Preview
FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 09/08/2023
EXHIBIT I
FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210
NYSCEF
I'ILED DOC.
: NO. CHESS
DUS 96 COUNTY CLERK 01/2 4 / 2020 INDEXNYSCEF:
RECEIVED NO. 2015-52'210
09/08/2023
03: 35 PM|
NYSCEF DOC. NC 39 RECEIVED NYSCEF: 01/24/2020
SUPRE IE COURT OF THE STATE OF NEW YORK
'
COUN-I OF DUTCHESS
-~~~~x
KENNETH GAROFOLO and JENNIFER GAROFOLO,
. ACTION # 1
Plaintiffs,
Index No.: 2015-52210
-agamst-
DEVIN . CARPENTER, PREFERRED GROUP OF
MANHATTAN, INC., CONSOLIDATED RAIL
CORPORATION and CSX TRANSPORTATION, INC.,
THIRD-PARTY
Defendants. SUMMONS
DEVINJ CARPENTER,
Third-Party Plaintiff,
ACTION # 2
against-
Index No.:
THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP, Date Purchased:
INC. defa MAHONEY'S IRISH PUB & STEAKHOUSE,
P.O.K. THIN STATION, LLC, P.O.K. TRAIN STATION,
LLC d/bfa MAHONEY'S IRISH PUB & STEAKHOUSE and
MAHONEY'S IRISH PUB & STEAKHOUSE,
Third-Party Defendants.
To the above named Third-Party Defendant:
You are hereby
summoned and required to serve upon defendant/third-party
plaintiff, an Answer to the annexed Complaint of the defendant/third-party plaintiff, which is
hetewith served upon you together with all prior pleadings in this action, upon MAINETTI &
MAINETTl, P.C., as attorneys for DEVIN.J. CARPENTER, at 130 North Front Street, Kingston,
New York 12401, Jonna Spilbor Law, as attorneys for plaintiffs, KENNETH GAROFOLO and
JENNIFER GAROFOLO, at 214 Main Street, Poughkeepsie, NewYork12601 and Landsman Corsi
Ballaine 6± Ford, P.C., attorneys for defendants, CONSOLIDATED RAll CORPORATION and
27'h
CSX TRANSPORTATION, INC., at120 Broadway, Floor, Ne w York, New York10271,within
twenty (20) days after service thereof, exclusive of the date of service or within thirty (30) days
after service is complete if service is made personal
by any method other than delivery upon you
within the State of New York. In case of your failure to Answer the Complaint of the
defendant/Third-party plaintiff,judgment willbe taken against you by defaultforthereliefsought
in the defendant/third-party plaintiff's Complaint.
Dated: Kingston, New York
.-----
January 23, 2020
MICHAEL A. MAINETTl, ESQ.
MAINETTI & MAINETTl, P.C.
ttorneys for
1 e Plaintiff(s)
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130 N. Front Street
Kingston, New York 12401
(845) 600 0000
TO: TIIE LAST TRAIN STOP, INC.
35 Main Street
Poughkeepsie, New York (2601
T E LAST TRAIN STOP, INC. d/b/a
MAHONEY'S IRISH PUB & STEAKHOUSE
35 Main Street
Poughkeepsic, New York 12601
P.O.K. TRAIN STATION, LLC
35 Main Street
Poughkeepsic, New York 12601
P.O.K. TRAIN STATION, LLC d/b/a
MAHONEY'S IRISH PUB & STEAKHOUSE
35 Main Street
Poughkeepsic, New York 12601
MAHONEY'S lRISH PUB & STEAKHOUSE
35 Main Street
Poughkeepsic, New York 12601
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
~~~~~~~~~--~~._.~~..~..---~.~~~.----.~~Ç
KENNETH GAROFOLO and JENNIFER
GAROFOLO, ACTION #1
Index No.: 2015-52210
Plaintiffs,
-against-
DEVIN J. CARPENTER, PREFERRED GROUP OF
MANHATTAN, INC.,
THIRD-PARTY
CONSOLIDATED RAIL CORPORATION and
COMPLAINT
CSX TRANSPORTATION, INC.
Defendants.
~~-~~-~~-~.---~~~~-~~--~~~--~~.~~-~~----Ç
DEVIN J. CARPENTER, ACTION # 2
Third-Party Plaintiff, Index No.:
Date Purchased:
-against-
THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP,
INC. d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE,
P.O.K. TRAIN STATION, LLC, P.O.K. TRAIN STATION,
LLC d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE and
MAHONEY'S IRISH PUB & STEAKHOUSE,
Third-Party Defendants.
~~~~~~--~~--~.~.~~~-~~.~.~..--------~~Ç
D fendant, third-party plaintiff, DEVIN J. CARPENTER, by his attorneys,
MAINETTI Est MAINETTI, P. C., as and for a third-party Complaint, respectfully alleges
as follows, upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
L A all times hereinafter mentioned the plaintiff, DEVIN J. CARPENTER, was and
still is a resident of the County of Dutchess and State ofNew York.
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2. At all times herein mentioned, THE LAST TRAIN was and
defendant, STOP, INC.,
still is a corporation organized and under the laws of the State of New York
existing
with its principal place of business situated in the of and the
County Dutchess,
Sthte of New York.
3. At all times herein mentioned, THE LAST TRAIN STOP, INC., was and
defendant,
still is a foreign corporation licensed and authorized to do business in the State
duly
of ew York.
4. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,
conducted and carried on business in the of Dutchess and the State of New
County
York.
5. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., was
and still is a partnership business in the of Dutchess and the State of
doing County
New York.
6. Acall times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., was
and still is a limited business in the County of Dutchess
liability partnership doing
anid the State of New York.
7. AEall times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., was
an a still is a limited corporation business in the County of Dutchess
liability doing
and the State of New York.
8. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., was
and still is a domestic limited corporation business in the County of
liability doing
Dutchess and the State of New York.
..
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9. Tlie defendant, THE LAST TRAIN STOP, INC., at all times herein mentioned was
ard still is a sole business in the Countyof Dutchessand the
proprietorship doing
Stâte of New York.
10. At all times herein mentioned, defendant, THE LAST TRAIN STOP, INC.,
transacted business within the State of New York.
11. At all times herein mentioned, defendant, THE LAST TRAIN STOP, INC., derived
substantial revenue fromgoods used or consumed or services rendered in the State
of New York.
12. At all times herein mentioned, defendant, THE LAST TRAIN STOP, INC., derived
substantial revenue from interstate or international commerce.
13. At all times herein mentioned, defendant, THE LAST TRAIN STOP, INC., expected
or should have expected its acts to have consequences in the State of
reasonably
New York.
14. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,
ov ned the premises located at35 Main Street, Poughkeepsie, New York 12601.
15. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,was
one of the owners of the premises located at 35 Main Street, Poughkeepsie, New
Ycrk 12601.
16. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., was
a 1 ssee of the premises located at 35 Main Street, Poughkeepsie, New York 12601.
17. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,
de endant'sservants, agents and/or employees operated the premises locatedat35
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Main Street, Poughkeepsie, New York 12601.
18. A all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,
defendant's servants, agents and/or employees maintained the premises located at
35 Main Street, Poughkeepsie, New York 12601.
19. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,
ddfendant's servants, agents and/or employees managed the premises located at 35
M ain Street, Poughkeepsic, New York 12601.
20. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,
defendant sservants,agentsand/oremployeeseontrolled thepremises located at 35
Main Street, Poughkeepsic, New York 12601.
21. At; all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,
defendant's servants, agents and/or employees supervised the premises located at
35hdain Street, Poughkeepsie, New York 1260L
22. A all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,
defendant's servants, agents and/or employees repaired the premises located at 35
Main Street, Poughkeepsic, New York 1260L
23. At all tim.es herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,
defendant s servants, agents and/or employeesinspected the premises located at 35
Main Street, Poughkeepsic, New York 12601.
24. Ats all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,
defendant's servants, agents and/or employees constructed the premises located at
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35 Main Street, Poughkeepsie, New York 12601.
25. At all times herein mentioned, the THE LAST
defendant, TRAINSTOP, INC.,
defendant's servants, agents and/or employees designed the premises located at 35
Main Street, Poughkeepsie, New York 12601.
26. AE all times herein mentioned, it was the of the THE LAST TRAIN
duty defendant,
STOP, INC., defendant's servants, agents and/or employees to maintain said
premises located at 35 Main Street, Poughkeepsie, New York 12601, in a reasonably
safe and suitable condition and in good repair.
27. OF or about
February 20, 2019, the defendant, THE LAST TRAIN STOP, INC.,
failed to maintain their in a safe condition and failed to provide a safe and
property
proper means of entrance and/or egress at said premises so as to prevent accidents
and the incident which occurred herein.
28. That priorhereto, plaintiffs, KENNETH GAROFOLO andjENNIFER G AROFOLO,
commenced an action against defendant/third-party plaintiff, DEVIN J.
"A"
CARPENTER. A copy of the plaintiff's complaint is annexed hereto as Exhibit
an made a part hereof and incorporated reference as if fully set forth at length
by
he ein without or the truth of allegations of said
admitting conceding any
Complaint.
29. That plaintiff's Complaint alleges that sustained certain injuries and damages
they
when an assault occurred at the aforementioned premises, suffering injury on or
ab ut November 22, 2014 at the premises/parking lot area of THE LAST TRAIN
SfOP, INC. , located at 35 Main Street, Poughkeepsie, New York 12601.
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30. T at the DEVINJ.
defendant/third-party plaintiff, CARPENTER, has denied all of
the material allegations contained within the plaintiff's Complaint. A copy of
d "B"
fendant/third-party plaintiff's Verified Answer is annexed hereto as Exhibit
a d made a part hereof and incorporated reference as if more set forth at
by fully
leÂgth herein.
3L Tllat the area in which the plaintiff alleges his incident took place was operated,
mhintained, managed, controlled, and/or supervised by the third-party defendant,
T IE LAST TRAIN STOP, INC. , its agents, servants and/or employees.
32. T at if the plaintiff sustained the injuries and damages as alleged in their
C mplaint, through any fault or negligence other than the negligence of the
pl intiffs, and it is determined that a dangerous condition existed as alleged by
pl intiffs, then such injuries resulted from the active, affirmative and primary
solely
negligence of the third-party defendant, THE LAST TRAIN STOP, INC.,its agents,
seÉvants and/or employees in operating, maintaining, and controlling the
directing
are;a where plaintiff's assault occurred; in failing to take such necessary
allegedly
pr cautions to avoid the occurrence complained of herein; in negligent hiring of its
ag7nts, servant and/or employees; in negligent of its agents, servant and/or
training
eniployees;in the negligent supervision of its agents, servant and/or employees; and
in kausing, and its agents, servants and/or employees to use
allowing permitting
ph ysical force at the aforementioned location;in failing to properly perform its work
in safe, proper and workmanlike manner, in failing to properly hire, train, manage
and otherwise supervise its agents, servants and/oremployees, and in to take
failing
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th ose precautions to avoid the occurrence complained of.
necessary
33. That reason of the DEVIN
by foregoing, defendant/third-party plaintiff, J.
CARPENTER,is entitled to common lawindemnification and/or contribution from
an d against third THE LAST TRAIN
-party defendant,
Preview
FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 09/08/2023 EXHIBIT I FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210 NYSCEF I'ILED DOC. : NO. CHESS DUS 96 COUNTY CLERK 01/2 4 / 2020 INDEXNYSCEF: RECEIVED NO. 2015-52'210 09/08/2023 03: 35 PM| NYSCEF DOC. NC 39 RECEIVED NYSCEF: 01/24/2020 SUPRE IE COURT OF THE STATE OF NEW YORK ' COUN-I OF DUTCHESS -~~~~x KENNETH GAROFOLO and JENNIFER GAROFOLO, . ACTION # 1 Plaintiffs, Index No.: 2015-52210 -agamst- DEVIN . CARPENTER, PREFERRED GROUP OF MANHATTAN, INC., CONSOLIDATED RAIL CORPORATION and CSX TRANSPORTATION, INC., THIRD-PARTY Defendants. SUMMONS DEVINJ CARPENTER, Third-Party Plaintiff, ACTION # 2 against- Index No.: THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP, Date Purchased: INC. defa MAHONEY'S IRISH PUB & STEAKHOUSE, P.O.K. THIN STATION, LLC, P.O.K. TRAIN STATION, LLC d/bfa MAHONEY'S IRISH PUB & STEAKHOUSE and MAHONEY'S IRISH PUB & STEAKHOUSE, Third-Party Defendants. To the above named Third-Party Defendant: You are hereby summoned and required to serve upon defendant/third-party plaintiff, an Answer to the annexed Complaint of the defendant/third-party plaintiff, which is hetewith served upon you together with all prior pleadings in this action, upon MAINETTI & MAINETTl, P.C., as attorneys for DEVIN.J. CARPENTER, at 130 North Front Street, Kingston, New York 12401, Jonna Spilbor Law, as attorneys for plaintiffs, KENNETH GAROFOLO and JENNIFER GAROFOLO, at 214 Main Street, Poughkeepsie, NewYork12601 and Landsman Corsi Ballaine 6± Ford, P.C., attorneys for defendants, CONSOLIDATED RAll CORPORATION and 27'h CSX TRANSPORTATION, INC., at120 Broadway, Floor, Ne w York, New York10271,within twenty (20) days after service thereof, exclusive of the date of service or within thirty (30) days after service is complete if service is made personal by any method other than delivery upon you within the State of New York. In case of your failure to Answer the Complaint of the defendant/Third-party plaintiff,judgment willbe taken against you by defaultforthereliefsought in the defendant/third-party plaintiff's Complaint. Dated: Kingston, New York .----- January 23, 2020 MICHAEL A. MAINETTl, ESQ. MAINETTI & MAINETTl, P.C. ttorneys for 1 e Plaintiff(s) FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210 NO. 2015-52 INDEX 10 FILED DOC. NYSCEF : DU NO. bHESS 96 COUNTY CLERK 01/2 4 /2020 03 : 35 PM| RECEIVED NYSCEF: 09/08/2023 NYSCEF DOC. N 39 RECEIVED NYSCEF: 01/24/2 20 130 N. Front Street Kingston, New York 12401 (845) 600 0000 TO: TIIE LAST TRAIN STOP, INC. 35 Main Street Poughkeepsie, New York (2601 T E LAST TRAIN STOP, INC. d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE 35 Main Street Poughkeepsic, New York 12601 P.O.K. TRAIN STATION, LLC 35 Main Street Poughkeepsic, New York 12601 P.O.K. TRAIN STATION, LLC d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE 35 Main Street Poughkeepsic, New York 12601 MAHONEY'S lRISH PUB & STEAKHOUSE 35 Main Street Poughkeepsic, New York 12601 2 of 45 FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210 FILED DOC. NO. 2HESS NO. 2015-52'210 INDEXNYSCEF: NYSCEF : DU 96 COUNTY CLERK 01 / 2 4 / 2 02 0 03 : 35 PM| RECEIVED 09/08/2023 NYSCEF DOC. N . 39 RECEIVED NYSCEF: 01/24/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ~~~~~~~~~--~~._.~~..~..---~.~~~.----.~~Ç KENNETH GAROFOLO and JENNIFER GAROFOLO, ACTION #1 Index No.: 2015-52210 Plaintiffs, -against- DEVIN J. CARPENTER, PREFERRED GROUP OF MANHATTAN, INC., THIRD-PARTY CONSOLIDATED RAIL CORPORATION and COMPLAINT CSX TRANSPORTATION, INC. Defendants. ~~-~~-~~-~.---~~~~-~~--~~~--~~.~~-~~----Ç DEVIN J. CARPENTER, ACTION # 2 Third-Party Plaintiff, Index No.: Date Purchased: -against- THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP, INC. d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE, P.O.K. TRAIN STATION, LLC, P.O.K. TRAIN STATION, LLC d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE and MAHONEY'S IRISH PUB & STEAKHOUSE, Third-Party Defendants. ~~~~~~--~~--~.~.~~~-~~.~.~..--------~~Ç D fendant, third-party plaintiff, DEVIN J. CARPENTER, by his attorneys, MAINETTI Est MAINETTI, P. C., as and for a third-party Complaint, respectfully alleges as follows, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION L A all times hereinafter mentioned the plaintiff, DEVIN J. CARPENTER, was and still is a resident of the County of Dutchess and State ofNew York. 3 of 45 FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210 NO. 2015-52;:10 INDEXNYSCEF: |FILED DOC. NYSCEF : NO. ÙHESS DU'I 96 COUNTY CLERK 01 / 2 4 /2 02 0 03 : 35 PM| RECEIVED 09/08/2023 NYSCEF DOC. NC 39 RECEIVED NYSCEF: 01/24/2020 2. At all times herein mentioned, THE LAST TRAIN was and defendant, STOP, INC., still is a corporation organized and under the laws of the State of New York existing with its principal place of business situated in the of and the County Dutchess, Sthte of New York. 3. At all times herein mentioned, THE LAST TRAIN STOP, INC., was and defendant, still is a foreign corporation licensed and authorized to do business in the State duly of ew York. 4. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., conducted and carried on business in the of Dutchess and the State of New County York. 5. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., was and still is a partnership business in the of Dutchess and the State of doing County New York. 6. Acall times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., was and still is a limited business in the County of Dutchess liability partnership doing anid the State of New York. 7. AEall times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., was an a still is a limited corporation business in the County of Dutchess liability doing and the State of New York. 8. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., was and still is a domestic limited corporation business in the County of liability doing Dutchess and the State of New York. .. 4 of 45 FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210 INDEXNYSCEF: NO. 2015-57210 FILED DOC. NYSCEF : NO. 2HESS DUS 96 C OUNTY CLERK 01/2 4 /202 0 03 : 35 PM| RECEIVED 09/08/2023 NYSCEF DOC. No 39 RECEIVED NYSCEF: 01/24/ 020 9. Tlie defendant, THE LAST TRAIN STOP, INC., at all times herein mentioned was ard still is a sole business in the Countyof Dutchessand the proprietorship doing Stâte of New York. 10. At all times herein mentioned, defendant, THE LAST TRAIN STOP, INC., transacted business within the State of New York. 11. At all times herein mentioned, defendant, THE LAST TRAIN STOP, INC., derived substantial revenue fromgoods used or consumed or services rendered in the State of New York. 12. At all times herein mentioned, defendant, THE LAST TRAIN STOP, INC., derived substantial revenue from interstate or international commerce. 13. At all times herein mentioned, defendant, THE LAST TRAIN STOP, INC., expected or should have expected its acts to have consequences in the State of reasonably New York. 14. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., ov ned the premises located at35 Main Street, Poughkeepsie, New York 12601. 15. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC.,was one of the owners of the premises located at 35 Main Street, Poughkeepsie, New Ycrk 12601. 16. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., was a 1 ssee of the premises located at 35 Main Street, Poughkeepsie, New York 12601. 17. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., de endant'sservants, agents and/or employees operated the premises locatedat35 5 of 45 FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210 |FILED: DOC. DUT 2HESS POUNTY CLERK 01/24 INDEXNYSCEF: NO. 2015-52210 NYSCEF NO. 96 /2020 03 : 35 PM| RECEIVED 09/08/2023 NYSCEF DOC. No. 39 RECEIVED NYSCEF: 01/24/2320 Main Street, Poughkeepsie, New York 12601. 18. A all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., defendant's servants, agents and/or employees maintained the premises located at 35 Main Street, Poughkeepsie, New York 12601. 19. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., ddfendant's servants, agents and/or employees managed the premises located at 35 M ain Street, Poughkeepsic, New York 12601. 20. At all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., defendant sservants,agentsand/oremployeeseontrolled thepremises located at 35 Main Street, Poughkeepsic, New York 12601. 21. At; all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., defendant's servants, agents and/or employees supervised the premises located at 35hdain Street, Poughkeepsie, New York 1260L 22. A all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., defendant's servants, agents and/or employees repaired the premises located at 35 Main Street, Poughkeepsic, New York 1260L 23. At all tim.es herein mentioned, the defendant, THE LAST TRAIN STOP, INC., defendant s servants, agents and/or employeesinspected the premises located at 35 Main Street, Poughkeepsic, New York 12601. 24. Ats all times herein mentioned, the defendant, THE LAST TRAIN STOP, INC., defendant's servants, agents and/or employees constructed the premises located at 6 of 45 FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210 NO. 2015-52::10 INDEXNYSCEF: NYSCEF (FILED: DOC. DUTHHESS NO. 96 EOUNTY CLERK 01/ 2 4 / 2 02 O 03 :35 PM) RECEIVED 09/08/2023 NYSCEF DOC. NC 39 RECEIVED NYSCEF: 01/24/2n20 35 Main Street, Poughkeepsie, New York 12601. 25. At all times herein mentioned, the THE LAST defendant, TRAINSTOP, INC., defendant's servants, agents and/or employees designed the premises located at 35 Main Street, Poughkeepsie, New York 12601. 26. AE all times herein mentioned, it was the of the THE LAST TRAIN duty defendant, STOP, INC., defendant's servants, agents and/or employees to maintain said premises located at 35 Main Street, Poughkeepsie, New York 12601, in a reasonably safe and suitable condition and in good repair. 27. OF or about February 20, 2019, the defendant, THE LAST TRAIN STOP, INC., failed to maintain their in a safe condition and failed to provide a safe and property proper means of entrance and/or egress at said premises so as to prevent accidents and the incident which occurred herein. 28. That priorhereto, plaintiffs, KENNETH GAROFOLO andjENNIFER G AROFOLO, commenced an action against defendant/third-party plaintiff, DEVIN J. "A" CARPENTER. A copy of the plaintiff's complaint is annexed hereto as Exhibit an made a part hereof and incorporated reference as if fully set forth at length by he ein without or the truth of allegations of said admitting conceding any Complaint. 29. That plaintiff's Complaint alleges that sustained certain injuries and damages they when an assault occurred at the aforementioned premises, suffering injury on or ab ut November 22, 2014 at the premises/parking lot area of THE LAST TRAIN SfOP, INC. , located at 35 Main Street, Poughkeepsie, New York 12601. 7 of 45 FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210 FILED: DOC. DUT NYSCEF NO. 96 HESS OUNTY INDEXNYSCEF: RECEIVED NO. 2015-52:10 09/08/2023 CLERK 01/ 2 4 / 2 02 0 03 : 35 PM) NYSCEF DOC. NC. 39 . RECEIVED NYSCEF: 01/24/2(20 30. T at the DEVINJ. defendant/third-party plaintiff, CARPENTER, has denied all of the material allegations contained within the plaintiff's Complaint. A copy of d "B" fendant/third-party plaintiff's Verified Answer is annexed hereto as Exhibit a d made a part hereof and incorporated reference as if more set forth at by fully leÂgth herein. 3L Tllat the area in which the plaintiff alleges his incident took place was operated, mhintained, managed, controlled, and/or supervised by the third-party defendant, T IE LAST TRAIN STOP, INC. , its agents, servants and/or employees. 32. T at if the plaintiff sustained the injuries and damages as alleged in their C mplaint, through any fault or negligence other than the negligence of the pl intiffs, and it is determined that a dangerous condition existed as alleged by pl intiffs, then such injuries resulted from the active, affirmative and primary solely negligence of the third-party defendant, THE LAST TRAIN STOP, INC.,its agents, seÉvants and/or employees in operating, maintaining, and controlling the directing are;a where plaintiff's assault occurred; in failing to take such necessary allegedly pr cautions to avoid the occurrence complained of herein; in negligent hiring of its ag7nts, servant and/or employees; in negligent of its agents, servant and/or training eniployees;in the negligent supervision of its agents, servant and/or employees; and in kausing, and its agents, servants and/or employees to use allowing permitting ph ysical force at the aforementioned location;in failing to properly perform its work in safe, proper and workmanlike manner, in failing to properly hire, train, manage and otherwise supervise its agents, servants and/oremployees, and in to take failing 8 of 45 FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM INDEX NO. 2015-52210 NO. 2015-52::10 INDEX FILED: DOC. DUˆ:HESS NYSCEF NO. 96 COUNTY CLERK 01 / 2 4 / 2 02 0 03 : 35 PM| RECEIVED NYSCEF: 09/08/2023 NYSCEF DOC. NC 39 RECEIVED NYSCEF: 01/24/2020 th ose precautions to avoid the occurrence complained of. necessary 33. That reason of the DEVIN by foregoing, defendant/third-party plaintiff, J. CARPENTER,is entitled to common lawindemnification and/or contribution from an d against third THE LAST TRAIN -party defendant,