Preview
FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023
EXHIBIT “X”
EXHIBIT “X”
FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------.......•....,--.....,------.------------..------x
KEVIN McGONIGAL, NOTICE TO
ADMIT
Plaintiff(s),
Index No.: 158327/2013
-against-
NYY STEAK MANHATTAN, LLC, and
PLAZA CONSTRUCTION CORP.,
Defendant(s).
-----..--,------..,----------,.-..-e-------x
PLAZA CONSTRUCTION CORP.,
Third party plaintiff(s),
-against-
BARING INDUSTRIES, INC.,
Third party defendant(s).
...-------------------------------..-------------------------------x
A T T O R N E Y S:
PLEASE TAKE NOTICE that you are hereby requested, pursuant to CPLR §3123, to give the
undersigned, within twenty (20) days after the service thereof, a written admission of the following:
1. That at all times herein mentioned the defendant NYY STEAK
MANHATTAN, LLC was the owner of the premises under
construction located at 7 West 51st in the Borough of
Street,
Manhattan, City and State of New York.
2. That at all times herein mentioned the defendant NYY STEAK
MANHATTAN, LLC was the owner of the premises under
construction located at 7 West 51st in the Borough of
Street,
Manhattan, City and State of New York on September 6, 2013.
3. That at all times herein mentioned the defendant NYY STEAK
MANHATTAN, LLC leased the premises under construction
located at 7 West 51 t Street, in the Borough of Manhattan, City
and State of New York.
FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023
4. That at all times herein mentioned the defendant NYY STEAK
MANHATTAN, LLC leased the premises under construction
located at 7 West 51st in the Borough of Manhattan,
Street, City
and State of New York on September 6, 2013.
5. That at all times herein mentioned the defendant NYY STEAK
MANHATTAN, LLC was a lessee in possession and tenant of the
aforementioned premises.
6. That at all times herein mentioned the defendant NYY STEAK
MANHATTAN, LLC was a lessee in possession and tenant of the
aforementioned premises under construction located at 7 West
51st in the Borough of Manhattan, and State of New
Street, City
York on September 6, 2013.
7. That at all times herein mentioned, the defendant, PLAZA
CONSTRUCTION CORP. was the general contractor at the
aforementioned premises under construction located at 7 West
51st in the Borough of Manhattan, and State of New
Street, City
York.
8. That at all times herein mentioned, the defendant, PLAZA
CONSTRUCTION CORP. was the general contractor at the
aforementioned premises under construction located at 7 West
51st in the Borough of Manhattan, and State of New
Street, City
York on September 6, 2013.
9. That at all times herein mentioned, the defendant, PLAZA
CONSTRUCTION CORP. was the construction manager at the
aforernentioned premises under construction located at 7 West
51st in the Borough of Manhattan, and State of New
Street, City
York.
10. That at all times herein mentioned, the defendant, BARING
INDUSTRIES, INC. was the general contractor at the
aforementioned premises under construction located at 7 West
51st in the Borough of Manhattan, and State of New
Street, City
York.
11. That at all times herein mentioned, the defendant, BARING
INDUSTRIES, INC. was the general contractor at the
aforementioned premises under construction located at 7 West
51st in the Borough of Manhattan, and State of New
Street, City
York on September 6, 2013.
FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023
12. That at all times herein mentioned, the defendant, PLAZA
CONSTRUCTION CORP. was the general contractor at the
aforementioned premises under construction located at 7 West
51st in the Borough of Manhattan, and State of New
Street, City
York.
13. That at all times herein mentioned, the defendant, BARING
INDUSTRIES, INC. was the construction manager at the
aforementioned premises under construction located at 7 West
51st in the Borough of Manhattan, and State of New
Street, City
York on September 6, 2013.
14. That at all times herein mentioried, the defendant, BARING
INDUSTRIES, INC. was the construction manager at the
aforementioned premises under construction located at 7 West
51st in the Borough of Manhattan, and State of New
Street, City
York on September 6, 2013.
15. That at all times herein mentioned, the defendant, NYY STEAK
MANHATTAN, LLC entered into a contract with PLAZA
CONSTRUCTION CORP. to perform work at the
aforementioned premises.
16. That at all times herein mentioned, the defendant, NYY STEAK
MANHATTAN, LLC entered into a contract with PLAZA
CONSTRUCTION CORP. to perform work at the
aforementioned premises on September 6, 2013.
17. That at all times herein mentioned, the defendant, NYY STEAK
MANHATTAN, LLC entered into a contract with BARING
INDUSTRIES INC. to perform work at the aforementioned
premises.
18. That at all times herein mentioned, the defendant, NYY STEAK
MANHATTAN, LLC entered into a contract with BARING
INDUSTRIES, INC. to perform work at the aforementioned
premises on September 6, 2013.
19. That at all times herein mentioned, the defendant, NYY STEAK
MANHATTAN, LLC entered into a contract with Day & Nite
Refrigeration a/k/a Kimco Refrigeration to perform work at the
aforementioned premises.
FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023
20. That at all times herein mentioned, the defendant, NYY STEAK
MANHATTAN, LLC entered into a contract with Day & Nite
Refrigeration a/k/a Kimco Refrigeration to perform work at the
aforementioned premises on September 6, 2013.
21. That at all times herein mentioned, the defendant, PLAZA
CONSTRUCTION CORP. entered into a contract with BARING
INDUSTRIES INC. to perform work at the aforementioned
premises.
22. That at all times herein mentioned, the defendant, PLAZA
CONSTRUCTION CORP. entered into a contract with BARING
INDUSTRIES INC. Refrigeration to perform work at the
aforementioned premises on September 6, 2013
23. That at all times herein mentioned, the defendant, PLAZA
CONSTRUCTION CORP. entered into a contract with Day &
Nite Refrigeration a/k/a Kimco Refrigeration to perform work at
the aforementioned premises,
24. That at all times herein mentioned, the defendant, PLAZA
CONSTRUCTION CORP, entered into a contract with Day &
Nite Refrigeration a/k/a Kimco Refrigeration to perform work at
the aforementioned premises on September 6, 2013.
25. That at all times herein mentioned, the defendant, BARING
INDUSTRIES INC. entered into a contract with Day & Nite
Refrigeration a/k/a Kimco Refrigeration to perform work at the
aforementioned premises.
26. That at all times herein mentioned, the defendant, BARING
INDUSTRIES, INC. entered into a contract with Day & Nite
Refrigeration a/k/a Kimco Refrigeration to perform work at the
aforementioned premises on September 6, 2013.
DATED: NEW YORK, NEW YORK
October 20, 2014
FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023
Yours, etc.
SACKS AND SACKS, LLP
By:
ANDREW R. DIAMOND, ESQ.
Attorneys for Plaintiff(s)
150 Broadway - 4th Floor
New York, NY 10038
(212) 964-5570
TO:
FABIANI COHEN & HALL, LLP
Attorneys for Defendants
NYY STEAK MANHATTAN, LLC and
PLAZA CONSTRUCTION CORP.
570 Lexington Avenue, 4th Floor
New York, New York 10022
Tel: (212) 644-4420
LAW OFFICES OF CHARLES J. SIEGEL
Attorneys for Third-Party Defendant
BARING INDUSTRIES, INC.
125 Broad Street-7th plOOr
New York, New York 10004
Attention: Nikolaos E. Diamantis, Esq.
FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023
AFFIDAVIT OF SERVICE
STATE OF NEW YORK }
ss.:
COUNTY OF NEW YORK
VALERIE CAIN, being duly sworn, deposes and says that she is not a party to this
action, is over the age of 18 years, and resides in the COUNTY OF NEW YORK, CITY AND
STATE OF NEW YORK, and that on November 10, 2014 she served NOTICE TO ADMIT
and supporting papers on the following attorneys, at the addresses designated by said
attorneys for that purpose by depositing a true copy of same enclosed in a postpaid,
properly addressed wrapper in an official depository under the exclusive care and custody
of the United States Post Office within the State of New York:
TO:
FABIANI COHEN & HALL, LLP
Attorneys for Defendants
NYY STEAK MANHATTAN, LLC and
PLAZA CONSTRUCTION CORP.
570 Lexington Avenue, 4th Floor
New York, New York 10022
Tel: (212) 644-4420
Attention: Thomas J. Hall, Esq.
LAW OFFICES OF CHARLES J. SIEGEL
Attorneys for Third-Party Defendant
BARING INDUSTRIES INC
125 Broad Street- 7th Floor
New York, New York 10004
212-440-2350
VALERIE CAIN
Sworn to before me this
10th of November, 2014
day
NOTA PUBLIC
SOFIA ABREU
Public, State of NewYork
Notary
No. 0 1A86189393
Qualified in Westchester County
MySommission ExpiresJune 23, 2016
FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
.-... .-.-.---.---...---..-----.....----..-.-x
KEVIN McGONIGAL,
Plaintiff(s),
-against- Index No.: 158327/2013
NYY STEAK MANHATTAN, LLC, and
PLAZA CONSTRUCTION CORP.,
Defendant(s).
--,-- ..,.---.-...-----......----...-....,....----........x
PLAZA CONSTRUCTION CORP.,
Third party plaintiff(s),
-against-
BARING INDUSTRIES, INC.,
Third party defendant(s).
NOTICETOADMIT
Sacks andSacks, LLP
150 Broadway, 4th pl00r
New York, New York 10038
T: (212) 964-5570
F: (212) 349-2141
Preview
FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023 EXHIBIT “X” EXHIBIT “X” FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------.......•....,--.....,------.------------..------x KEVIN McGONIGAL, NOTICE TO ADMIT Plaintiff(s), Index No.: 158327/2013 -against- NYY STEAK MANHATTAN, LLC, and PLAZA CONSTRUCTION CORP., Defendant(s). -----..--,------..,----------,.-..-e-------x PLAZA CONSTRUCTION CORP., Third party plaintiff(s), -against- BARING INDUSTRIES, INC., Third party defendant(s). ...-------------------------------..-------------------------------x A T T O R N E Y S: PLEASE TAKE NOTICE that you are hereby requested, pursuant to CPLR §3123, to give the undersigned, within twenty (20) days after the service thereof, a written admission of the following: 1. That at all times herein mentioned the defendant NYY STEAK MANHATTAN, LLC was the owner of the premises under construction located at 7 West 51st in the Borough of Street, Manhattan, City and State of New York. 2. That at all times herein mentioned the defendant NYY STEAK MANHATTAN, LLC was the owner of the premises under construction located at 7 West 51st in the Borough of Street, Manhattan, City and State of New York on September 6, 2013. 3. That at all times herein mentioned the defendant NYY STEAK MANHATTAN, LLC leased the premises under construction located at 7 West 51 t Street, in the Borough of Manhattan, City and State of New York. FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023 4. That at all times herein mentioned the defendant NYY STEAK MANHATTAN, LLC leased the premises under construction located at 7 West 51st in the Borough of Manhattan, Street, City and State of New York on September 6, 2013. 5. That at all times herein mentioned the defendant NYY STEAK MANHATTAN, LLC was a lessee in possession and tenant of the aforementioned premises. 6. That at all times herein mentioned the defendant NYY STEAK MANHATTAN, LLC was a lessee in possession and tenant of the aforementioned premises under construction located at 7 West 51st in the Borough of Manhattan, and State of New Street, City York on September 6, 2013. 7. That at all times herein mentioned, the defendant, PLAZA CONSTRUCTION CORP. was the general contractor at the aforementioned premises under construction located at 7 West 51st in the Borough of Manhattan, and State of New Street, City York. 8. That at all times herein mentioned, the defendant, PLAZA CONSTRUCTION CORP. was the general contractor at the aforementioned premises under construction located at 7 West 51st in the Borough of Manhattan, and State of New Street, City York on September 6, 2013. 9. That at all times herein mentioned, the defendant, PLAZA CONSTRUCTION CORP. was the construction manager at the aforernentioned premises under construction located at 7 West 51st in the Borough of Manhattan, and State of New Street, City York. 10. That at all times herein mentioned, the defendant, BARING INDUSTRIES, INC. was the general contractor at the aforementioned premises under construction located at 7 West 51st in the Borough of Manhattan, and State of New Street, City York. 11. That at all times herein mentioned, the defendant, BARING INDUSTRIES, INC. was the general contractor at the aforementioned premises under construction located at 7 West 51st in the Borough of Manhattan, and State of New Street, City York on September 6, 2013. FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023 12. That at all times herein mentioned, the defendant, PLAZA CONSTRUCTION CORP. was the general contractor at the aforementioned premises under construction located at 7 West 51st in the Borough of Manhattan, and State of New Street, City York. 13. That at all times herein mentioned, the defendant, BARING INDUSTRIES, INC. was the construction manager at the aforementioned premises under construction located at 7 West 51st in the Borough of Manhattan, and State of New Street, City York on September 6, 2013. 14. That at all times herein mentioried, the defendant, BARING INDUSTRIES, INC. was the construction manager at the aforementioned premises under construction located at 7 West 51st in the Borough of Manhattan, and State of New Street, City York on September 6, 2013. 15. That at all times herein mentioned, the defendant, NYY STEAK MANHATTAN, LLC entered into a contract with PLAZA CONSTRUCTION CORP. to perform work at the aforementioned premises. 16. That at all times herein mentioned, the defendant, NYY STEAK MANHATTAN, LLC entered into a contract with PLAZA CONSTRUCTION CORP. to perform work at the aforementioned premises on September 6, 2013. 17. That at all times herein mentioned, the defendant, NYY STEAK MANHATTAN, LLC entered into a contract with BARING INDUSTRIES INC. to perform work at the aforementioned premises. 18. That at all times herein mentioned, the defendant, NYY STEAK MANHATTAN, LLC entered into a contract with BARING INDUSTRIES, INC. to perform work at the aforementioned premises on September 6, 2013. 19. That at all times herein mentioned, the defendant, NYY STEAK MANHATTAN, LLC entered into a contract with Day & Nite Refrigeration a/k/a Kimco Refrigeration to perform work at the aforementioned premises. FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023 20. That at all times herein mentioned, the defendant, NYY STEAK MANHATTAN, LLC entered into a contract with Day & Nite Refrigeration a/k/a Kimco Refrigeration to perform work at the aforementioned premises on September 6, 2013. 21. That at all times herein mentioned, the defendant, PLAZA CONSTRUCTION CORP. entered into a contract with BARING INDUSTRIES INC. to perform work at the aforementioned premises. 22. That at all times herein mentioned, the defendant, PLAZA CONSTRUCTION CORP. entered into a contract with BARING INDUSTRIES INC. Refrigeration to perform work at the aforementioned premises on September 6, 2013 23. That at all times herein mentioned, the defendant, PLAZA CONSTRUCTION CORP. entered into a contract with Day & Nite Refrigeration a/k/a Kimco Refrigeration to perform work at the aforementioned premises, 24. That at all times herein mentioned, the defendant, PLAZA CONSTRUCTION CORP, entered into a contract with Day & Nite Refrigeration a/k/a Kimco Refrigeration to perform work at the aforementioned premises on September 6, 2013. 25. That at all times herein mentioned, the defendant, BARING INDUSTRIES INC. entered into a contract with Day & Nite Refrigeration a/k/a Kimco Refrigeration to perform work at the aforementioned premises. 26. That at all times herein mentioned, the defendant, BARING INDUSTRIES, INC. entered into a contract with Day & Nite Refrigeration a/k/a Kimco Refrigeration to perform work at the aforementioned premises on September 6, 2013. DATED: NEW YORK, NEW YORK October 20, 2014 FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023 Yours, etc. SACKS AND SACKS, LLP By: ANDREW R. DIAMOND, ESQ. Attorneys for Plaintiff(s) 150 Broadway - 4th Floor New York, NY 10038 (212) 964-5570 TO: FABIANI COHEN & HALL, LLP Attorneys for Defendants NYY STEAK MANHATTAN, LLC and PLAZA CONSTRUCTION CORP. 570 Lexington Avenue, 4th Floor New York, New York 10022 Tel: (212) 644-4420 LAW OFFICES OF CHARLES J. SIEGEL Attorneys for Third-Party Defendant BARING INDUSTRIES, INC. 125 Broad Street-7th plOOr New York, New York 10004 Attention: Nikolaos E. Diamantis, Esq. FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023 AFFIDAVIT OF SERVICE STATE OF NEW YORK } ss.: COUNTY OF NEW YORK VALERIE CAIN, being duly sworn, deposes and says that she is not a party to this action, is over the age of 18 years, and resides in the COUNTY OF NEW YORK, CITY AND STATE OF NEW YORK, and that on November 10, 2014 she served NOTICE TO ADMIT and supporting papers on the following attorneys, at the addresses designated by said attorneys for that purpose by depositing a true copy of same enclosed in a postpaid, properly addressed wrapper in an official depository under the exclusive care and custody of the United States Post Office within the State of New York: TO: FABIANI COHEN & HALL, LLP Attorneys for Defendants NYY STEAK MANHATTAN, LLC and PLAZA CONSTRUCTION CORP. 570 Lexington Avenue, 4th Floor New York, New York 10022 Tel: (212) 644-4420 Attention: Thomas J. Hall, Esq. LAW OFFICES OF CHARLES J. SIEGEL Attorneys for Third-Party Defendant BARING INDUSTRIES INC 125 Broad Street- 7th Floor New York, New York 10004 212-440-2350 VALERIE CAIN Sworn to before me this 10th of November, 2014 day NOTA PUBLIC SOFIA ABREU Public, State of NewYork Notary No. 0 1A86189393 Qualified in Westchester County MySommission ExpiresJune 23, 2016 FILED: NEW YORK COUNTY CLERK 04/17/2023 11:48 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 571 RECEIVED NYSCEF: 04/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK .-... .-.-.---.---...---..-----.....----..-.-x KEVIN McGONIGAL, Plaintiff(s), -against- Index No.: 158327/2013 NYY STEAK MANHATTAN, LLC, and PLAZA CONSTRUCTION CORP., Defendant(s). --,-- ..,.---.-...-----......----...-....,....----........x PLAZA CONSTRUCTION CORP., Third party plaintiff(s), -against- BARING INDUSTRIES, INC., Third party defendant(s). NOTICETOADMIT Sacks andSacks, LLP 150 Broadway, 4th pl00r New York, New York 10038 T: (212) 964-5570 F: (212) 349-2141