. (SEE ENDT) 9301 STEWART & GRAY ROAD DOWNEY, CA 90241 Audit Period is Annual In return for the payment of the premium, and subject to all the terms and conditions contained here-in, we agree to provide the insurance as stated. LIMITS OF INSURANCE DESCRIPTION LIMIT Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 Medical Expense - Any One Person $5,000 Damage To Premises Rented To You Limit $100,000 Products/Completed Operations Aggregate $2,000,000 General Aggregate $2,000,000 Employee Benefits Liability Coverage Each Employee $1,000,000 Aggregate $1,000,000 SCHEDUI,E OF LOCATIONS AND COVERAGES PRENIUM ESTIMATED COVERAGE/EAZARD DESCRIPTION EXPGo-URE BASIS RATE PRENIUM POLICY LEVEL COVERAGES Employee Benefits Liability 100 Each INCL $ Employee Deductible Each Employee $1,000 Manufacturers General Liability Extension (SL) 2% General Contractors Blanket Additional Insured (SL) 24% Location 1 9301 STEWART & GARY ROAD DOWNEY, CA 90241 Class Code 12467 Fixtures or Supplies - for bars, Equipment, restaurants or stores - hotels, offices, Distributors Premises & Operations 20 ,000,000 (S) .296 Products & Completed Operations 20,000,000 (S) .309 INSURED Page 2 of 9 FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED NYSCEF: 09/17/2019 INDEX NO. 158327/2013 IFILED:t.NEW YORK COUNTY CLERK 07/22/2019 10:35 PM| POLICY NUMBER INSURED NAME AND ADDRESS C 2092169725 J F DUNCAN INDUSTRIES, INC. (SEE BNDT) 9301 STEWART & GRAY ROAD DOWNEY, CA 90241 ::::::::::::::::::·:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::-:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::·:::::::: SCHEDULE OF LOCATIONS AND COVERAGES Class Code 41677 Consultants - not otherwise classified Premises & Operations 200,000 (P) .323 Class Code 44444 G300416A Additional Insured Completed Operations Products & Completed Operations IF ANY () .438 Additional Insured FLAT CHARGE Class Code 44444 G300415A ADDITIONAL INSURED SCHEDULED PERSON OR ORGANIZATION Premises & Operations IF ANY () .438 Additional Insured FLAT CHARGE Class Code 44444 G300415A ADDITIONAL INSURED SCHEDULED PERSON OR ORGANIZATION Premises & Operations IF ANY () .438 Additional Insured FLAT CHARGE Class code 58922 Sheet Metal Work - shop only Premises & Operations 3,700,000 (S) .477 Products & Completed Operations 3,700,000 (s) .467 Class Code 91585 Contractors - subcontracted work - in connection with construction, reconstruction, repair or erection of buildings - not otherwise classified Premises & Operations 1,400,000 (C) 1.768 Products & Completed Operations 1,400 ,000 (C) 1.475 LOCATION SUB-TOTAL Location 2 13980 WEST BOWLES AVENUE STE 100 LITTLETON, CO 80127 INSURED Page 3 of 9 FILED: NEW YORK COUNTY CLERK 09/17/2019 06:11 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 447 RECEIVED INDEX NYSCEF: NO. 09/17/2019 158327/2013 FILED: NEW YORK COUNTY CLERK O'7/22/2019 10:35 PM) NYSGEF ÙÔÒÊ È S È 22/201Ö POLICY NUMBER INSURED NAME AND ADDRESS C 2092169725 J F DUNCAN INDUSTRIES, INC. (SEE ENDT) 9301 STEWART & GRAY ROAD DOWNEY, CA 90241 SCHEDULE OF LOCATIONS AND COVERAGES Class code 61224 Buildings or Premises - office - premises occupied by employees of the insured, other than not for profit Premises & Operations 5,000 (A) 23 .904 LOCATION BUB-TOTAL Location 3 3039 KILGORE RD. RANCHO CORDOVA, CA 95620 class Code 61224 Buildings or Premises - office - premises occupied by employees of the insured, other than not for profit Premises & Operations 900 (A) 31.934 LOCATION SUB-TOTAL Location 4 847 PHELAND CT MILPITAS , CA 95035 Class code 61224 Buildings or Premises - o