Document for Utica National Insurance Company Of Ohio as subrogee of Springville-Griffith Institute Central School District v. Concept Construction Corp., Arric Corp., Guard Contracting Corp., Stromecki Engineers, P.C.

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                                FILED: ERIE COUNTY CLERK 02/03/2021 12:12 PM         INDEX NO. 809591/2020
NYSCEF DOC. NO. 15                             RECEIVED NYSCEF: 02/03/2021




                           EXHIBIT      A
FILED: ERIE COUNTY CLERK 02/03/2021 12:12 PM                                                                                                                                    INDEX NO. 809591/2020
NYSCEF DOC. NO. 15                                                                                                                                                RECEIVED NYSCEF: 02/03/2021




           STATE            OF   NEW YORK
           SUPREME               COURT                :   COUNTY                   OF ERIE




           UTICA            NATIONAL                   INSURANCE                         COMPANY                  OF
            OHIO            AS   SUBROGEE                      OF SPRINGVILLE-GRIFFITH
            INSTTTUTE                  CENTRAL                  SCHOOL                   DISTRICT,                                          AFFIDAVIT


                                                  Plaintiff,                                                                                Index       No        809591/2020


                       -vs-



           CONCEPT               CONSTRUCTION                                CORP.,
           ARRIC            CORP.,
           GUARD              CONTRACTING                            CORP.,              and
           STROMECKI                   ENGINEERS,                      P.C.,


                                                  Defendants.




           STATE        OF NEW  YORK)
           COUNTY        OF ERIE      )                        SS.:
           CITY      OF BUFFALO       )




                       CHRISTOPHER                           C. GUARD,                being          duly     sworn,         deposes            and     says:


                       1.            T am       the       President           of    the        defendant,            Guard                                                ("Guard").
                                                                                                                                   Contracting                Corp


                       2.            I make           this    affidavit            in support               of Guard's             motion        for    an      order,        pursuant


           to CPLR            §§3211       and        3212,     granting              summary               judgment           dismissing               the     plaintiff's


                                                 co-defendants'
           Complaint             and      the                                      cross-claims               against         Guard.


                       3.            I have       personal             knowledge                  of all     facts       recited       herein



                       4.            As    indicated            in     the     affidavit             of Guard's            attorney,          Richard            A.   Clack,               , in
                                                                                                                                                                                     Esq


           support          of Guard's           motion,             the     plaintiff           brought          this     subrogation                to recover           alleged



           damages            it claims         to have         paid         to its       insured,          the   Springville-Griffith                        Institute        Central
FILED: ERIE COUNTY CLERK 02/03/2021 12:12 PM                                                                                                                      INDEX NO. 809591/2020
NYSCEF DOC. NO. 15                                                                                                                                    RECEIVED NYSCEF: 02/03/2021




                       7.              For    the     reasons         set   forth       in the    affidavit         of Guard's         attorney,            Richard       A.



           Clack,      Esq.,         I respectfully            request        this     Honorable            Court      to grant        an    order,         pursuant       to


           CPLR        §§3211          and      3212,      granting          summary             judgment           dismissing         the    plaintiff's


                                                 co-defendants'
           Complaint             and      the                                     cross-claims         against        Guard,       together           with      such     other,


           further         and   different            relief       as to    the     Court     seems      just,      proper       and    equitable,            together



           with      the     costs      and      disbursements                of     this   motion.




                                                                                                       CHRISfOPHER                     C.    GUARD



           Sworn           to before         me this


                     day      of February,              2021




                       Notary           Public


                      ANGEf.A M. IERAC1
                Notary Pubile, State of New York
                    Reg. No. 01-IE6239086
                  Qualified in Niagara County                  7
            My Cornmission Expires April 18, 20