Preview
FILED: KINGS COUNTY CLERK 10/27/2023 01:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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CAROLINE RULLAN, VERIFIED ANSWER TO
CROSS-CLAIMS OF
Plaintiff, DEFENDANT/THIRD-PARTY
DEFENDANT CITYSCAPE
-against- BUILDERS, LLC
ITA SHIMON, JACOB SHIMON, CITYSCAPE Index No.: 532721/2021
BUILDERS, LLC, MEYER FRANK AND ESTHER
FEIGA FRANK,
Defendants.
-------------------------------------------------------------- X
IT SHIMON AND JACOB SHIMON,
Third-Party Plaintiffs,
-against-
CITYSCAPE BUILDERS, LLC,
Third-Party Defendant.
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IT SHIMON AND JACOB SHIMON,
Second Third-Party
Plaintiffs,
-against-
MEYER FRANK AND ESTHER FEIGA FRANK,
Second Third-Party
Defendants.
---------------------------------------------------------------------X
The Defendants/Third-Party Plaintiffs/Second Third-Party Plaintiffs, ITA SHIMON AND
JACOB SHIMON, by their attorneys, GORDON REES SCULLY MANSUKHANI, LLP,
answering the Defendant/ Third-Party Defendant CROSS-CLAIMS herein, respectfully alleges
upon information and belief:
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FILED: KINGS COUNTY CLERK 10/27/2023 01:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/27/2023
AS AND FOR A RESPONSE TO THE FIRST CROSSCLAIM
AGAINST ITA SHIMON AND JACOB SHIMON
1. Denies each and every each and every allegation contained in the paragraphs
designated as follows:
“14”, “15” and “16”.
AS AND FOR A RESPONSE TO THE SECOND CROSSCLAIM
AGAINST ITA SHIMON AND JACOB SHIMON
2. Denies each and every each and every allegation contained in the paragraphs
designated as follows:
“17” and “18”.
WHEREFORE, Defendants/Third-Party Plaintiffs/Second Third-Party Plaintiffs, ITA
SHIMON and JACOB SHIMON, demand judgment dismissing the CrossClaims of Defendant/
Third-Party Defendants, in their entirety together with such other and further relief as to this
Court deems just and proper.
Dated: Harrison, New York
October 27, 2023
_L ynn A belson L iebman
LYNN ABELSON LIEBMAN
GORDON REES SCULLY
MANSUKHANI, LLP
Attorneys for Defendants/Third-Party
Plaintiffs/Second Third-Party Plaintiffs
ITA SHIMON AND JACOB SHIMON
500 Mamaroneck Avenue, Suite 503
Harrison, New York 10528
(914) 777-2225
File No.: 1308686
lliebman@grsm.com
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FILED: KINGS COUNTY CLERK 10/27/2023 01:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/27/2023
TO:
Via NYSCEF E-File
MICHAEL M. GOLDBERG
Attorneys for Plaintiff
CAROLINE RULLAN
265 Sunrise Highway, Suite 32
Rockville Centre, New York 11570
(212) 481-0011
mgoldberg@softtissuelawyer.com
Gail J. McNally, Esq.
HANNUM FERETIC PRENDERGAST
& MERLINO, LLC
Attorneys for Defendant/Third-Party Defendant
CITYSCAPE BUILDERS LLC
55 Broadway, Suite 202
New York, New York 10006
(212) 530-3900
gmcnally@hfpmlaw.com
Abbie Eliasberg Fuchs, Esq.
HARRIS BEACH PLLC
Attorneys for Defendants/Second
Third-Party Defendants
MEYER FRANK and
ESTHER FEIGA FRANK
100 Wall Street, 23rd Floor
New York, New York 10005
(212) 687-0100
afuchs@harrisbeach.com
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FILED: KINGS COUNTY CLERK 10/27/2023 01:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/27/2023
ATTORNEY VERIFICATION
The undersigned, under the penalties of perjury, affirms:
That she is LYNN ABELSON LIEBMAN, of counsel to the firm of GORDON REES
SCULLY MANSUKHANI, LLP, that she has read the foregoing papers and the same are true to
his knowledge, except those matters therein which are stated to be alleged on information and
belief, and as to those matters, he believes them to be true; that the grounds and sources of such
belief are matters contained in this firm's file, as well as conferences had between this affirmant
and representatives of the defendant(s); and that the reason this affirmation is not made by the
party is that said party is not in the county where affirmant has his office.
Dated: Harrison, New York
October 27, 2023
L ynn A belson L iebman
LYNN ABELSON LIEBMAN
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FILED: KINGS COUNTY CLERK 10/27/2023 01:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/27/2023
AFFIRMATION OF SERVICE
Lynn Abelson Liebman, an attorney duly admitted to practice law before the Courts of
the State of New York, affirms the truth of the following, under the penalties of perjury: I am not
a party to this action, am over 18 years of age and reside in Westchester County in the State of
New York.
On October 27, 2023, I had a member of my firm’s administrative staff serve the within
VERIFIED ANSWER TO CROSS-CLAIMS OF DEFENDANT/THIRD-PARTY
DEFENDANT CITYSCAPE BUILDERS, LLC, upon the parties herein stated below by E-
FILING to the following:
Via NYSCEF E-File
MICHAEL M. GOLDBERG
Attorneys for Plaintiff
CAROLINE RULLAN
265 Sunrise Highway, Suite 32
Rockville Centre, New York 11570
(212) 481-0011
mgoldberg@softtissuelawyer.com
Gail J. McNally, Esq.
HANNUM FERETIC PRENDERGAST
& MERLINO, LLC
Attorneys for Defendant/Third-Party Defendant
CITYSCAPE BUILDERS LLC
55 Broadway, Suite 202
New York, New York 10006
(212) 530-3900
gmcnally@hfpmlaw.com
Abbie Eliasberg Fuchs, Esq.
HARRIS BEACH PLLC
Attorneys for Defendants/Second
Third-Party Defendants
MEYER FRANK and
ESTHER FEIGA FRANK
100 Wall Street, 23rd Floor
New York, New York 10005
(212) 687-0100
afuchs@harrisbeach.com
L ynn A belson L iebman
Lynn Abelson Liebman
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Preview
FILED: KINGS COUNTY CLERK 10/27/2023 01:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------ X CAROLINE RULLAN, VERIFIED ANSWER TO CROSS-CLAIMS OF Plaintiff, DEFENDANT/THIRD-PARTY DEFENDANT CITYSCAPE -against- BUILDERS, LLC ITA SHIMON, JACOB SHIMON, CITYSCAPE Index No.: 532721/2021 BUILDERS, LLC, MEYER FRANK AND ESTHER FEIGA FRANK, Defendants. -------------------------------------------------------------- X IT SHIMON AND JACOB SHIMON, Third-Party Plaintiffs, -against- CITYSCAPE BUILDERS, LLC, Third-Party Defendant. -------------------------------------------------------------------- X IT SHIMON AND JACOB SHIMON, Second Third-Party Plaintiffs, -against- MEYER FRANK AND ESTHER FEIGA FRANK, Second Third-Party Defendants. ---------------------------------------------------------------------X The Defendants/Third-Party Plaintiffs/Second Third-Party Plaintiffs, ITA SHIMON AND JACOB SHIMON, by their attorneys, GORDON REES SCULLY MANSUKHANI, LLP, answering the Defendant/ Third-Party Defendant CROSS-CLAIMS herein, respectfully alleges upon information and belief: 1 of 5 FILED: KINGS COUNTY CLERK 10/27/2023 01:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/27/2023 AS AND FOR A RESPONSE TO THE FIRST CROSSCLAIM AGAINST ITA SHIMON AND JACOB SHIMON 1. Denies each and every each and every allegation contained in the paragraphs designated as follows: “14”, “15” and “16”. AS AND FOR A RESPONSE TO THE SECOND CROSSCLAIM AGAINST ITA SHIMON AND JACOB SHIMON 2. Denies each and every each and every allegation contained in the paragraphs designated as follows: “17” and “18”. WHEREFORE, Defendants/Third-Party Plaintiffs/Second Third-Party Plaintiffs, ITA SHIMON and JACOB SHIMON, demand judgment dismissing the CrossClaims of Defendant/ Third-Party Defendants, in their entirety together with such other and further relief as to this Court deems just and proper. Dated: Harrison, New York October 27, 2023 _L ynn A belson L iebman LYNN ABELSON LIEBMAN GORDON REES SCULLY MANSUKHANI, LLP Attorneys for Defendants/Third-Party Plaintiffs/Second Third-Party Plaintiffs ITA SHIMON AND JACOB SHIMON 500 Mamaroneck Avenue, Suite 503 Harrison, New York 10528 (914) 777-2225 File No.: 1308686 lliebman@grsm.com 2 of 5 FILED: KINGS COUNTY CLERK 10/27/2023 01:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/27/2023 TO: Via NYSCEF E-File MICHAEL M. GOLDBERG Attorneys for Plaintiff CAROLINE RULLAN 265 Sunrise Highway, Suite 32 Rockville Centre, New York 11570 (212) 481-0011 mgoldberg@softtissuelawyer.com Gail J. McNally, Esq. HANNUM FERETIC PRENDERGAST & MERLINO, LLC Attorneys for Defendant/Third-Party Defendant CITYSCAPE BUILDERS LLC 55 Broadway, Suite 202 New York, New York 10006 (212) 530-3900 gmcnally@hfpmlaw.com Abbie Eliasberg Fuchs, Esq. HARRIS BEACH PLLC Attorneys for Defendants/Second Third-Party Defendants MEYER FRANK and ESTHER FEIGA FRANK 100 Wall Street, 23rd Floor New York, New York 10005 (212) 687-0100 afuchs@harrisbeach.com 3 of 5 FILED: KINGS COUNTY CLERK 10/27/2023 01:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/27/2023 ATTORNEY VERIFICATION The undersigned, under the penalties of perjury, affirms: That she is LYNN ABELSON LIEBMAN, of counsel to the firm of GORDON REES SCULLY MANSUKHANI, LLP, that she has read the foregoing papers and the same are true to his knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters, he believes them to be true; that the grounds and sources of such belief are matters contained in this firm's file, as well as conferences had between this affirmant and representatives of the defendant(s); and that the reason this affirmation is not made by the party is that said party is not in the county where affirmant has his office. Dated: Harrison, New York October 27, 2023 L ynn A belson L iebman LYNN ABELSON LIEBMAN 4 of 5 FILED: KINGS COUNTY CLERK 10/27/2023 01:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/27/2023 AFFIRMATION OF SERVICE Lynn Abelson Liebman, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the truth of the following, under the penalties of perjury: I am not a party to this action, am over 18 years of age and reside in Westchester County in the State of New York. On October 27, 2023, I had a member of my firm’s administrative staff serve the within VERIFIED ANSWER TO CROSS-CLAIMS OF DEFENDANT/THIRD-PARTY DEFENDANT CITYSCAPE BUILDERS, LLC, upon the parties herein stated below by E- FILING to the following: Via NYSCEF E-File MICHAEL M. GOLDBERG Attorneys for Plaintiff CAROLINE RULLAN 265 Sunrise Highway, Suite 32 Rockville Centre, New York 11570 (212) 481-0011 mgoldberg@softtissuelawyer.com Gail J. McNally, Esq. HANNUM FERETIC PRENDERGAST & MERLINO, LLC Attorneys for Defendant/Third-Party Defendant CITYSCAPE BUILDERS LLC 55 Broadway, Suite 202 New York, New York 10006 (212) 530-3900 gmcnally@hfpmlaw.com Abbie Eliasberg Fuchs, Esq. HARRIS BEACH PLLC Attorneys for Defendants/Second Third-Party Defendants MEYER FRANK and ESTHER FEIGA FRANK 100 Wall Street, 23rd Floor New York, New York 10005 (212) 687-0100 afuchs@harrisbeach.com L ynn A belson L iebman Lynn Abelson Liebman 5 of 5