Preview
FILED: NASSAU COUNTY CLERK 03/22/2023 01:03 PM INDEX NO. 604204/2014
NYSCEF DOC. NO. 386 RECEIVED NYSCEF: 03/22/2023
EXHIBIT “M”
FILED: NASSAU COUNTY CLERK 03/22/2023
06/18/2018 01:03
07:28 PM INDEX NO. 604204/2014
NYSCEF DOC. NO. 386
128 RECEIVED NYSCEF: 03/22/2023
06/18/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
..____.--..............._..,---._.-.__._..--..--.................,--------x Index # 604204/14
MICHAEL MESSINA,
.
Plaintiff,
-against- THIRD-PARTY SUMMONS
MORTON VILLAGE REALTY, INC.and
PHILLIPS INTERNATIONAL REALTY, INC.,
Defendants.
.-......-...,-,,,,----..----..---.--.....----.--...........--,,.,------··-----------X
MORTON VILLAGE REALTY, INC. and
PHILLIPS INTERNATIONAL REALTY, INC.,
Third-Party Plaintiffs,
-against-
MR. JOE'S PIZZERIA & RISTORANTE, RUAGO, LLC
d/b/a PIZZA DELIGHT, INC., ANTO, INC., GlUSEPPE
FRANZELLA, , JOSEPH LOGLISCI, MICHAEL
RUGGIERO,
DIG ENTERPRISE, INC. and PETE LAMARIANA,
Third-Party Defendants.
-,,, --------....---..---..--------.____--..-.........--...,-,.,-..----------------------------
To the above named Third-Party Defendant(s):
You are hereby summoned to answer the complaint of the Third-Party Plaintiffs
and of the Plaintiff, copies of which are herewith served upon you, and to serve copies of
your answer on the undersigned attorney for the Third-Party Plaintiff and upon Plaintiff
within (20) days after the services of Third-Party Summons and Complaint upon you,
exclusive oftheday of service, (or within [30]days after the service is complete if this Summons
is not personally deliveredto you within the State of New York; and in case of your failure
to appear or answer, judgment will be taken against youby default for the relief demanded
in the Third-Patty Complaint.
FILED: NASSAU COUNTY CLERK 03/22/2023
06/18/2018 01:03
07:28 PM INDEX NO. 604204/2014
NYSCEF DOC. NO. 386
128 RECEIVED NYSCEF: 03/22/2023
06/18/2018
DATED: New York, New York
June 15, 2018
QUINTAIROS, PRIETO, WOOD & BOYER, PA
Attorneys for Defendant MORTON VILLAGE
REALTY INC. and PHILLIPS INTERNATIONAL REALTY INC.
P&kpcp'
ll~
By:
NICOLli VARISCO, ESQ.
To:
Joseph G. Dell
DELL & DEAN, PLLC
Attorney for Plainttff
1225 Franklin Avenue, Suite 450
Garden City, NY 1 1530
(516) 880-9700
CONGDON, FLAHERTY, O'CALLAGHAN,
REID, DONLON, TRAVIS & FISHLINGER
Attorney for Third-Party Defendants
Pete Lamariana & Dig Enterprise, Inc.
333 Earle Ovington Boulevard, Suite 502
Uniondale, NY 11553
(516) 542-5900
ARMIENTI, DeBELLIS, GUGLIELMO & RHODEN, LLP
Attorney for Third-Party Defendants
Ruago, LLC d/b/a Mr. Joe's and Michael Ruggerio
170 Old Country Road, Suite 607
Mineola, NY 11501
(516) 877-1202
FILED: NASSAU COUNTY CLERK 03/22/2023
06/18/2018 01:03
07:28 PM INDEX NO. 604204/2014
NYSCEF DOC. NO. 386
128 RECEIVED NYSCEF: 03/22/2023
06/18/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU Index # 604204/14
__....---............... ___.-....--........-...........--.........-....-............x
MICHAEL MESSINA,
Plaintiff,
THIRD-PARTY COMPLAINT
-against-
MORTON VILLAGE REALTY, INC, and
PHILLIPS INTERNATIONAL REALTY, INC.,
Defendants.
------------------------------------------------------------x
MORTON VILLAGE REALTY, INC. and
PHILLIPS INTERNATIONAL INC., Third-
REALTY,
Party Plaintiffs,
-against-
MR. JOE'S PIZZERIA & RISTORANTE, RUAGO, LLC
d/b/a PIZZA DELIGHT, INC., ANTO, INC., GIUSEPPE
FRANZELLA,
JOSEPH LOGLISCI, MICHAEL RUGGIERO,
DlG INC. and PETE Third-
ENTERPRISE, LAMARIANA,
Party Defendants.
Defendants/Third-Party Plaintiffs, MORTON VlLLAGE REALTY, INC. and PHILLIPS
INTERNATIONAL REALTY, INC., by their attorneys QUINTAIROS, PRIETO, WOOD & BOYER, P.A.for its
Complaint allege,'
allege:
against the Third-Party Defendants, belief, respectfully
Annexed hereto made hereof is Plaintiff Defendants'
and a part s Summons and Complaint, Leases.
FILED: NASSAU COUNTY CLERK 03/22/2023
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NYSCEF DOC. NO. 386
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l. At all times hereinafter mentioned, Defendants/Third-Party Plaintiffs, MORTON VILLAGE
REALTY, INC. and PHILLlPS INTERNATIONAL REALTY, INC., are the owner of certain premises and/or
place of business located at 1048 Old Country Road, County of Nassau, State of New York.
2. That at all times herein mentioned, Third-Party Defendant, MR. JOE'S PIZZERIA & RISTORANTE,
was a tenant of Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLIPS
INTERNATIONAL REALTY, INC.
3. That at all times herein mentioned, Third-Party Defendant, MR. JOE'S PIZZERIA &
RISTORANTE, was operating a business from aforementioned premises.
4. That at all times herein mentioned, Third-Party Defendant, RUAGO, LLC d/b/a
PIZZA DELIGHT, INC., was a tenant of Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY,
INC. and PHILLlPS INTERNATIONAL REALTY, INC. pursuant to the leased dated April 19, 1991.
5. That at all times herein mentioned, Third-Party Defendant, RUAGO, LLC d/b/a PIZZA DELIGHT,
INC., was operating a business from aforementioned premises.
6. That at all times herein mentioned, Third-Party Defendant, JOSEPH LOGLISCI, was the owner of
Third-Party Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC.
7. That at all times herein mentioned, Third-Party Defendant, MICHAEL RUGGIERO, was the owner of
Third-Patty Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC.
8. That at all times herein mentioned, Third-Party Defendant, MICHAEL RUGGIERO, was a member of
Third-Party Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC.
9. That at all times herein mentioned, Third-Party Defendant, ANTO, INC., was a tenant of
Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL
REALTY, INC.
10. That at all times herein mentioned, Third-Party Defendant, ANTO, INC., was operating a business
from aforementioned premises.
1l. That at all times herein mentioned, Third-Party Defendant, GIUSEPPE FRANZELLA, was a
tenant of Defendant/Third-Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS
INTERNATIONAL REA LTY, INC.
FILED: NASSAU COUNTY CLERK 03/22/2023
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NYSCEF DOC. NO. 386
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12. That at all times herein mentioned, Third-Party Defendant, GIUSEPPE FRANZELLA, was operating a
business from aforementioned premises.
13. That at all times herein mentioned, Third-Party Defendant, GIUSEPPE FRANZELLA, was the owner
of Third-Party Defendant, ANTO, INC.
14. That at all times herein mentioned, Third-Party Defendant ANTO, INC. and GIUSEPPE
FRANZELLA subleased the aforementioned premises and/or business to Third-Party Defendant RUAGO LLC d/b/a
PIZZA DELIGHT, INC.
15. That at all times herein mentioned, Third-Party Defendant, DlG ENTERPRISE, INC. is a New
York State corporation with a business address of 70 Vondran Street, Huntington Station, New York 11746.
16. That at all times herein mentioned Third-Party Defendant, DIG ENTERPRISE, INC., its agents,
servants and/or employees were in the business maintenance.
17. That at all times herein mentioned Third-Party Defendant, DIG ENTERPRISE, INC., its agents,
servants and/or employees had a duty to maintain in a reasonable, safe condition in snow and/or ice removal of
the aforesaid premises.
18. That at all times herein mentioned Third-Party Defendant, PETE LAMARIANA is the owner of Third-
Party Defendant, DIG ENTERPRISE, INC.
19. That at all times herein mentioned Third-Party Defendant, PETE LAMARIANA, his agents,
servants and/or employees had a duty to maintain in a reasonable, safe condition in snow and/or ice removal of
the aforesaid premises.
20. That at all times herein mentioned Third Party Defendants, DIG ENTERPRISE, INC. and PETE
LAMARIANA, were under contract with Third-Party Plaintiffs, MORTON VILLAGE REALTY, INC. and
PHILLIPS INTERNATIONAL REALTY, INC. to maintain in a reasonable, safe condition in snow and/or
ice removal of the aforesaid premises.
21. If Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLlPS
INTERNATIONAL REALTY, INC. are liable to the plaintiff, then he is entitled to indemnification and/or
contribution pursuant to the terms of the written contract/lease annexed hereto between MORTON VILLAGE
FILED: NASSAU COUNTY CLERK 03/22/2023
06/18/2018 01:03
07:28 PM INDEX NO. 604204/2014
NYSCEF DOC. NO. 386
128 RECEIVED NYSCEF: 03/22/2023
06/18/2018
REALTY, INC. and PHILLlPS INTERNATIONAL REALTY, INC. and MR. JOE'S PIZZERIA & RISTORANTE,
RUAGO, LLC d/b/a PIZZA DELIGHT, INC., ANTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISC),
MICHAEL RUGGlERO, DIG ENTERPRISE, INC. and PETE LAMARIANA, requiring indemnification of Third-
Party Plaintiff.
22. Defendants/Third Party Plaintiffs are entitled to judgment for breach of contract due to third party
defendant's failure to indemnify and procure insurance pursuant to the terms of the annexed leases.
23, That if the Plaintiff, MICHAEL MESSINA, was allegedly caused to sustain injury at the time
and place set forth in the Plaintiffs Complaint through any carelessness or negligence other than the
carelessness and negligence of said Plaintiff, then such damages were caused solely by reason of the
Third- Defendants'
Party carelessness and negligence.
24. reason of the foregoing, if the Plaintiff, MICHAEL MESSINA, obtains judgment in the above-
By
captioned action against the Defendants/Third-Party Plaintiffs, then, the Defendants/Third-Party Plaintiffs are
entitled to and shall seek indemnity, in whole or in part, from the Third-Party Defendants.
WHEREFORE, in the event that Plaintiff MICHAEL MESSINA, obtains judgment against Defendants/Third-
Party Plaintiffs. MORTON VILLAGE REALTY, INC. and PHILLlPS INTERNATIONAL REALTY INC., in the
primary action, then Defendants/Third-Party Plaintiffs, MORTON VILLAGE REALTY and PHILLIPS
INTERNATIONTAL REALTY, INC., hereby demands judgment of indemnification against Third-Party
Defendants for the amount of Plaintiff's said judgment or, in the alternative, for such part of said judgment as is
apportionable to the negligence of Third-Party Defendants as compared with alleged negligence, if any, if any, of
Defendants/Third-Party Plaintiffs, together with interest, attorneys fee, costs and disbursements of this action.
DATED: New York, New York
June 15, 2018
FILED: NASSAU COUNTY CLERK 03/22/2023
06/18/2018 01:03
07:28 PM INDEX NO. 604204/2014
NYSCEF DOC. NO. 386
128 RECEIVED NYSCEF: 03/22/2023
06/18/2018
QUINTAIROS, PRIETO, WOOD & BOYER, PA
Attorneys for Defendant MORTON VILLAGE
REALTY INC. and PHILLIPS INTERNATIONAL REALTY INC
NICOLE VARISCO, ESQ.
To:
Joseph G. Dell
DELL & DEAN, PLLC
Attorney for Plaintiff
1225 Franklin Avenue, Suite 450
Garden City, NY 11530
(516) 880-9700
CONGDON, FLAHERTY, O'CALLAGHAN,
REID, DONLON, TRAVIS & FISHLlNGER
Attorney for Third-Party Defendants
Pete Lamariana & Dig Enterprise, Inc.
333 Earle Ovington Boulevard, Suite 502
Uniondale, NY 11553
(516) 542-5900
ARMIENTI, DeBELLIS, GUGLIELMO & RHODEN, LLP
Attorney for Third-Party Defendants
Ruago, LLC d/b/a Mr. Joe's and Michael Ruggerio
170 Old Country Road, Suite 607
Mineola, NY 11501
(516) 877-1202
FILED: NASSAU COUNTY CLERK 03/22/2023
06/18/2018 01:03
07:28 PM INDEX NO. 604204/2014
NYSCEF NO. 604204/20:.4
INDEXNYSCEF:
FILED: DOC. NO. 128
386
NASSLU COUNTY CLERK 08/24/2018 10:52 RM) RECEIVED 06/18/2018
03/22/2023
NYSCEF DOC. NO. t4 . RECEIVED NYSCEF: 08/25/20 I
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------x Index #: 60420:4/14
MICHAEL MESSINA,
Plaintiff, VERIFIED ANSWER .
-against- WITH CROSS-CLAIM
MORTON VILLAGE REALTY INC. and
PHILLIPS INTERNATIONAL REALTY INC.
Defendants.
--.,____....-.------------,----...··---->--------x
Defendants, MORTON VILLAGE REALTY INC., by their
attorneys PATTERSON 6 SCIARRINO, L.L.P., answering the
plaintiff's Complaint herein respectfully responds as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. . DENIES HAVING KNOWLEDGE OR INFORMATION
sufficient to form a belief as to each and every allegation
contained in paragraphs designated FIRST, SECOND, THIRD,
FOURTH, g FIFTH, (
~ SIXTH, SEVENTH, )( EIGHTH, ~ NINTH, TENTH, ELEVENTH, g
TWELFTH, THIRTEENTH, FOURTEENTH, FIFTEENTH, SIXTEENTH
SEVENTEENTH, EIGHTEENTH, NINETEENTH, TWENTIETH, TWENTY-FIRST,
TWENTY-SECOND, TWENTY-THIRD, TWENTY-FOURTH and TWENTY-FIFTH of
'
plaintiff's Complaint. .
2. DENIES each and every allegation contained in
paragraphs designated TWENTY-
TWENTY-SIXTH, TWENTY-SEVENTH,
EIGHTH, TWENTY-NINTH and THIRTIETH of plaintiff's Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
That if the plaintiff sustained the injuries alleged,
they were caused in whole or in part through the comparative
of'
negligence of the plaintiff and/or the culpable conduct and
negligence of the plaintiff and not through any negligence on
the part of this answering defendant.
AS AND__FOR A SECOND AETIRMATIVE DEFENSE
Upon information and belief, any past or future costs
or expenses incurred or to be incurred by the plaintiff for
medical care,
.care, dental care, custodial care or rehabilitative
services, loss of earnings or other economic loss has been or
will be with reasonable certainty replaced or indemnified in
whole or in part from a collateral source as defined in Section
4545c of the
the New York Civil Practico
Practice Laws and Rule
Rules.
FILED: NASSAU COUNTY CLERK 03/22/2023
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NYSCEF DOC. NO. 386
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If any damages are recoverable against this said
answering defendant, the amount of such e
damages shall be
diminished by the amount of the funds which plaintiff has r or
shall receive from such collateral sources.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
That whatever injuries and/or damages sustained by
the plaintiff at the time and ~ place alleged ~ in the Complaint
were the result of plaintiff's assumption of risk in reali7-ing
r
and 1 knowing the r
dangers and hazards thereof r
and ~ plaintiff
assumed 0 all risks necessary and incidental to such an
undertaking.
AS ~A FOURTH
AND FOR AFFIRMATIVE DEFENSE
Any damages, injury and/or injuries sustained e by
plaintiff were caused in whole or part ~ by plaintiff's
assumption of the risk and the amount recovered, if any, should
be diminished pursuant to CPLR S 1412 by the proportion which
the culpable conduct attributed to the plaintiff caused the
injuries and damages alleged.
FOW1RAkFIRMATIVE DEFENSE
The plaintiff fails to state a cause of e
action upon
which relief can be found.
AND FOR A SIXTH AFFIRMATIVE DEFENSE
The liability of this answering defendant is limited
by law under the terms of Article 16 of the CPLR.
AS AND AFFIBMATIVE DEFENSE
That any and all risks, hazards and dangers were
open, obvious and apparent, natural e
and inherent and known or
should have been known by the plaintiff herein, and the
plaintiff assumed all such risks, hazards and defects.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
The defendant herein had no duty of care 0
plaintiff, and therefore is not liable for any alleged injuries
or damages to plaintiff.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
0
FILED: NASSAU COUNTY CLERK 03/22/2023
06/18/2018 01:03
07:28 PM INDEX NO. 604204/2014
NYSCEF DOC. NO. 386
128 RECEIVED NYSCEF: 03/22/2023
Preview
FILED: NASSAU COUNTY CLERK 03/22/2023 01:03 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 386 RECEIVED NYSCEF: 03/22/2023 EXHIBIT “M” FILED: NASSAU COUNTY CLERK 03/22/2023 06/18/2018 01:03 07:28 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 386 128 RECEIVED NYSCEF: 03/22/2023 06/18/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ..____.--..............._..,---._.-.__._..--..--.................,--------x Index # 604204/14 MICHAEL MESSINA, . Plaintiff, -against- THIRD-PARTY SUMMONS MORTON VILLAGE REALTY, INC.and PHILLIPS INTERNATIONAL REALTY, INC., Defendants. .-......-...,-,,,,----..----..---.--.....----.--...........--,,.,------··-----------X MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC., Third-Party Plaintiffs, -against- MR. JOE'S PIZZERIA & RISTORANTE, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., ANTO, INC., GlUSEPPE FRANZELLA, , JOSEPH LOGLISCI, MICHAEL RUGGIERO, DIG ENTERPRISE, INC. and PETE LAMARIANA, Third-Party Defendants. -,,, --------....---..---..--------.____--..-.........--...,-,.,-..---------------------------- To the above named Third-Party Defendant(s): You are hereby summoned to answer the complaint of the Third-Party Plaintiffs and of the Plaintiff, copies of which are herewith served upon you, and to serve copies of your answer on the undersigned attorney for the Third-Party Plaintiff and upon Plaintiff within (20) days after the services of Third-Party Summons and Complaint upon you, exclusive oftheday of service, (or within [30]days after the service is complete if this Summons is not personally deliveredto you within the State of New York; and in case of your failure to appear or answer, judgment will be taken against youby default for the relief demanded in the Third-Patty Complaint. FILED: NASSAU COUNTY CLERK 03/22/2023 06/18/2018 01:03 07:28 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 386 128 RECEIVED NYSCEF: 03/22/2023 06/18/2018 DATED: New York, New York June 15, 2018 QUINTAIROS, PRIETO, WOOD & BOYER, PA Attorneys for Defendant MORTON VILLAGE REALTY INC. and PHILLIPS INTERNATIONAL REALTY INC. P&kpcp' ll~ By: NICOLli VARISCO, ESQ. To: Joseph G. Dell DELL & DEAN, PLLC Attorney for Plainttff 1225 Franklin Avenue, Suite 450 Garden City, NY 1 1530 (516) 880-9700 CONGDON, FLAHERTY, O'CALLAGHAN, REID, DONLON, TRAVIS & FISHLINGER Attorney for Third-Party Defendants Pete Lamariana & Dig Enterprise, Inc. 333 Earle Ovington Boulevard, Suite 502 Uniondale, NY 11553 (516) 542-5900 ARMIENTI, DeBELLIS, GUGLIELMO & RHODEN, LLP Attorney for Third-Party Defendants Ruago, LLC d/b/a Mr. Joe's and Michael Ruggerio 170 Old Country Road, Suite 607 Mineola, NY 11501 (516) 877-1202 FILED: NASSAU COUNTY CLERK 03/22/2023 06/18/2018 01:03 07:28 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 386 128 RECEIVED NYSCEF: 03/22/2023 06/18/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index # 604204/14 __....---............... ___.-....--........-...........--.........-....-............x MICHAEL MESSINA, Plaintiff, THIRD-PARTY COMPLAINT -against- MORTON VILLAGE REALTY, INC, and PHILLIPS INTERNATIONAL REALTY, INC., Defendants. ------------------------------------------------------------x MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL INC., Third- REALTY, Party Plaintiffs, -against- MR. JOE'S PIZZERIA & RISTORANTE, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., ANTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISCI, MICHAEL RUGGIERO, DlG INC. and PETE Third- ENTERPRISE, LAMARIANA, Party Defendants. Defendants/Third-Party Plaintiffs, MORTON VlLLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC., by their attorneys QUINTAIROS, PRIETO, WOOD & BOYER, P.A.for its Complaint allege,' allege: against the Third-Party Defendants, belief, respectfully Annexed hereto made hereof is Plaintiff Defendants' and a part s Summons and Complaint, Leases. FILED: NASSAU COUNTY CLERK 03/22/2023 06/18/2018 01:03 07:28 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 386 128 RECEIVED NYSCEF: 03/22/2023 06/18/2018 l. At all times hereinafter mentioned, Defendants/Third-Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLlPS INTERNATIONAL REALTY, INC., are the owner of certain premises and/or place of business located at 1048 Old Country Road, County of Nassau, State of New York. 2. That at all times herein mentioned, Third-Party Defendant, MR. JOE'S PIZZERIA & RISTORANTE, was a tenant of Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. 3. That at all times herein mentioned, Third-Party Defendant, MR. JOE'S PIZZERIA & RISTORANTE, was operating a business from aforementioned premises. 4. That at all times herein mentioned, Third-Party Defendant, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., was a tenant of Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLlPS INTERNATIONAL REALTY, INC. pursuant to the leased dated April 19, 1991. 5. That at all times herein mentioned, Third-Party Defendant, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., was operating a business from aforementioned premises. 6. That at all times herein mentioned, Third-Party Defendant, JOSEPH LOGLISCI, was the owner of Third-Party Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC. 7. That at all times herein mentioned, Third-Party Defendant, MICHAEL RUGGIERO, was the owner of Third-Patty Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC. 8. That at all times herein mentioned, Third-Party Defendant, MICHAEL RUGGIERO, was a member of Third-Party Defendants, RUAGO, LLC d/b/a PIZZA DELIGHT, INC. 9. That at all times herein mentioned, Third-Party Defendant, ANTO, INC., was a tenant of Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. 10. That at all times herein mentioned, Third-Party Defendant, ANTO, INC., was operating a business from aforementioned premises. 1l. That at all times herein mentioned, Third-Party Defendant, GIUSEPPE FRANZELLA, was a tenant of Defendant/Third-Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REA LTY, INC. FILED: NASSAU COUNTY CLERK 03/22/2023 06/18/2018 01:03 07:28 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 386 128 RECEIVED NYSCEF: 03/22/2023 06/18/2018 12. That at all times herein mentioned, Third-Party Defendant, GIUSEPPE FRANZELLA, was operating a business from aforementioned premises. 13. That at all times herein mentioned, Third-Party Defendant, GIUSEPPE FRANZELLA, was the owner of Third-Party Defendant, ANTO, INC. 14. That at all times herein mentioned, Third-Party Defendant ANTO, INC. and GIUSEPPE FRANZELLA subleased the aforementioned premises and/or business to Third-Party Defendant RUAGO LLC d/b/a PIZZA DELIGHT, INC. 15. That at all times herein mentioned, Third-Party Defendant, DlG ENTERPRISE, INC. is a New York State corporation with a business address of 70 Vondran Street, Huntington Station, New York 11746. 16. That at all times herein mentioned Third-Party Defendant, DIG ENTERPRISE, INC., its agents, servants and/or employees were in the business maintenance. 17. That at all times herein mentioned Third-Party Defendant, DIG ENTERPRISE, INC., its agents, servants and/or employees had a duty to maintain in a reasonable, safe condition in snow and/or ice removal of the aforesaid premises. 18. That at all times herein mentioned Third-Party Defendant, PETE LAMARIANA is the owner of Third- Party Defendant, DIG ENTERPRISE, INC. 19. That at all times herein mentioned Third-Party Defendant, PETE LAMARIANA, his agents, servants and/or employees had a duty to maintain in a reasonable, safe condition in snow and/or ice removal of the aforesaid premises. 20. That at all times herein mentioned Third Party Defendants, DIG ENTERPRISE, INC. and PETE LAMARIANA, were under contract with Third-Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. to maintain in a reasonable, safe condition in snow and/or ice removal of the aforesaid premises. 21. If Defendant/Third-Party Plaintiff, MORTON VILLAGE REALTY, INC. and PHILLlPS INTERNATIONAL REALTY, INC. are liable to the plaintiff, then he is entitled to indemnification and/or contribution pursuant to the terms of the written contract/lease annexed hereto between MORTON VILLAGE FILED: NASSAU COUNTY CLERK 03/22/2023 06/18/2018 01:03 07:28 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 386 128 RECEIVED NYSCEF: 03/22/2023 06/18/2018 REALTY, INC. and PHILLlPS INTERNATIONAL REALTY, INC. and MR. JOE'S PIZZERIA & RISTORANTE, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., ANTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISC), MICHAEL RUGGlERO, DIG ENTERPRISE, INC. and PETE LAMARIANA, requiring indemnification of Third- Party Plaintiff. 22. Defendants/Third Party Plaintiffs are entitled to judgment for breach of contract due to third party defendant's failure to indemnify and procure insurance pursuant to the terms of the annexed leases. 23, That if the Plaintiff, MICHAEL MESSINA, was allegedly caused to sustain injury at the time and place set forth in the Plaintiffs Complaint through any carelessness or negligence other than the carelessness and negligence of said Plaintiff, then such damages were caused solely by reason of the Third- Defendants' Party carelessness and negligence. 24. reason of the foregoing, if the Plaintiff, MICHAEL MESSINA, obtains judgment in the above- By captioned action against the Defendants/Third-Party Plaintiffs, then, the Defendants/Third-Party Plaintiffs are entitled to and shall seek indemnity, in whole or in part, from the Third-Party Defendants. WHEREFORE, in the event that Plaintiff MICHAEL MESSINA, obtains judgment against Defendants/Third- Party Plaintiffs. MORTON VILLAGE REALTY, INC. and PHILLlPS INTERNATIONAL REALTY INC., in the primary action, then Defendants/Third-Party Plaintiffs, MORTON VILLAGE REALTY and PHILLIPS INTERNATIONTAL REALTY, INC., hereby demands judgment of indemnification against Third-Party Defendants for the amount of Plaintiff's said judgment or, in the alternative, for such part of said judgment as is apportionable to the negligence of Third-Party Defendants as compared with alleged negligence, if any, if any, of Defendants/Third-Party Plaintiffs, together with interest, attorneys fee, costs and disbursements of this action. DATED: New York, New York June 15, 2018 FILED: NASSAU COUNTY CLERK 03/22/2023 06/18/2018 01:03 07:28 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 386 128 RECEIVED NYSCEF: 03/22/2023 06/18/2018 QUINTAIROS, PRIETO, WOOD & BOYER, PA Attorneys for Defendant MORTON VILLAGE REALTY INC. and PHILLIPS INTERNATIONAL REALTY INC NICOLE VARISCO, ESQ. To: Joseph G. Dell DELL & DEAN, PLLC Attorney for Plaintiff 1225 Franklin Avenue, Suite 450 Garden City, NY 11530 (516) 880-9700 CONGDON, FLAHERTY, O'CALLAGHAN, REID, DONLON, TRAVIS & FISHLlNGER Attorney for Third-Party Defendants Pete Lamariana & Dig Enterprise, Inc. 333 Earle Ovington Boulevard, Suite 502 Uniondale, NY 11553 (516) 542-5900 ARMIENTI, DeBELLIS, GUGLIELMO & RHODEN, LLP Attorney for Third-Party Defendants Ruago, LLC d/b/a Mr. Joe's and Michael Ruggerio 170 Old Country Road, Suite 607 Mineola, NY 11501 (516) 877-1202 FILED: NASSAU COUNTY CLERK 03/22/2023 06/18/2018 01:03 07:28 PM INDEX NO. 604204/2014 NYSCEF NO. 604204/20:.4 INDEXNYSCEF: FILED: DOC. NO. 128 386 NASSLU COUNTY CLERK 08/24/2018 10:52 RM) RECEIVED 06/18/2018 03/22/2023 NYSCEF DOC. NO. t4 . RECEIVED NYSCEF: 08/25/20 I SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------x Index #: 60420:4/14 MICHAEL MESSINA, Plaintiff, VERIFIED ANSWER . -against- WITH CROSS-CLAIM MORTON VILLAGE REALTY INC. and PHILLIPS INTERNATIONAL REALTY INC. Defendants. --.,____....-.------------,----...··---->--------x Defendants, MORTON VILLAGE REALTY INC., by their attorneys PATTERSON 6 SCIARRINO, L.L.P., answering the plaintiff's Complaint herein respectfully responds as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. . DENIES HAVING KNOWLEDGE OR INFORMATION sufficient to form a belief as to each and every allegation contained in paragraphs designated FIRST, SECOND, THIRD, FOURTH, g FIFTH, ( ~ SIXTH, SEVENTH, )( EIGHTH, ~ NINTH, TENTH, ELEVENTH, g TWELFTH, THIRTEENTH, FOURTEENTH, FIFTEENTH, SIXTEENTH SEVENTEENTH, EIGHTEENTH, NINETEENTH, TWENTIETH, TWENTY-FIRST, TWENTY-SECOND, TWENTY-THIRD, TWENTY-FOURTH and TWENTY-FIFTH of ' plaintiff's Complaint. . 2. DENIES each and every allegation contained in paragraphs designated TWENTY- TWENTY-SIXTH, TWENTY-SEVENTH, EIGHTH, TWENTY-NINTH and THIRTIETH of plaintiff's Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE That if the plaintiff sustained the injuries alleged, they were caused in whole or in part through the comparative of' negligence of the plaintiff and/or the culpable conduct and negligence of the plaintiff and not through any negligence on the part of this answering defendant. AS AND__FOR A SECOND AETIRMATIVE DEFENSE Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, .care, dental care, custodial care or rehabilitative services, loss of earnings or other economic loss has been or will be with reasonable certainty replaced or indemnified in whole or in part from a collateral source as defined in Section 4545c of the the New York Civil Practico Practice Laws and Rule Rules. FILED: NASSAU COUNTY CLERK 03/22/2023 06/18/2018 01:03 07:28 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 386 128 RECEIVED NYSCEF: 03/22/2023 06/18/2018 If any damages are recoverable against this said answering defendant, the amount of such e damages shall be diminished by the amount of the funds which plaintiff has r or shall receive from such collateral sources. AS AND FOR A THIRD AFFIRMATIVE DEFENSE That whatever injuries and/or damages sustained by the plaintiff at the time and ~ place alleged ~ in the Complaint were the result of plaintiff's assumption of risk in reali7-ing r and 1 knowing the r dangers and hazards thereof r and ~ plaintiff assumed 0 all risks necessary and incidental to such an undertaking. AS ~A FOURTH AND FOR AFFIRMATIVE DEFENSE Any damages, injury and/or injuries sustained e by plaintiff were caused in whole or part ~ by plaintiff's assumption of the risk and the amount recovered, if any, should be diminished pursuant to CPLR S 1412 by the proportion which the culpable conduct attributed to the plaintiff caused the injuries and damages alleged. FOW1RAkFIRMATIVE DEFENSE The plaintiff fails to state a cause of e action upon which relief can be found. AND FOR A SIXTH AFFIRMATIVE DEFENSE The liability of this answering defendant is limited by law under the terms of Article 16 of the CPLR. AS AND AFFIBMATIVE DEFENSE That any and all risks, hazards and dangers were open, obvious and apparent, natural e and inherent and known or should have been known by the plaintiff herein, and the plaintiff assumed all such risks, hazards and defects. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE The defendant herein had no duty of care 0 plaintiff, and therefore is not liable for any alleged injuries or damages to plaintiff. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 0 FILED: NASSAU COUNTY CLERK 03/22/2023 06/18/2018 01:03 07:28 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 386 128 RECEIVED NYSCEF: 03/22/2023