Preview
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
CHRISTINE VANLEW,
EIjÃrb-
arty
Plaintiffs,
ébummong
-against-
Index No.: 2018-3085
PARKWOOD PLAZA II, LLC and CLAD REALTY, LLC,
-
Defendants.
PARKWOOD PLAZA ll, LLC,
Third-Party Plaintiff,
Third-Partygde No
-against- >o>
CORRI, INC., -r
Third Party Defendant. 99m rq
TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint of the Third-
Third-Party
Party Plaintiff, and the plaintiff's Complaint, a copy of which is hereby served upon
you, and to serve copies of your answer upon the undersigned, attorneys for Third-
plaintiff's'
Party Plaintiff, and upon attorney, Law Office of Edward P. Ryan, within
twenty (20) days after the service of the Third-Party Summons and Complaint
exclusive of the day of service (or within thirty (30) days after the service is complete
if this summons is not personally delivered to you within the State of New York). In
case of your failure to answer the Complaint of the Third-Party Plaintiff, judgment will
be taken against you by default for the relief demanded in the third-party
complaint.
Law Office of M. R&élelph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110
1 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
Dated: September 14, 2020
Latham, New York LAW OFFICE OF M. NDOLPH BELKIN
By:
SHAWN T. NASH
Attorneys for Defendant/Third-Party
Plaintiff
Office and Post Office Address
26 Century Hill Drive, Suite 202
Latham, New York 12110
(518) 785-5340
TO: CORRI, INC.
Third-Party Defendant
112 Elliott Street
Beverly, Massachusetts 01915
CHRISTOPHER P. MEYER, ESQ..
LAW OFFICE OF EDWARD P. RYAN
Attorneys for Plaintiff
38 Eagle Street
Albany, New York 12207
(518) 465-2488
Law Office of M. Randolph Belkin, 26 Century HBI Drive, Suite 202, Latham, New York 12110
2 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
CHRISTINE VANLEW,
-
EIJirb arty
Plaintiff,
Complaint
-against-
Index No.: 2018-3085
PARKWOOD PLAZA II, LLC and CLAD REALTY, LLC,
Defendants.
PARKWOOD PLAZA II, LLC,
Third-Party Plaintiff, Third-Party de$ N
-against-
CORRI, INC. coE a rq
Third Party Defendant.
The Defendant/Third-Party Plaintiff, Parkwood Plaza II, LLC, by its attorneys,
Law Office of M. Randolph, as and for their Third-Party Verified Complaint against
Third-Party Defendant, Corri, Inc., hereby alleges as follows:
1. That at all times relevant herein Defendant/Third-Party Plaintiff,
Parkwood Plaza II, LLC (hereinafter "Parkwood"), is a domestic business corporation
with its principal place of business located in Saratoga County, New York.
2. Upon information and belief, at all times relevant herein, Third-Party
Defendant, Corri, Inc., was a foreign business corporation with its principal place of
business located in Beverly, Massachusetts.
Law Office of M. F andolph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110
3 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
3. Upon information and belief, at all times relevant herein, Third-Party
Defendant, Corri, Inc., was licensed and authorized to business in the State of New
York.
4. That at all times relevant herein Parkwood was the owner and lessor of
the premises located at 1752 Route 9, Clifton Park, New York.
5. Prior to the within Third-Party action and, on or about September 20,
2018, the Plaintiff, Christine Vanlew (hereinafter "Plaintiff") filed a Summons and
Complaint with the Clerk of the County of Saratoga bearing Index No. 2018-3085,
against Defendant/Third-Party Plaintiff, Parkwood. A copy of the Summons and
Company is attached hereto as Exhibit "A".
6. After service of the Summons and Complaint in the aforesaid action,
Defendant/Third-Party Plaintiff, Parkwood , served its Answer. A copy of the Answer
of Defendant/Third-Party Plaintiff, Parkwood , is attached hereto as Exhibit "B".
7. Plaintiff's Complaint alleges, inter alia, that Plaintiff is a resident of
Saratoga County, New York.
8. Plaintiff's Complaint alleges that, on or about October 12, 2015,
Plaintiff was lawfully the rear porch landing of the Dunkin Donuts building 1752B
Route 9, Clifton Park, New York (hereinafter "Dunkin landing") when she was caused
to be precipitated to the ground , thereby sustaining severe and serious personal
injuries.
9. Plaintiff's Complaint further alleges that while she was lawfully
traversing the Dunkin landing located on the premises at 1752B Route 9, Clifton Park,
Law Office of M. Randolph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110
2
4 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
New York, she was caused to trip and fall as result of the defective, broken, and
dangerous condition of the Dunking landing and steps, thereby sustaining serious
and severe personal injuries. A copy of the Plaintiff's Verified Bill of Particulars dated
July 10, 2019 is attached hereto as Exhibit "C".
10. Plaintiff further alleges and Defendant/Third-Party Plaintiff, Parkwood,
denies that Defendant/Third-Party Plaintiff, Parkwood, that the dangerous condition
existed for such a period of time that Defendant/Third-Party Plaintiff, Parkwood,
knew or should have known that the condition existed.
11. Upon information and belief, that, on or about April 22, 2014,
Defendant/Third-Party Plaintiff, Parkwood, as landlord, and CLAD Realty, LLC, as
tenant, entered into a commercial lease agreement for space located at 1752B
Route 9 in Clifton Park, New York.
12. Upon information and belief, that, prior to October 12, 2015, CLAD
Realty, LLC made an assignment of the lease to the Third-Party Defendant, Corri,
Inc. pursuant to the lease.
13. That, pursuant to the lease, the Third-Party Defendant, Corri, Inc. as
assignee, agreed to indemnify, defend and hold harmless Defendant/Third-Party
Plaintiff, Parkwood, from any claims arising from the third-party defendant's use of
the premises.
14. That, pursuant to the lease, the Third-Party Defendant, Corri, Inc. as
assignee, agreed to name Defendant/Third-Party Plaintiff, Parkwood, as an
Law Office of M. Randolph Belkin, 26 Century Hill Drive, Suite 202, T.atham New York 12110
3
5 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
additional insured on its policies of insurance in connection with its activities at the
premises located at 1752B Route 9, Clifton Park, New York.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST
CORRI FOR CONTRACTUAL INDEMNIFICATION
15. Defendants/Third-Party Plaintiff, Parkwood, repeat and reallege each
and every allegation contained in Paragraphs 1 through 14 of this Third-Party
Complaint as if fully set forth herein.
16. Upon information and belief, pursuant to the lease said Third-Party
Defendant, Corri, Inc., as assignee, was responsible, interalia, to maintain and/or
repair any modifications to the premises located at 1752B Route 9, Clifton Park, New
York, including the Dunkin landing.
17. Upon information and belief, pursuant to the lease, said Third-Party
Defendant, Corri, Inc., as assigne, was required to, interalia, defend, indemnify, and
hold Defendant/Third-Party Plaintiff, Parkwood, harmless from all claims, demands,
attorneys'
suits, and causes of action, including fees, arising out of any claim or
dispute arising out of the use of the premises by Third-Party Defendant, Corri, Inc., as
assignee.
18. Upon information and belief, despite the language of and promises
contained in lease said Third-Party Defendant, Corri, Inc., has neglected and
refused to defend, indemnify, and hold Defendant/Third-Party Plaintiff, Parkwood,
harmless from the injuries and damages alleged by Plaintiff in the complaint herein.
19. That if Plaintiff was caused to sustain injuries and damages as alleged
in the Complaint, said injuries and damages were caused or contributed to by the
Law Office of M. Rañdelph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110
4
6 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
failure of Third-Party Defendant, Corri, Inc., to perform some or all of its obligations
under the lease, including, but not limited to, failing to maintain and/or repair any
modifications to premise located at 1752B Route 9, Clifton Park, New York, including
the Dunkin Ianding.
20. That if Plaintiff was caused to sustained injuries and damages as
alleged in the Complaint, said injuries and damages were cause through the
negligence, carelessness, or recklessness of Third-Party Defendant, Corri, Inc., its
agents, servants, employees, and/or assigns, and not through the negligence or
conduct on the part of Defendant/Third-Party Plaintiff, Parkwood.
21. That, by reason of the foregoing, Third-Party Defendant, Corri, Inc., will
be liable to Defendant/Third-Party Plaintiff, Parkwood, in such an event for the full
attorneys'
amount recovered by Plaintiff, together with all fees, costs and
disbursements.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST
CORRI FOR BREACH OF CONTRACT
22. Defendants/Third-Party Plaintiff, Parkwood, repeat and reallege each
and every allegation contained in Paragraphs 1 through 21 of this Third-Party
Complaint as if fully set forth herein.
23. Upon information and belief, pursuant to the lease, said Third-Party
as assignee, agreed to include,inter alia, Defendant/Third-
Defendant, Corri, Inc.,
Party Plaintiff, Parkwood, as an additional insured on its policies of insurance in
connection with its use of the premises located at 1752B Route 9, Clifton Park, New
York, including the Dunkin landing.
Law Office of M. Rañdalph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110
5
7 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
24. Upon information and belief, Third-Party Defendant, Corri, Inc., failed
and neglected to name Defendant/Third-Party Plaintiff, Parkwood, as an additional
insured on its policies as required by the lease and Third-Party Defendant, Corri, Inc.,
as assignee, failed to purchase the coverage and policies described is said lease,
and is thereby in breach of said lease and is liable to Defendant/Third-Party Plaintiff,
Parkwood, for any and all damages resulting therefrom and must defend and
indemnify Defendant/Third-Party Plaintiff, Parkwood, for all losses and expenses in
1 connection with the present action.
WHEREFORE, pursuant to the foregoing, Parkwood Plaza II, LLC as Defendant
and Third-Party Plaintiff, hereby demands judgment against the Third-Party
Defendant, Corri, Inc., for all costs, expenses, and disbursements, including
attorneys'
fees, incurred in the defense of the plaintiff's claims, and, furthermore, if
the plaintiff is entitled to judgment against the Defendant/Third-Party Plaintiff, said
Defendant/Third-Party Plaintiff hereby demands judgment for indemnification over
and against the Third-Party Defendant, Corri, Inc., for any and all amounts that may
be awarded against Parkwood Plaza II, LLC in favor of the plaintiff herein, together
attorneys'
with costs, disbursements, fees, and such other and further relief as the
Court may deem just and proper.
PLEASE TAKE NOTICE, that pursuant to CPLR 3402(b) the title of this action has
been changed from the title of the Plaintiff's complaint to the title of this Third-Party
Summons and Complaint.
Law Office of M. Raiidolph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110
6
8 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
Dated: September 14, 2020
Latham, New York
LAW OFFIC F M. N OLPH BELKIN
By:
SHAWN T. NASH
Attorneys for Defendant/Third-Party
Plaintiff
Office and Post Office Address
26 Century Hill Drive, Suite 202
Latham, New York 12110
(518) 785-5340
TO: CORRI, INC.
Third-Party Defendant
112 Elliott Street
Beverly, Massachusetts 01915
CHRISTOPHER P. MEYER, ESQ..
LAW OFFICE OF EDWARD P. RYAN
Attorneys for Plaintiff
38 Eagle Street
Albany, New York 12207
(518) 465-2488
Law Office of M. Randolph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110
7
9 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
FYHIRIT A
10 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
notentmasso FILED
g0 j g30g3
09202018 11:18:55 AM
INDEXNUMBERS
SaratogaCountyClerk
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
CHRISTINE VANLEW, SUMMONS
Plaintiff, Index No.:
Date Purchased:
-against-
Plaintiff designates
PARKWOOD PLAZA II, LLC, and Saratoga County
CLAD REALTY, LLC, as the place of trial.
Plaintiff resides in Saratoga County.
Defendants.
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, if the complaint is not served with this s•ammam, to serve a
notice of appearance, on the Plaintiffs Attorney within 20 days after the service of this
==:nans, exclusive of the day of service (or within 30 days after the service is complete if this
summons is not personally delivered to you within the State of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated: Albany, New York
September 14, 2018
LAW OFFIC OF EDWARD P. RYAN
By: Christ/pher P. eyer
Attorney for Plaintiff
38 Bagle Street
Albany, New York 12207
(518) 465-2488
Defendants'
Addresses:
Chad Realty, LLC
Parkwood Plaza II, LLC
100 Glen Suite 3A 4 Aston Way
Street,
12801 Massachusetts 01915
Glens Falls, New York Beverly,
11 of 34
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021
201sa12ztesto FILED
20 30 5
09/2 018 1:18:55 AM
INDEXNUMBERS
SaratogaCountyClerk
STATE OF NEW YORK
SUPREME COURT COUNTY OFSARATOGA
CHRISTINE VANLEW, COMPLAINT
Plaintiff, Index No.:
Date Purchased:
-against-
PARKWOOD PLAZA II, LLC, and
CLAD REALTY, LLC,
Defendants.
The plaintifE Christine Vanlew, by her attorney, Edward P. Ryan by Christopher P.
Meyer, as and for her Complaint, alleges as follows:
1. That the plaintiff, Christine Vanlew, was and is a resident of the Town of Clifton
Park, County of Saratoga, State of New York.
2. That at all times hereinafter mentioned, the defendant, Parkwood Plaza II, LLC,
was and is a domestic limited liability corporation d
Preview
FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA CHRISTINE VANLEW, EIjÃrb- arty Plaintiffs, ébummong -against- Index No.: 2018-3085 PARKWOOD PLAZA II, LLC and CLAD REALTY, LLC, - Defendants. PARKWOOD PLAZA ll, LLC, Third-Party Plaintiff, Third-Partygde No -against- >o> CORRI, INC., -r Third Party Defendant. 99m rq TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint of the Third- Third-Party Party Plaintiff, and the plaintiff's Complaint, a copy of which is hereby served upon you, and to serve copies of your answer upon the undersigned, attorneys for Third- plaintiff's' Party Plaintiff, and upon attorney, Law Office of Edward P. Ryan, within twenty (20) days after the service of the Third-Party Summons and Complaint exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York). In case of your failure to answer the Complaint of the Third-Party Plaintiff, judgment will be taken against you by default for the relief demanded in the third-party complaint. Law Office of M. R&élelph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110 1 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 Dated: September 14, 2020 Latham, New York LAW OFFICE OF M. NDOLPH BELKIN By: SHAWN T. NASH Attorneys for Defendant/Third-Party Plaintiff Office and Post Office Address 26 Century Hill Drive, Suite 202 Latham, New York 12110 (518) 785-5340 TO: CORRI, INC. Third-Party Defendant 112 Elliott Street Beverly, Massachusetts 01915 CHRISTOPHER P. MEYER, ESQ.. LAW OFFICE OF EDWARD P. RYAN Attorneys for Plaintiff 38 Eagle Street Albany, New York 12207 (518) 465-2488 Law Office of M. Randolph Belkin, 26 Century HBI Drive, Suite 202, Latham, New York 12110 2 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA CHRISTINE VANLEW, - EIJirb arty Plaintiff, Complaint -against- Index No.: 2018-3085 PARKWOOD PLAZA II, LLC and CLAD REALTY, LLC, Defendants. PARKWOOD PLAZA II, LLC, Third-Party Plaintiff, Third-Party de$ N -against- CORRI, INC. coE a rq Third Party Defendant. The Defendant/Third-Party Plaintiff, Parkwood Plaza II, LLC, by its attorneys, Law Office of M. Randolph, as and for their Third-Party Verified Complaint against Third-Party Defendant, Corri, Inc., hereby alleges as follows: 1. That at all times relevant herein Defendant/Third-Party Plaintiff, Parkwood Plaza II, LLC (hereinafter "Parkwood"), is a domestic business corporation with its principal place of business located in Saratoga County, New York. 2. Upon information and belief, at all times relevant herein, Third-Party Defendant, Corri, Inc., was a foreign business corporation with its principal place of business located in Beverly, Massachusetts. Law Office of M. F andolph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110 3 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 3. Upon information and belief, at all times relevant herein, Third-Party Defendant, Corri, Inc., was licensed and authorized to business in the State of New York. 4. That at all times relevant herein Parkwood was the owner and lessor of the premises located at 1752 Route 9, Clifton Park, New York. 5. Prior to the within Third-Party action and, on or about September 20, 2018, the Plaintiff, Christine Vanlew (hereinafter "Plaintiff") filed a Summons and Complaint with the Clerk of the County of Saratoga bearing Index No. 2018-3085, against Defendant/Third-Party Plaintiff, Parkwood. A copy of the Summons and Company is attached hereto as Exhibit "A". 6. After service of the Summons and Complaint in the aforesaid action, Defendant/Third-Party Plaintiff, Parkwood , served its Answer. A copy of the Answer of Defendant/Third-Party Plaintiff, Parkwood , is attached hereto as Exhibit "B". 7. Plaintiff's Complaint alleges, inter alia, that Plaintiff is a resident of Saratoga County, New York. 8. Plaintiff's Complaint alleges that, on or about October 12, 2015, Plaintiff was lawfully the rear porch landing of the Dunkin Donuts building 1752B Route 9, Clifton Park, New York (hereinafter "Dunkin landing") when she was caused to be precipitated to the ground , thereby sustaining severe and serious personal injuries. 9. Plaintiff's Complaint further alleges that while she was lawfully traversing the Dunkin landing located on the premises at 1752B Route 9, Clifton Park, Law Office of M. Randolph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110 2 4 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 New York, she was caused to trip and fall as result of the defective, broken, and dangerous condition of the Dunking landing and steps, thereby sustaining serious and severe personal injuries. A copy of the Plaintiff's Verified Bill of Particulars dated July 10, 2019 is attached hereto as Exhibit "C". 10. Plaintiff further alleges and Defendant/Third-Party Plaintiff, Parkwood, denies that Defendant/Third-Party Plaintiff, Parkwood, that the dangerous condition existed for such a period of time that Defendant/Third-Party Plaintiff, Parkwood, knew or should have known that the condition existed. 11. Upon information and belief, that, on or about April 22, 2014, Defendant/Third-Party Plaintiff, Parkwood, as landlord, and CLAD Realty, LLC, as tenant, entered into a commercial lease agreement for space located at 1752B Route 9 in Clifton Park, New York. 12. Upon information and belief, that, prior to October 12, 2015, CLAD Realty, LLC made an assignment of the lease to the Third-Party Defendant, Corri, Inc. pursuant to the lease. 13. That, pursuant to the lease, the Third-Party Defendant, Corri, Inc. as assignee, agreed to indemnify, defend and hold harmless Defendant/Third-Party Plaintiff, Parkwood, from any claims arising from the third-party defendant's use of the premises. 14. That, pursuant to the lease, the Third-Party Defendant, Corri, Inc. as assignee, agreed to name Defendant/Third-Party Plaintiff, Parkwood, as an Law Office of M. Randolph Belkin, 26 Century Hill Drive, Suite 202, T.atham New York 12110 3 5 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 additional insured on its policies of insurance in connection with its activities at the premises located at 1752B Route 9, Clifton Park, New York. AS AND FOR A FIRST CAUSE OF ACTION AGAINST CORRI FOR CONTRACTUAL INDEMNIFICATION 15. Defendants/Third-Party Plaintiff, Parkwood, repeat and reallege each and every allegation contained in Paragraphs 1 through 14 of this Third-Party Complaint as if fully set forth herein. 16. Upon information and belief, pursuant to the lease said Third-Party Defendant, Corri, Inc., as assignee, was responsible, interalia, to maintain and/or repair any modifications to the premises located at 1752B Route 9, Clifton Park, New York, including the Dunkin landing. 17. Upon information and belief, pursuant to the lease, said Third-Party Defendant, Corri, Inc., as assigne, was required to, interalia, defend, indemnify, and hold Defendant/Third-Party Plaintiff, Parkwood, harmless from all claims, demands, attorneys' suits, and causes of action, including fees, arising out of any claim or dispute arising out of the use of the premises by Third-Party Defendant, Corri, Inc., as assignee. 18. Upon information and belief, despite the language of and promises contained in lease said Third-Party Defendant, Corri, Inc., has neglected and refused to defend, indemnify, and hold Defendant/Third-Party Plaintiff, Parkwood, harmless from the injuries and damages alleged by Plaintiff in the complaint herein. 19. That if Plaintiff was caused to sustain injuries and damages as alleged in the Complaint, said injuries and damages were caused or contributed to by the Law Office of M. Rañdelph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110 4 6 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 failure of Third-Party Defendant, Corri, Inc., to perform some or all of its obligations under the lease, including, but not limited to, failing to maintain and/or repair any modifications to premise located at 1752B Route 9, Clifton Park, New York, including the Dunkin Ianding. 20. That if Plaintiff was caused to sustained injuries and damages as alleged in the Complaint, said injuries and damages were cause through the negligence, carelessness, or recklessness of Third-Party Defendant, Corri, Inc., its agents, servants, employees, and/or assigns, and not through the negligence or conduct on the part of Defendant/Third-Party Plaintiff, Parkwood. 21. That, by reason of the foregoing, Third-Party Defendant, Corri, Inc., will be liable to Defendant/Third-Party Plaintiff, Parkwood, in such an event for the full attorneys' amount recovered by Plaintiff, together with all fees, costs and disbursements. AS AND FOR A SECOND CAUSE OF ACTION AGAINST CORRI FOR BREACH OF CONTRACT 22. Defendants/Third-Party Plaintiff, Parkwood, repeat and reallege each and every allegation contained in Paragraphs 1 through 21 of this Third-Party Complaint as if fully set forth herein. 23. Upon information and belief, pursuant to the lease, said Third-Party as assignee, agreed to include,inter alia, Defendant/Third- Defendant, Corri, Inc., Party Plaintiff, Parkwood, as an additional insured on its policies of insurance in connection with its use of the premises located at 1752B Route 9, Clifton Park, New York, including the Dunkin landing. Law Office of M. Rañdalph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110 5 7 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 24. Upon information and belief, Third-Party Defendant, Corri, Inc., failed and neglected to name Defendant/Third-Party Plaintiff, Parkwood, as an additional insured on its policies as required by the lease and Third-Party Defendant, Corri, Inc., as assignee, failed to purchase the coverage and policies described is said lease, and is thereby in breach of said lease and is liable to Defendant/Third-Party Plaintiff, Parkwood, for any and all damages resulting therefrom and must defend and indemnify Defendant/Third-Party Plaintiff, Parkwood, for all losses and expenses in 1 connection with the present action. WHEREFORE, pursuant to the foregoing, Parkwood Plaza II, LLC as Defendant and Third-Party Plaintiff, hereby demands judgment against the Third-Party Defendant, Corri, Inc., for all costs, expenses, and disbursements, including attorneys' fees, incurred in the defense of the plaintiff's claims, and, furthermore, if the plaintiff is entitled to judgment against the Defendant/Third-Party Plaintiff, said Defendant/Third-Party Plaintiff hereby demands judgment for indemnification over and against the Third-Party Defendant, Corri, Inc., for any and all amounts that may be awarded against Parkwood Plaza II, LLC in favor of the plaintiff herein, together attorneys' with costs, disbursements, fees, and such other and further relief as the Court may deem just and proper. PLEASE TAKE NOTICE, that pursuant to CPLR 3402(b) the title of this action has been changed from the title of the Plaintiff's complaint to the title of this Third-Party Summons and Complaint. Law Office of M. Raiidolph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110 6 8 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 Dated: September 14, 2020 Latham, New York LAW OFFIC F M. N OLPH BELKIN By: SHAWN T. NASH Attorneys for Defendant/Third-Party Plaintiff Office and Post Office Address 26 Century Hill Drive, Suite 202 Latham, New York 12110 (518) 785-5340 TO: CORRI, INC. Third-Party Defendant 112 Elliott Street Beverly, Massachusetts 01915 CHRISTOPHER P. MEYER, ESQ.. LAW OFFICE OF EDWARD P. RYAN Attorneys for Plaintiff 38 Eagle Street Albany, New York 12207 (518) 465-2488 Law Office of M. Randolph Belkin, 26 Century Hill Drive, Suite 202, Latham, New York 12110 7 9 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 FYHIRIT A 10 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 notentmasso FILED g0 j g30g3 09202018 11:18:55 AM INDEXNUMBERS SaratogaCountyClerk STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA CHRISTINE VANLEW, SUMMONS Plaintiff, Index No.: Date Purchased: -against- Plaintiff designates PARKWOOD PLAZA II, LLC, and Saratoga County CLAD REALTY, LLC, as the place of trial. Plaintiff resides in Saratoga County. Defendants. TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this s•ammam, to serve a notice of appearance, on the Plaintiffs Attorney within 20 days after the service of this ==:nans, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Albany, New York September 14, 2018 LAW OFFIC OF EDWARD P. RYAN By: Christ/pher P. eyer Attorney for Plaintiff 38 Bagle Street Albany, New York 12207 (518) 465-2488 Defendants' Addresses: Chad Realty, LLC Parkwood Plaza II, LLC 100 Glen Suite 3A 4 Aston Way Street, 12801 Massachusetts 01915 Glens Falls, New York Beverly, 11 of 34 FILED: SARATOGA COUNTY CLERK 09/17/2020 10:34 AM INDEX NO. 20183085 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/19/2021 201sa12ztesto FILED 20 30 5 09/2 018 1:18:55 AM INDEXNUMBERS SaratogaCountyClerk STATE OF NEW YORK SUPREME COURT COUNTY OFSARATOGA CHRISTINE VANLEW, COMPLAINT Plaintiff, Index No.: Date Purchased: -against- PARKWOOD PLAZA II, LLC, and CLAD REALTY, LLC, Defendants. The plaintifE Christine Vanlew, by her attorney, Edward P. Ryan by Christopher P. Meyer, as and for her Complaint, alleges as follows: 1. That the plaintiff, Christine Vanlew, was and is a resident of the Town of Clifton Park, County of Saratoga, State of New York. 2. That at all times hereinafter mentioned, the defendant, Parkwood Plaza II, LLC, was and is a domestic limited liability corporation d