Preview
FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAMES GEOFFREY, Index No.: 508174/2023
Plaintiff, DEMAND FOR A
VERIFIED BILL OF
-against- PARTICULARS AS TO
THIRD-PARTY
SMITELL LLC SMITELL B-1 LLC PLAINTIFFS
and EXTELL DEVELOPMENT COMPANY,
Defendants.
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SMITELL LLC SMITELL B-1 LLC
and EXTELL DEVELOPMENT COMPANY,
Third-Party Plaintiffs,
-against-
SUNSHINE MF II LLC and SILVERLINING
INTERIORS, INC.,
Third-Party Defendants.
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PLEASE TAKE NOTICE that pursuant CPLR §§ 3041 through 3044 the
Defendants/Third-Party Plaintiffs Smitell, LLC, Smitell B-1 LLC, and Extell Development
Company are hereby required to serve a Bill of Particulars upon the undersigned within thirty (30)
days after the receipt of this demand, setting forth, in detail, the following information:
1. Set forth the current address of Smitell, LLC.
2. Set forth the current address of Smitell B-1, LLC.
3. Set forth the current address of Extell Development Company.
4. Set forth the date upon which any contract(s) with Sunshine MF II, LLC were entered
into by Smitell, LLC.
5. Set forth the date upon which any contract(s) with Sunshine MF II, LLC were entered
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FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/16/2023
into by Smitell B-1, LLC
6. Set forth the date upon which any contract(s) with Sunshine MF II, LLC were entered
into by Extell Development Company.
7. Set forth separately a precise statement of each and every act and/or error of omission
or commission alleged constituting the negligence or recklessness of Sunshine MF II, LLC.
8. Set forth the specific terms and conditions of any contract which give rise to the third-
party claim for contract indemnification as set forth in Paragraphs “36” and “37” of the Third-
Party Complaint.
9. Set forth the specific terms and conditions of any contract which give rise to the third-
party claim for common law indemnification as set forth in Paragraphs “43” and “44” of the Third-
Party Complaint.
10. Set forth the specific terms and conditions of any contract which give rise to the third-
party claim for breach of contract as set forth in Paragraphs “57” and “58” of the Third-Party
Complaint.
11. Set forth the specific terms and conditions of any contract which give rise to the third-
party claim for common law contribution as set forth in Paragraphs “67” and “68” of the Third-
Party Complaint.
12. State the name(s) of any person on behalf of Smitell LLC who negotiated the terms of
any contract between Smitell, LLC and Sunshine MF II, LLC.
13. State the name(s) of any person on behalf of Smitell B-1, LLC who negotiated the terms
of any contract between Smitell B-1, LLC and Sunshine MF II, LLC.
14. State the name(s) of any person on behalf of Extell Development Company who
negotiated the terms of any contract between Extell Development Company and Sunshine MF II,
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LLC.
15. Set forth the amount of defense costs associated with Smitell, LLC’s defense of the
action, including all applicable hourly rates for partners, associates and paralegals working on the
file.
16. Set forth the amount of defense costs associated with Smitell B-1, LLC’s defense of
the action, including all applicable hourly rates for partners, associates and paralegals working on
the file.
17. Set forth the amount of defense costs associated with Extell Development Company’s
defense of the action, including all applicable hourly rates for partners, associates and paralegals
working on the file.
18. Set forth the amount of all damages being claimed by the third-party plaintiffs,
including attorneys’ fees, investigative costs and all other costs.
PLEASE TAKE NOTICE, that in the event that the Third-Party Plaintiffs have no
knowledge of any of the above matters, it shall be specifically stated.
PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and
that if any of the above items are attained after the date of this demand, they are to be furnished to
the undersigned pursuant to this demand. The undersigned will move to preclude said item not so
provided and/or object upon a trial of this matter to the testimony and/or introduction of any item
sought herein.
Dated: Purchase, New York
October 16, 2023
[Signature block on following page.]
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FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/16/2023
MILBER MAKRIS PLOUSADIS
& SEIDEN, LLP
By: ____________________
Elise Herlihy
Attorneys for Third-Party Defendant
Sunshine MF II, LLC
100 Manhattanville Road, Suite 4E20
Purchase, New York 10577
(914) 231-8075
File No.: 712-24998
eherlihy@milbermakris.com
TO: Timothy J. Dunn, III
REBORE, THORPE & PISARELLO, P.C.
Attorneys for Defendants/Third-Party Plaintiffs
Smitell LLC, Smittell B-1 LLC,
and Extell Development Company
500 Bi-County Blvd., Suite 102
Farmingdale, New York 11735
(631) 249-6600
Jason T. Herbert, Esq.
KRENTSEL GUZMAN HERBERT, LLP.
Attorneys for Plaintiff
17 Battery Place, Suite 604
New York, New York 10004
(212) 227-2900
SILVERLINING INTERIORS, INC.
2091 Broadway, 3rd Floor
New York, New York 10004
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Preview
FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X JAMES GEOFFREY, Index No.: 508174/2023 Plaintiff, DEMAND FOR A VERIFIED BILL OF -against- PARTICULARS AS TO THIRD-PARTY SMITELL LLC SMITELL B-1 LLC PLAINTIFFS and EXTELL DEVELOPMENT COMPANY, Defendants. -------------------------------------------------------------------X SMITELL LLC SMITELL B-1 LLC and EXTELL DEVELOPMENT COMPANY, Third-Party Plaintiffs, -against- SUNSHINE MF II LLC and SILVERLINING INTERIORS, INC., Third-Party Defendants. -------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant CPLR §§ 3041 through 3044 the Defendants/Third-Party Plaintiffs Smitell, LLC, Smitell B-1 LLC, and Extell Development Company are hereby required to serve a Bill of Particulars upon the undersigned within thirty (30) days after the receipt of this demand, setting forth, in detail, the following information: 1. Set forth the current address of Smitell, LLC. 2. Set forth the current address of Smitell B-1, LLC. 3. Set forth the current address of Extell Development Company. 4. Set forth the date upon which any contract(s) with Sunshine MF II, LLC were entered into by Smitell, LLC. 5. Set forth the date upon which any contract(s) with Sunshine MF II, LLC were entered 1 of 4 FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/16/2023 into by Smitell B-1, LLC 6. Set forth the date upon which any contract(s) with Sunshine MF II, LLC were entered into by Extell Development Company. 7. Set forth separately a precise statement of each and every act and/or error of omission or commission alleged constituting the negligence or recklessness of Sunshine MF II, LLC. 8. Set forth the specific terms and conditions of any contract which give rise to the third- party claim for contract indemnification as set forth in Paragraphs “36” and “37” of the Third- Party Complaint. 9. Set forth the specific terms and conditions of any contract which give rise to the third- party claim for common law indemnification as set forth in Paragraphs “43” and “44” of the Third- Party Complaint. 10. Set forth the specific terms and conditions of any contract which give rise to the third- party claim for breach of contract as set forth in Paragraphs “57” and “58” of the Third-Party Complaint. 11. Set forth the specific terms and conditions of any contract which give rise to the third- party claim for common law contribution as set forth in Paragraphs “67” and “68” of the Third- Party Complaint. 12. State the name(s) of any person on behalf of Smitell LLC who negotiated the terms of any contract between Smitell, LLC and Sunshine MF II, LLC. 13. State the name(s) of any person on behalf of Smitell B-1, LLC who negotiated the terms of any contract between Smitell B-1, LLC and Sunshine MF II, LLC. 14. State the name(s) of any person on behalf of Extell Development Company who negotiated the terms of any contract between Extell Development Company and Sunshine MF II, 2 2 of 4 FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/16/2023 LLC. 15. Set forth the amount of defense costs associated with Smitell, LLC’s defense of the action, including all applicable hourly rates for partners, associates and paralegals working on the file. 16. Set forth the amount of defense costs associated with Smitell B-1, LLC’s defense of the action, including all applicable hourly rates for partners, associates and paralegals working on the file. 17. Set forth the amount of defense costs associated with Extell Development Company’s defense of the action, including all applicable hourly rates for partners, associates and paralegals working on the file. 18. Set forth the amount of all damages being claimed by the third-party plaintiffs, including attorneys’ fees, investigative costs and all other costs. PLEASE TAKE NOTICE, that in the event that the Third-Party Plaintiffs have no knowledge of any of the above matters, it shall be specifically stated. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and that if any of the above items are attained after the date of this demand, they are to be furnished to the undersigned pursuant to this demand. The undersigned will move to preclude said item not so provided and/or object upon a trial of this matter to the testimony and/or introduction of any item sought herein. Dated: Purchase, New York October 16, 2023 [Signature block on following page.] 3 3 of 4 FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/16/2023 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP By: ____________________ Elise Herlihy Attorneys for Third-Party Defendant Sunshine MF II, LLC 100 Manhattanville Road, Suite 4E20 Purchase, New York 10577 (914) 231-8075 File No.: 712-24998 eherlihy@milbermakris.com TO: Timothy J. Dunn, III REBORE, THORPE & PISARELLO, P.C. Attorneys for Defendants/Third-Party Plaintiffs Smitell LLC, Smittell B-1 LLC, and Extell Development Company 500 Bi-County Blvd., Suite 102 Farmingdale, New York 11735 (631) 249-6600 Jason T. Herbert, Esq. KRENTSEL GUZMAN HERBERT, LLP. Attorneys for Plaintiff 17 Battery Place, Suite 604 New York, New York 10004 (212) 227-2900 SILVERLINING INTERIORS, INC. 2091 Broadway, 3rd Floor New York, New York 10004 4 4 of 4