Preview
FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
__________________________________________________Ç
HELENA CYGAN, Index #715037/2021
Plaintiff,
NOTICE PURSUANT TO
CPLR §3402(b)
-against-
ANDREW GOUZOULIS and JOSEPH TOMLINSON,
Defendants.
_____________________________________________________Ç
ANDREW GOUZOULIS and JOSEPH TOMLINSON,
Third-Party Plaintiffs,
-against-
ZABKA DELI, INC.,
Third-Party Defendant.
___________________________________________Ç
PLEASE TAKE NOTICE, that in the above-entitled action pursuant to Rule 3402(b) of the
CPLR, the defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH
TOMLINSON, by service of a Third-Party Summons and Third-Party Complaint has impleaded
ZABKA DELI, INC., as third-party defendant and that the caption has been changed to read as
above entitled. A copy of this statement has been served upon all the attorneys appearing in this
action as of this date. A Note of Issue has not been filed in the above-entitled action. This case has
not been noticed for trial.
Dated: Albertson, New York
January 12, 2023
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BY: SEAN J. O'SULLIVAN, ESQ.
AHMUTY, DEMERS & McMANUS, ESQS.
ATTORNEYS FOR DEFENDANTS/
THIRD PARTY PLAINTIFFS
JOSEPH TOMLINSON and
ANDREW GOUZOULIS
200 I.U. WILLETS ROAD
ALBERTSON, NEW YORK 11507
(516) 535-1832
Our File No.: AMT1002922SJO
To:
ZABKA DELI, INC.
66-51 Fresh Pond Road
Ridgewood, New York 11385
Block O'Toole & Murphy, LLP
Attorney for Plaintiff
HELENA CYGAN
One Penn Plaza - Suite 5315
New York, New York 10119
File No. 5016
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_________________________________________.______________Ç
HELENA CYGAN, Index #715037/2021
Plaintiff,
THIRD-PARTY
SUMMONS
-against-
ANDREW GOUZOULIS and JOSEPH TOMLINSON,
Defendants.
_____________________________________________________Ç
ANDREW GOUZOULIS and JOSEPH TOMLINSON,
Third-Party Plaintiffs,
-against-
ZABKA DELI, INC.,
Third-Party Defendant.
___________________________________________________________Ç
TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT:
You are hereby summoned and required to serve upon all parties an answer to the annexed
Complaint of the third-party plaintiff and to the Amended Complaint of the plaintiff, which are
hereby served upon you, together with all prior pleadings in the action, within 20 days after service
thereof, exclusive of the day of service, or within 30 days after service is complete if service is made
by any method other than personal delivery to you within the State of New York.
In case of your failure to answer, judgment will be taken against you by default for the relief
demanded in the third-party complaint.
Dated: Albertson, New York
January 12, 2023
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BY: SEAN J. O'SULLIVAN, ESQ.
AHMUTY, DEMERS & McMANUS, ESQS.
ATTORNEYS FOR DEFENDANTS/
THIRD PARTY PLAINTIFFS
JOSEPH TOMLINSON and
ANDREW GOUZOULIS
200 I.U. WILLETS ROAD
ALBERTSON, NEW YORK 11507
(516) 535-1832
Our File No.: AMTl002922SJO
To: ZADKA DELI, INC.
66-51 Fresh Pond Road
Ridgewood, New York 11385
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_________________________________________________________________Ç
HELENA CYGAN, Index #715037/2021
Plaintiff,
yggyyygp
. THIRD-PARTY
-agamst-
COMPLAINT
ANDREW GOUZOULIS and JOSEPH TOMLINSON,
Defendants.
__________________________________________________Ç
ANDREW GOUZOULIS and JOSEPH TOMLINSON,
Third-Party Plaintiffs,
-against-
ZABKA DELI, INC.,
Third-Party Defendant.
_____________________________________..______________Ç
The defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH
TOMLINSON, through their attorneys, AHMUTY, DEMERS & McMANUS, ESQS.,
complaining of the third-party defendant, ZABKA DELI, INC., state the following upon
information and belief:
1. That at all times hereinafter mentioned, the defendant/third-party plaintiff,
ANDREW GOUZOULIS, is a resident of the State of New York.
2. That at all times hereinafter mentioned, the defendant/third-party plaintiff,
JOSEPH TOMLINSON, has resided in a State other than the State of New York.
3. That at all times hereinafter mentioned, defendants, ANDREW GOUZOULIS and
JOSEPH TOMLINSON, owned the premises 66-51 Fresh Pond Road, Ridgewood, New York
11385.
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4. That at all times hereinafter mentioned, the third-party defendant, ZABKA DELI,
INC. (hereinafter referred to as "ZABKA"), was a Domestic Corporation, duly licensed and
authorized to do business under the laws of the State of New York.
5. That at all times hereinafter mentioned, the third-party defendant, ZABKA,
conducted business within the State of New York.
6. That at all times hereinafter mentioned, the third-party defendant, ZABKA, was
and continues to do be a business entity subject to the laws of the State of New York.
7. That prior to the commencement of the instant third-party action, the plaintiff,
HELENA CYGAN, commenced an action against the defendants/third-party plaintiffs alleging
claims for personal injuries and damages arising out of an occurrence which allegedly took place
on June 1, 2021 at the premises 66-51 Fresh Pond Road, Ridgewood, New York 11358, in the
course and scope of her employment with the third party defendant.
8. A copy of the plaintiff's Amended Complaint is annexed hereto as Exhibit "A".
Copies of the Answers served on behalf of both defendants/third-party plaintiffs are annexed
hereto as Exhibit "B".
AS AND FOR A FIRST CAUSE OF ACTION
9. The defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH
TOMLINSON, hereby repeat, reiterate and reallege each and every allegation contained in
"1" "8"
paragraphs through of the Third-Party Complaint with the same full force and effect as if
restated herein.
10. That prior to June 1, 2021, the third-party plaintiffs, GOUZOULIS and
TOMLINSON entered into a Lease Agreement with the third-party defendant, ZABKA,
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concerning a portion of the premises located at 66-51 Fresh Pond Road, Ridgewood, New York,
11385.
11. That prior to June 1, 2021, the third-party plaintiff, TOMLINSON entered to a
Lease Agreement with the third-party defendant, ZABKA, concerning the premises located at
66-51 Fresh Pond Road, Ridgewood, New York 11385.
12. That the aforesaid Lease Agreement was in full force and effect on June 1, 2021.
13. That on and prior to June 1, 2021 the third-party defendant, ZABKA occupied a
portion of the subject premises pursuant to the aforesaid Lease Agreement.
14. That on and prior to June 1, 2021 the third-party defendant, ZABKA managed a
portion of the subject premises pursuant to the aforesaid Lease Agreement.
15. That on and prior to June 1, 2021 the third-party defendant, ZABKA controlled a
portion of the subject premises pursuant to the aforesaid Lease Agreement.
16. That on and prior to June 1, 2021 the third-party defendant, ZABKA supervised a
portion of the subject premises pursuant to the aforesaid Lease Agreement.
17. That on and prior to June 1, 2021 the third-party defendant, ZABKA repaired a
portion of the subject premises pursuant to the aforesaid Lease Agreement.
18. That on and prior to June 1, 2021 the third-party defendant, ZABIG maintained a
portion of the subject premises pursuant to the aforesaid Lease Agreement.
19. That on or prior to June 1, 2021, pursuant to the aforesaid Lease Agreement, the
third-party defendant was under a duty to occupy, manage, control, supervise, repair, and
maintain a portion of the subject premises in a reasonable safe condition in order to provide the
plaintiff a safe place to work.
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20. That on and prior to June 1, 2021, the third-party defendant, ZABKA breached its
duty to occupy, manage, control, supervise, repair, and maintain a portion of the subject premises
in a reasonable manner so as to provide the plaintiff with a safe place to work.
21. That the injuries alleged by the plaintiff herein arise out of the conduct on the part
of the third-party defendant, ZABKA, its agents, servants, and/or employees without any conduct
on the part of the third-party plaintiffs contributing thereto.
22. That if the plaintiff is entitled to recover damages as against the defendants/third-
party plaintiffs, GOUZOULIS and TOMLINSON, by reasons of the matters and things alleged
in plaintiff's complaint, which liability is hereby denied, then the aforesaid injuries and damages
arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and
breaches of duty and/or obligation and/or statutes and/or warranties and/or contracts and/or
agreements, in fact or implied in law, upon the part of the third-party defendant, ZABKA,
without any breaches or any negligence of the defendants/third-party plaintiffs contributing
thereto, and if the defendants/third-party plaintiffs, GOUZOULIS and TOMLINSON, are found
liable to the plaintiff or any other party for the injuries and damages as set forth in the plaintiff's
Amended Complaint, then in that event, the relative responsibilities of all parties must be
apportioned a separate determination in view of the factual and the third-
by existing disparities,
party defendant herein will be liable jointly and severally to the defendants/third-party plaintiffs
based upon the theory of contribution.
AS AND FOR A SECOND CAUSE OF ACTION
23. The defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH
TOMLINSON, hereby repeats, reiterates and reallege each and every allegation contained in
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"1" "22"
paragraphs through of the Third-Party Complaint with the same full force and effect as
if restated herein.
24. That if the plaintiff is entitled to recover damages as against the defendants/third-
party plaintiffs, by reason of the matters and things alleged in the plaintiff's Amended
Complaint, which liability is hereby denied, then the defendants/third-party plaintiffs will have a
claim for Common Law Indemnification over and against the third-party defendant, ZABKA,
due to the negligence on the part of said third-party defendant.
25. That by reason of the foregoing, the third-party defendant, ZABKA, will be liable
over and to the GOUZOULIS and and the third-
defendants/third-party plaintiffs, TOMLINSON,
party defendant will have to provide full indemnification to the defendants/third-party plaintiffs
for the full amount of obtained the plaintiffs as against the defendants/third-
any recovery by
party plaintiffs.
AS AND FOR A THIRD CAUSE OF ACTION
26. The defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH
TOMLINSON, hereby repeats, reiterates and reallege each and every allegation contained in
"1" "25"
paragraphs through of the Third-Party Complaint with the same full force and effect as
if restated herein.
27. That pursuant to the Lease Agreement between the plaintiffs and third-
third-party
party defendant, the third-party defendant, ZADKA, agreed to indemnify and hold harmless the
third-party plaintiffs, GOUZOULIS and TOMLINSON, with respect to any and all claims,
damages, losses, and liability, including damages relating to personal injury arising out of the
third-party defendant's occupancy of the portion of the subject premises.
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28. That if the plaintiffs are entitled to recover damages as against the
defendants/third-party plaintiffs, by reason of the matters and things alleged in the plaintiff's
Amended Complaint, which liability is hereby denied, then the defendants/third-party plaintiff's,
GOUZOULIS and TOMLINSON, will have a claim for contractual indemnification as against
the third-party defendant, ZABKA, under the terms and provisions of the aforesaid Lease
Agreement.
29. That by reason of the foregoing, the third-party defendant, ZABKA, will be liable
over and to the GOUZOULIS and and the third-
defendants/third-party plaintiffs, TOMLINSON,
defendant will have to provide full contractual indemnification to the defendants/third-
party
party plaintiffs for the full amount of any recovery obtained herein by the plaintiffs or any other
party as against the defendants/third-party plaintiffs.
AS AND FOR A FOURTH CAUSE OF ACTION
30. The defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH
TOMLINSON, hereby repeat, reiterate and reallege each and every allegation contained in
"1" "29"
paragraphs through of the Third-Party Complaint with the same full force and effect as
if restated herein.
31. That pursuant to the terms of the aforesaid Lease Agreement between
defendants/third-party plaintiffs and the third-party defendant, the third-party defendant ZABKA
was obligated to purchase insurance which named the defendants/third-party plaintiffs,
GOUZOULIS and TOMLINSON, as additional insureds, or alternatively, the third-party
defendant was obligated to purchase insurance solely for the benefit of the defendants/third-party
plaintiffs.
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32. That the third-party defendant, ZABKA, failed to purchase the type of insurance
required in the aforesaid Lease Agreement.
33. That based upon the third-party defendant's failure to purchase the aforesaid
insurance on behalf of the defendants/third-party plaintiffs, the third-party defendant, ZABKA,
will be liable to serve as an insurer of the defendants/third-party plaintiffs, GOUZOULIS and
TOMLINSON, and moreover, will be liable to defend and indemnify and hold harmless the
defendants/third-party plaintiffs with respect to all liability, damages, fees and expenses incurred
in this litigation.
34. That if the plaintiff is entitled to recover damages as against the defendants/third-
party plaintiffs, by reason of the matters and things alleged in the plaintiff's Amended
Complaint, which liability is hereby denied, then the defendants/third-party plaintiffs will have a
claim for a defense and for complete indemnification over and against the third-party defendant,
ZABKA, due to the third-party defendant's failure to obtain the type of insurance required under
the aforesaid Lease Agreement.
35. That based upon the foregoing, the third-party defendant, ZABKA, will be liable
over and to the defendants/third-party plaintiffs and the third-party defendant will have to
provide a defense and indemnification to the defendants/third-party plaintiffs, GOUZOULIS and
TOMLINSON, for the full amount of any recovery obtained herein by the plaintiff or by any
other parties as against the defendants/third-party plaintiffs, as well as the reimbursement of all
legal fees, costs and expenses incurred herein.
WHEREFORE, the defendants/third-party plaintiffs, ANDREW GOUZOULIS and
JOSEPH TOMLINSON, hereby demand judgment dismissing the plaintiffs Amended Complaint
on the and further demand judgment on the Complaint herein as to the third-
merits; Third-Party
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party defendant, ZABKA DELI, INC., with costs and expenses and disbursements and further
demand that the ultimate rights of the plaintiffs and the impleaded third-
defendants/third-party
party defendant in this action be determined and that the defendants/third-party plaintiffs have
judgment over and against the impleaded third-party defendant for all or that portion of any
verdict or judgment which may be obtained herein by the plaintiff or any other party as against
the defendants/third-party plaintiffs, under the theories of contribution, common law
indemnification, contractual indemnification and for failure to obtain insurance coverage for the
benefit of the defendants/third-party plaintiffs, as required by Lease Agreement, and further
demand that the third-party defendant, ZABKA DELI, INC., indemnify and hold harmless the
defendants/third-party plaintiffs for all or that portion of any verdict or judgment which may be
obtained herein by the plaintiff or any other party as against the defendants/third-party plaintiffs,
attorneys'
together with all the costs and disbursements of this action, including fees and all of
the costs incurred herein.
Dated: Albertson, New York
January 12, 2023
BY: SEAN J. O'SULLIVAN, ESQ.
AHMUTY, DEMERS & McMANUS, ESQS.
ATTORNEYS FOR DEFENDANTS/
THIRD PARTY PLAINTIFFS
JOSEPH TOMLINSON and
ANDREW GOUZOULIS
200 I.U. WILLETS ROAD
ALBERTSON, NEW YORK 11507
(516) 535-1832
Our File No.: AMT1002922SJO
To:
ZABKA DELI, INC.
66-51 Fresh Pond Road
Ridgewood, New York 11385
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Block O'Toole & Murphy, LLP
Attorney for Plaintiff
HELENA CYGAN
One Penn Plaza - Suite 5315
New York, New York 10119
Preview
FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS __________________________________________________Ç HELENA CYGAN, Index #715037/2021 Plaintiff, NOTICE PURSUANT TO CPLR §3402(b) -against- ANDREW GOUZOULIS and JOSEPH TOMLINSON, Defendants. _____________________________________________________Ç ANDREW GOUZOULIS and JOSEPH TOMLINSON, Third-Party Plaintiffs, -against- ZABKA DELI, INC., Third-Party Defendant. ___________________________________________Ç PLEASE TAKE NOTICE, that in the above-entitled action pursuant to Rule 3402(b) of the CPLR, the defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH TOMLINSON, by service of a Third-Party Summons and Third-Party Complaint has impleaded ZABKA DELI, INC., as third-party defendant and that the caption has been changed to read as above entitled. A copy of this statement has been served upon all the attorneys appearing in this action as of this date. A Note of Issue has not been filed in the above-entitled action. This case has not been noticed for trial. Dated: Albertson, New York January 12, 2023 1 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 BY: SEAN J. O'SULLIVAN, ESQ. AHMUTY, DEMERS & McMANUS, ESQS. ATTORNEYS FOR DEFENDANTS/ THIRD PARTY PLAINTIFFS JOSEPH TOMLINSON and ANDREW GOUZOULIS 200 I.U. WILLETS ROAD ALBERTSON, NEW YORK 11507 (516) 535-1832 Our File No.: AMT1002922SJO To: ZABKA DELI, INC. 66-51 Fresh Pond Road Ridgewood, New York 11385 Block O'Toole & Murphy, LLP Attorney for Plaintiff HELENA CYGAN One Penn Plaza - Suite 5315 New York, New York 10119 File No. 5016 2 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _________________________________________.______________Ç HELENA CYGAN, Index #715037/2021 Plaintiff, THIRD-PARTY SUMMONS -against- ANDREW GOUZOULIS and JOSEPH TOMLINSON, Defendants. _____________________________________________________Ç ANDREW GOUZOULIS and JOSEPH TOMLINSON, Third-Party Plaintiffs, -against- ZABKA DELI, INC., Third-Party Defendant. ___________________________________________________________Ç TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT: You are hereby summoned and required to serve upon all parties an answer to the annexed Complaint of the third-party plaintiff and to the Amended Complaint of the plaintiff, which are hereby served upon you, together with all prior pleadings in the action, within 20 days after service thereof, exclusive of the day of service, or within 30 days after service is complete if service is made by any method other than personal delivery to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the third-party complaint. Dated: Albertson, New York January 12, 2023 3 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 BY: SEAN J. O'SULLIVAN, ESQ. AHMUTY, DEMERS & McMANUS, ESQS. ATTORNEYS FOR DEFENDANTS/ THIRD PARTY PLAINTIFFS JOSEPH TOMLINSON and ANDREW GOUZOULIS 200 I.U. WILLETS ROAD ALBERTSON, NEW YORK 11507 (516) 535-1832 Our File No.: AMTl002922SJO To: ZADKA DELI, INC. 66-51 Fresh Pond Road Ridgewood, New York 11385 4 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _________________________________________________________________Ç HELENA CYGAN, Index #715037/2021 Plaintiff, yggyyygp . THIRD-PARTY -agamst- COMPLAINT ANDREW GOUZOULIS and JOSEPH TOMLINSON, Defendants. __________________________________________________Ç ANDREW GOUZOULIS and JOSEPH TOMLINSON, Third-Party Plaintiffs, -against- ZABKA DELI, INC., Third-Party Defendant. _____________________________________..______________Ç The defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH TOMLINSON, through their attorneys, AHMUTY, DEMERS & McMANUS, ESQS., complaining of the third-party defendant, ZABKA DELI, INC., state the following upon information and belief: 1. That at all times hereinafter mentioned, the defendant/third-party plaintiff, ANDREW GOUZOULIS, is a resident of the State of New York. 2. That at all times hereinafter mentioned, the defendant/third-party plaintiff, JOSEPH TOMLINSON, has resided in a State other than the State of New York. 3. That at all times hereinafter mentioned, defendants, ANDREW GOUZOULIS and JOSEPH TOMLINSON, owned the premises 66-51 Fresh Pond Road, Ridgewood, New York 11385. 5 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 4. That at all times hereinafter mentioned, the third-party defendant, ZABKA DELI, INC. (hereinafter referred to as "ZABKA"), was a Domestic Corporation, duly licensed and authorized to do business under the laws of the State of New York. 5. That at all times hereinafter mentioned, the third-party defendant, ZABKA, conducted business within the State of New York. 6. That at all times hereinafter mentioned, the third-party defendant, ZABKA, was and continues to do be a business entity subject to the laws of the State of New York. 7. That prior to the commencement of the instant third-party action, the plaintiff, HELENA CYGAN, commenced an action against the defendants/third-party plaintiffs alleging claims for personal injuries and damages arising out of an occurrence which allegedly took place on June 1, 2021 at the premises 66-51 Fresh Pond Road, Ridgewood, New York 11358, in the course and scope of her employment with the third party defendant. 8. A copy of the plaintiff's Amended Complaint is annexed hereto as Exhibit "A". Copies of the Answers served on behalf of both defendants/third-party plaintiffs are annexed hereto as Exhibit "B". AS AND FOR A FIRST CAUSE OF ACTION 9. The defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH TOMLINSON, hereby repeat, reiterate and reallege each and every allegation contained in "1" "8" paragraphs through of the Third-Party Complaint with the same full force and effect as if restated herein. 10. That prior to June 1, 2021, the third-party plaintiffs, GOUZOULIS and TOMLINSON entered into a Lease Agreement with the third-party defendant, ZABKA, 6 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 concerning a portion of the premises located at 66-51 Fresh Pond Road, Ridgewood, New York, 11385. 11. That prior to June 1, 2021, the third-party plaintiff, TOMLINSON entered to a Lease Agreement with the third-party defendant, ZABKA, concerning the premises located at 66-51 Fresh Pond Road, Ridgewood, New York 11385. 12. That the aforesaid Lease Agreement was in full force and effect on June 1, 2021. 13. That on and prior to June 1, 2021 the third-party defendant, ZABKA occupied a portion of the subject premises pursuant to the aforesaid Lease Agreement. 14. That on and prior to June 1, 2021 the third-party defendant, ZABKA managed a portion of the subject premises pursuant to the aforesaid Lease Agreement. 15. That on and prior to June 1, 2021 the third-party defendant, ZABKA controlled a portion of the subject premises pursuant to the aforesaid Lease Agreement. 16. That on and prior to June 1, 2021 the third-party defendant, ZABKA supervised a portion of the subject premises pursuant to the aforesaid Lease Agreement. 17. That on and prior to June 1, 2021 the third-party defendant, ZABKA repaired a portion of the subject premises pursuant to the aforesaid Lease Agreement. 18. That on and prior to June 1, 2021 the third-party defendant, ZABIG maintained a portion of the subject premises pursuant to the aforesaid Lease Agreement. 19. That on or prior to June 1, 2021, pursuant to the aforesaid Lease Agreement, the third-party defendant was under a duty to occupy, manage, control, supervise, repair, and maintain a portion of the subject premises in a reasonable safe condition in order to provide the plaintiff a safe place to work. 7 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 20. That on and prior to June 1, 2021, the third-party defendant, ZABKA breached its duty to occupy, manage, control, supervise, repair, and maintain a portion of the subject premises in a reasonable manner so as to provide the plaintiff with a safe place to work. 21. That the injuries alleged by the plaintiff herein arise out of the conduct on the part of the third-party defendant, ZABKA, its agents, servants, and/or employees without any conduct on the part of the third-party plaintiffs contributing thereto. 22. That if the plaintiff is entitled to recover damages as against the defendants/third- party plaintiffs, GOUZOULIS and TOMLINSON, by reasons of the matters and things alleged in plaintiff's complaint, which liability is hereby denied, then the aforesaid injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or statutes and/or warranties and/or contracts and/or agreements, in fact or implied in law, upon the part of the third-party defendant, ZABKA, without any breaches or any negligence of the defendants/third-party plaintiffs contributing thereto, and if the defendants/third-party plaintiffs, GOUZOULIS and TOMLINSON, are found liable to the plaintiff or any other party for the injuries and damages as set forth in the plaintiff's Amended Complaint, then in that event, the relative responsibilities of all parties must be apportioned a separate determination in view of the factual and the third- by existing disparities, party defendant herein will be liable jointly and severally to the defendants/third-party plaintiffs based upon the theory of contribution. AS AND FOR A SECOND CAUSE OF ACTION 23. The defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH TOMLINSON, hereby repeats, reiterates and reallege each and every allegation contained in 8 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 "1" "22" paragraphs through of the Third-Party Complaint with the same full force and effect as if restated herein. 24. That if the plaintiff is entitled to recover damages as against the defendants/third- party plaintiffs, by reason of the matters and things alleged in the plaintiff's Amended Complaint, which liability is hereby denied, then the defendants/third-party plaintiffs will have a claim for Common Law Indemnification over and against the third-party defendant, ZABKA, due to the negligence on the part of said third-party defendant. 25. That by reason of the foregoing, the third-party defendant, ZABKA, will be liable over and to the GOUZOULIS and and the third- defendants/third-party plaintiffs, TOMLINSON, party defendant will have to provide full indemnification to the defendants/third-party plaintiffs for the full amount of obtained the plaintiffs as against the defendants/third- any recovery by party plaintiffs. AS AND FOR A THIRD CAUSE OF ACTION 26. The defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH TOMLINSON, hereby repeats, reiterates and reallege each and every allegation contained in "1" "25" paragraphs through of the Third-Party Complaint with the same full force and effect as if restated herein. 27. That pursuant to the Lease Agreement between the plaintiffs and third- third-party party defendant, the third-party defendant, ZADKA, agreed to indemnify and hold harmless the third-party plaintiffs, GOUZOULIS and TOMLINSON, with respect to any and all claims, damages, losses, and liability, including damages relating to personal injury arising out of the third-party defendant's occupancy of the portion of the subject premises. 9 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 28. That if the plaintiffs are entitled to recover damages as against the defendants/third-party plaintiffs, by reason of the matters and things alleged in the plaintiff's Amended Complaint, which liability is hereby denied, then the defendants/third-party plaintiff's, GOUZOULIS and TOMLINSON, will have a claim for contractual indemnification as against the third-party defendant, ZABKA, under the terms and provisions of the aforesaid Lease Agreement. 29. That by reason of the foregoing, the third-party defendant, ZABKA, will be liable over and to the GOUZOULIS and and the third- defendants/third-party plaintiffs, TOMLINSON, defendant will have to provide full contractual indemnification to the defendants/third- party party plaintiffs for the full amount of any recovery obtained herein by the plaintiffs or any other party as against the defendants/third-party plaintiffs. AS AND FOR A FOURTH CAUSE OF ACTION 30. The defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH TOMLINSON, hereby repeat, reiterate and reallege each and every allegation contained in "1" "29" paragraphs through of the Third-Party Complaint with the same full force and effect as if restated herein. 31. That pursuant to the terms of the aforesaid Lease Agreement between defendants/third-party plaintiffs and the third-party defendant, the third-party defendant ZABKA was obligated to purchase insurance which named the defendants/third-party plaintiffs, GOUZOULIS and TOMLINSON, as additional insureds, or alternatively, the third-party defendant was obligated to purchase insurance solely for the benefit of the defendants/third-party plaintiffs. 10 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 32. That the third-party defendant, ZABKA, failed to purchase the type of insurance required in the aforesaid Lease Agreement. 33. That based upon the third-party defendant's failure to purchase the aforesaid insurance on behalf of the defendants/third-party plaintiffs, the third-party defendant, ZABKA, will be liable to serve as an insurer of the defendants/third-party plaintiffs, GOUZOULIS and TOMLINSON, and moreover, will be liable to defend and indemnify and hold harmless the defendants/third-party plaintiffs with respect to all liability, damages, fees and expenses incurred in this litigation. 34. That if the plaintiff is entitled to recover damages as against the defendants/third- party plaintiffs, by reason of the matters and things alleged in the plaintiff's Amended Complaint, which liability is hereby denied, then the defendants/third-party plaintiffs will have a claim for a defense and for complete indemnification over and against the third-party defendant, ZABKA, due to the third-party defendant's failure to obtain the type of insurance required under the aforesaid Lease Agreement. 35. That based upon the foregoing, the third-party defendant, ZABKA, will be liable over and to the defendants/third-party plaintiffs and the third-party defendant will have to provide a defense and indemnification to the defendants/third-party plaintiffs, GOUZOULIS and TOMLINSON, for the full amount of any recovery obtained herein by the plaintiff or by any other parties as against the defendants/third-party plaintiffs, as well as the reimbursement of all legal fees, costs and expenses incurred herein. WHEREFORE, the defendants/third-party plaintiffs, ANDREW GOUZOULIS and JOSEPH TOMLINSON, hereby demand judgment dismissing the plaintiffs Amended Complaint on the and further demand judgment on the Complaint herein as to the third- merits; Third-Party 11 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 party defendant, ZABKA DELI, INC., with costs and expenses and disbursements and further demand that the ultimate rights of the plaintiffs and the impleaded third- defendants/third-party party defendant in this action be determined and that the defendants/third-party plaintiffs have judgment over and against the impleaded third-party defendant for all or that portion of any verdict or judgment which may be obtained herein by the plaintiff or any other party as against the defendants/third-party plaintiffs, under the theories of contribution, common law indemnification, contractual indemnification and for failure to obtain insurance coverage for the benefit of the defendants/third-party plaintiffs, as required by Lease Agreement, and further demand that the third-party defendant, ZABKA DELI, INC., indemnify and hold harmless the defendants/third-party plaintiffs for all or that portion of any verdict or judgment which may be obtained herein by the plaintiff or any other party as against the defendants/third-party plaintiffs, attorneys' together with all the costs and disbursements of this action, including fees and all of the costs incurred herein. Dated: Albertson, New York January 12, 2023 BY: SEAN J. O'SULLIVAN, ESQ. AHMUTY, DEMERS & McMANUS, ESQS. ATTORNEYS FOR DEFENDANTS/ THIRD PARTY PLAINTIFFS JOSEPH TOMLINSON and ANDREW GOUZOULIS 200 I.U. WILLETS ROAD ALBERTSON, NEW YORK 11507 (516) 535-1832 Our File No.: AMT1002922SJO To: ZABKA DELI, INC. 66-51 Fresh Pond Road Ridgewood, New York 11385 12 of 14 FILED: QUEENS COUNTY CLERK 01/20/2023 12:53 PM INDEX NO. 715037/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/20/2023 Block O'Toole & Murphy, LLP Attorney for Plaintiff HELENA CYGAN One Penn Plaza - Suite 5315 New York, New York 10119