Preview
FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
____________________________________________________________________Ç
JOSEPH A. ORTIZ, Index No. 620036/2023
Plaintiff, NOTICE PURSUANT
TO CPLR 3402(b)
-against-
JAMIE E. MULLIGAN,
Defendant.
________________.._________________________________________________x
JAMIE E. MULLIGAN,
Third Party
Third Party Plaintiff, Index No.
-against-
MEGAN M. MARTIN,
Third Party Defendant.
____________________________________________________________Ç
S I R S :
PLEASE TAKE NOTICE that pursuant to CPLR 3402(b), the title of this action has been
changed from the title of the complaint of the plaintiff to that of this third-party summons and
complaint; that the calendar status is that this action is not on the calendar.
Dated: Huntington, New York
October 5, 2023
Yours, etc.,
M ARELLA & D IMO, LLP
By: GA BO RELLI, ESQ.
Attorneys for Defendant/Third Party
Plaintiff JAMIE E. MULLIGAN
229 Main Street, Suite 200
Huntington, New York 11743
(516) 485-0400
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TO: JOSEPH C. ANDRUZZI
Attorneys for Plaintiff
326 Broadway, Suite 200
Bethpage, NY 11714
(516) 433-8600
2 of 10
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_____________________________________________________________________Ç
JOSEPH A. ORTIZ, Index No. 620036/2023
Plaintiff, THIRD PARTY
SUMMONS
-against-
JAMIE E. MULLIGAN,
Defendant.
_______________________________________________________________________Ç
JAMIE E. MULLIGAN,
Third Party
Third Party Plaintiff, Index No.
-against-
MEGAN M. MARTIN,
Third Party Defendant.
___________________________________________________________________Ç
TO THE ABOVE-NAMED THIRD PARTY DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the annexed complaint of the
defendant(s)/third-party plaintiff(s), JAMIE E. MULLIGAN, and of the plaintiff(s), copies of
which are herewith served upon you, together with all prior pleadings, and to serve copies of
your answer on the undersigned and the attorneys for the plaintiff(s) JOSEPH C. ANDRUZZI,
ESQ., 326 Broadway, Suite 200, Bethpage, New York 11714 within twenty (20) days after
service of this summons exclusive of the date of service, or within thirty (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.
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In case of your failure to answer the complaint of the defendant(s)/third-party plaintiff(s),
judgment will be taken against you upon default for the relief sought in the defendant(s)/third-
party plaintiff(s') complaint.
Dated: Huntington, New York
October 5, 2023
Yours, etc.,
MUS ARELLA & DI IMO, LLP
By: GA Y F. BO LLI, ES .
Attorneys for Defendant/Third
Party Plaintiff
JAMIE E. MULLIGAN
229 Main Street, Suite 200
Huntington, New York 11743
(516) 485-0400
TO: MEGAN M. MARTIN
619 Outlook Avenue
West Babylon, New York 11704
Upon your failure to appear, judgment will be taken against you by default for the sum secured
by the primary plaintiff(s) with interest from date of judgment in the primary action.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
___________________________________________________________________Ç
JOSEPH A. ORTIZ, Index No. 620036/2023
Plaintiff, VERIFIED THIRD
PARTY COMPLAINT
-against-
JAMIE E. MULLIGAN,
Defendant.
_____________________________________________________________________Ç
JAMIE E. MULLIGAN,
Third Party
Third Party Plaintiff, Index No.
-against-
MEGAN M. MARTIN,
Third Party Defendant.
___________________________________________________________x
Defendant/Third-Party Plaintiff, JAMIE E. MULLIGAN, by her attorneys,
MUSCARELLA & DIRAIMO, LLP, complaining of the third-party defendant, alleges as
follows:
1. That at all times hereinafter mentioned, the defendant/third party plaintiff,
JAMIE E. MULLIGAN, was and still is a resident of the County of Suffolk, State of New York.
2. That at all times hereinafter mentioned, the third-party defendant, MEGAN M.
MARTIN, was and still is a resident of the County of Suffolk, State of New York.
3. That plaintiff commenced an action against defendant/third party plaintiff,
JAMIE E. MULLIGAN, for personal injuries sustained by him as set forth in the Complaint, a
copy of which is attached hereto.
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4. It is alleged in the original Complaint that the damages sustained by plaintiff were
the result of the negligence or the culpable conduct of the defendant/third party plaintiff. The
defendant/third party plaintiff herein denies the material allegations of the Complaint and begs
leave to refer to the original Complaint at the time of trial.
5. That at all times hereinafter mentioned, including on or about August 4, 2023, the
date of the alleged incident, third-party defendant, MEGAN M. MARTIN, was the operator of a
2017 Honda motor vehicle bearing New York license plate number HBZ 6573 for the year 2023.
6. That at all times hereinafter mentioned, including on or about August 4, 2023, the
date of the alleged incident, third-party defendant, MEGAN M. MARTIN, maintained the
aforesaid motor vehicle bearing New York license plate number HBZ 6573 for the year 2023.
7. That at all times hereinafter mentioned, including on or about August 4, 2023, the
date of the alleged incident, third-party defendant, MEGAN M. MARTIN, managed the aforesaid
motor vehicle bearing New York license plate number HBZ 6573 for the year 2023.
8. That at all times hereinafter mentioned, including on or about August 4, 2023, the
date of the alleged incident, third-party defendant, MEGAN M. MARTIN, controlled the
aforesaid motor vehicle bearing New York license plate number HBZ 6573 for the year 2023.
9. At the time and place of the occurrence alleged in plaintiff's Complaint, third
party defendant, MEGAN M. MARTIN, was negligent in the operation of the aforesaid vehicle,
thereby causing/contributing to the injuries alleged by plaintiff in plaintiff's Complaint.
10. That if the plaintiff was caused to sustain the damages alleged in the Complaint,
said damages will have been sustained by reason of the culpable conduct of the third-party
defendant, MEGAN M. MARTIN. If the third-party plaintiff is also found negligent, then the
third-party plaintiff will be entitled to contribution or indemnification, in whole or in part, from
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the third-party defendant for the portion of the plaintiffs damages which were caused by the
culpable party named in the Third-Party Complaint, together with all attorney's fees, costs and
disbursement.
WHEREFORE, the defendant/third party plaintiff, JAMIE E. MULLIGAN, demands
judgment against the third-party defendant, MEGAN M. MARTIN, for any amount of any
verdict or judgment which shall or may be recovered by the plaintiff against the defendant/third
party plaintiff or, in the alternative, that she have contribution from the third-party defendant,
MEGAN M. MARTIN, for her degree of culpability and/or negligence with respect to any
recovery by the plaintiff against the defendant/third party plaintiff, JAMIE E. MULLIGAN.
Dated: Huntington, New York
October 5, 2023
Yours, etc.,
MUSCARELLA & DI IMO, LLP
By: GARYF. O LL,ESQ.
Attorneys for Defendant/Third Party
Plaintiff JAMIE E. MULLIGAN
229 Main Street, Suite 200
Huntington, New York 11743
(516) 485-0400
TO: MEGAN M. MARTIN
619 Outlook Avenue
West Babylon, New York 11704
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023
VERIFICATION
STATE OF NEW YORK )
SS.:
COUNTY OF SUFFOLK )
JAM]E E. MULLIGAN, being duly sworn, deposes and says:
I am the defendant in this action. I have read the annexed THIRD PARTY
COMPLAINT, Imow the contents thereof and the same are true to my knowledge, except those
matters therein which are stated to be alleged on information and belief and as to those matters I
believe them to be true.
TCumLL n
JAMIE E MULLIGAN
Sworn to before me this
day of OCÓoÓ P , 2023 .
Notary Public b
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023
STATE OF NEW YORK )
ss.:
COUNTY OF SUFFOLK )
ELLEN HORAN, being duly sworn, deposes, and says: that I am not a party to the action,
am over 18 years of age, and reside at Garden City Park, New York.
That on the fÛ day of October, 2023, I served the within NOTICE PURSUANT TO
CPLR 3402(b), THIRD PARTY SUMMONS and VERIFIED THIRD PARTY COMPLAINT
upon the undersigned attorneys by electronically filing via the New York State Courts Electronic
Filing (NYSCEF) system a true copy addressed to the last known email address of the addressee
indicated below:
jeandruzzi@andruzzilawoffice.com
JOSEPH C. ANDRUZZI
Attorneys for Plaintiff
326 Broadway, Suite 200
Bethpage, NY 11714
ELLEN HORAN
Sworn to before me this
fb day of October, 202
Notary P lic
GARY F. BORRELLI
Notary Public, State of New York
No. 02800004107
Qualified in Nassau County
Commission Expires March 28,20
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Index No. 620036/23
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
JOSEPH A. ORTIZ,
Plaintiff,
-against-
JAMIE E. MULLIGAN,
Defendant.
(AND A THIRD PARTY ACTION)
NOTICE PURSUANT TO CPLR 3402(b), THIRD PARTY SUMMONS
and VERIFIED THIRD PARTY COMPLAINT
MUSCARELLA & DIRAIMO, LLP
Attorneys for Defendant/Third Party Plaintiff
JAMIE E. MULLIGAN
229 Main Street, Suite 200
Huntington, New York 11743
(516) 485-0400
10 of 10
Preview
FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ____________________________________________________________________Ç JOSEPH A. ORTIZ, Index No. 620036/2023 Plaintiff, NOTICE PURSUANT TO CPLR 3402(b) -against- JAMIE E. MULLIGAN, Defendant. ________________.._________________________________________________x JAMIE E. MULLIGAN, Third Party Third Party Plaintiff, Index No. -against- MEGAN M. MARTIN, Third Party Defendant. ____________________________________________________________Ç S I R S : PLEASE TAKE NOTICE that pursuant to CPLR 3402(b), the title of this action has been changed from the title of the complaint of the plaintiff to that of this third-party summons and complaint; that the calendar status is that this action is not on the calendar. Dated: Huntington, New York October 5, 2023 Yours, etc., M ARELLA & D IMO, LLP By: GA BO RELLI, ESQ. Attorneys for Defendant/Third Party Plaintiff JAMIE E. MULLIGAN 229 Main Street, Suite 200 Huntington, New York 11743 (516) 485-0400 1 of 10 FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023 TO: JOSEPH C. ANDRUZZI Attorneys for Plaintiff 326 Broadway, Suite 200 Bethpage, NY 11714 (516) 433-8600 2 of 10 FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _____________________________________________________________________Ç JOSEPH A. ORTIZ, Index No. 620036/2023 Plaintiff, THIRD PARTY SUMMONS -against- JAMIE E. MULLIGAN, Defendant. _______________________________________________________________________Ç JAMIE E. MULLIGAN, Third Party Third Party Plaintiff, Index No. -against- MEGAN M. MARTIN, Third Party Defendant. ___________________________________________________________________Ç TO THE ABOVE-NAMED THIRD PARTY DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the annexed complaint of the defendant(s)/third-party plaintiff(s), JAMIE E. MULLIGAN, and of the plaintiff(s), copies of which are herewith served upon you, together with all prior pleadings, and to serve copies of your answer on the undersigned and the attorneys for the plaintiff(s) JOSEPH C. ANDRUZZI, ESQ., 326 Broadway, Suite 200, Bethpage, New York 11714 within twenty (20) days after service of this summons exclusive of the date of service, or within thirty (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. 3 of 10 FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023 In case of your failure to answer the complaint of the defendant(s)/third-party plaintiff(s), judgment will be taken against you upon default for the relief sought in the defendant(s)/third- party plaintiff(s') complaint. Dated: Huntington, New York October 5, 2023 Yours, etc., MUS ARELLA & DI IMO, LLP By: GA Y F. BO LLI, ES . Attorneys for Defendant/Third Party Plaintiff JAMIE E. MULLIGAN 229 Main Street, Suite 200 Huntington, New York 11743 (516) 485-0400 TO: MEGAN M. MARTIN 619 Outlook Avenue West Babylon, New York 11704 Upon your failure to appear, judgment will be taken against you by default for the sum secured by the primary plaintiff(s) with interest from date of judgment in the primary action. 4 of 10 FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ___________________________________________________________________Ç JOSEPH A. ORTIZ, Index No. 620036/2023 Plaintiff, VERIFIED THIRD PARTY COMPLAINT -against- JAMIE E. MULLIGAN, Defendant. _____________________________________________________________________Ç JAMIE E. MULLIGAN, Third Party Third Party Plaintiff, Index No. -against- MEGAN M. MARTIN, Third Party Defendant. ___________________________________________________________x Defendant/Third-Party Plaintiff, JAMIE E. MULLIGAN, by her attorneys, MUSCARELLA & DIRAIMO, LLP, complaining of the third-party defendant, alleges as follows: 1. That at all times hereinafter mentioned, the defendant/third party plaintiff, JAMIE E. MULLIGAN, was and still is a resident of the County of Suffolk, State of New York. 2. That at all times hereinafter mentioned, the third-party defendant, MEGAN M. MARTIN, was and still is a resident of the County of Suffolk, State of New York. 3. That plaintiff commenced an action against defendant/third party plaintiff, JAMIE E. MULLIGAN, for personal injuries sustained by him as set forth in the Complaint, a copy of which is attached hereto. 5 of 10 FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023 4. It is alleged in the original Complaint that the damages sustained by plaintiff were the result of the negligence or the culpable conduct of the defendant/third party plaintiff. The defendant/third party plaintiff herein denies the material allegations of the Complaint and begs leave to refer to the original Complaint at the time of trial. 5. That at all times hereinafter mentioned, including on or about August 4, 2023, the date of the alleged incident, third-party defendant, MEGAN M. MARTIN, was the operator of a 2017 Honda motor vehicle bearing New York license plate number HBZ 6573 for the year 2023. 6. That at all times hereinafter mentioned, including on or about August 4, 2023, the date of the alleged incident, third-party defendant, MEGAN M. MARTIN, maintained the aforesaid motor vehicle bearing New York license plate number HBZ 6573 for the year 2023. 7. That at all times hereinafter mentioned, including on or about August 4, 2023, the date of the alleged incident, third-party defendant, MEGAN M. MARTIN, managed the aforesaid motor vehicle bearing New York license plate number HBZ 6573 for the year 2023. 8. That at all times hereinafter mentioned, including on or about August 4, 2023, the date of the alleged incident, third-party defendant, MEGAN M. MARTIN, controlled the aforesaid motor vehicle bearing New York license plate number HBZ 6573 for the year 2023. 9. At the time and place of the occurrence alleged in plaintiff's Complaint, third party defendant, MEGAN M. MARTIN, was negligent in the operation of the aforesaid vehicle, thereby causing/contributing to the injuries alleged by plaintiff in plaintiff's Complaint. 10. That if the plaintiff was caused to sustain the damages alleged in the Complaint, said damages will have been sustained by reason of the culpable conduct of the third-party defendant, MEGAN M. MARTIN. If the third-party plaintiff is also found negligent, then the third-party plaintiff will be entitled to contribution or indemnification, in whole or in part, from 6 of 10 FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023 the third-party defendant for the portion of the plaintiffs damages which were caused by the culpable party named in the Third-Party Complaint, together with all attorney's fees, costs and disbursement. WHEREFORE, the defendant/third party plaintiff, JAMIE E. MULLIGAN, demands judgment against the third-party defendant, MEGAN M. MARTIN, for any amount of any verdict or judgment which shall or may be recovered by the plaintiff against the defendant/third party plaintiff or, in the alternative, that she have contribution from the third-party defendant, MEGAN M. MARTIN, for her degree of culpability and/or negligence with respect to any recovery by the plaintiff against the defendant/third party plaintiff, JAMIE E. MULLIGAN. Dated: Huntington, New York October 5, 2023 Yours, etc., MUSCARELLA & DI IMO, LLP By: GARYF. O LL,ESQ. Attorneys for Defendant/Third Party Plaintiff JAMIE E. MULLIGAN 229 Main Street, Suite 200 Huntington, New York 11743 (516) 485-0400 TO: MEGAN M. MARTIN 619 Outlook Avenue West Babylon, New York 11704 7 of 10 FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023 VERIFICATION STATE OF NEW YORK ) SS.: COUNTY OF SUFFOLK ) JAM]E E. MULLIGAN, being duly sworn, deposes and says: I am the defendant in this action. I have read the annexed THIRD PARTY COMPLAINT, Imow the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief and as to those matters I believe them to be true. TCumLL n JAMIE E MULLIGAN Sworn to before me this day of OCÓoÓ P , 2023 . Notary Public b 8 of 10 FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) ELLEN HORAN, being duly sworn, deposes, and says: that I am not a party to the action, am over 18 years of age, and reside at Garden City Park, New York. That on the fÛ day of October, 2023, I served the within NOTICE PURSUANT TO CPLR 3402(b), THIRD PARTY SUMMONS and VERIFIED THIRD PARTY COMPLAINT upon the undersigned attorneys by electronically filing via the New York State Courts Electronic Filing (NYSCEF) system a true copy addressed to the last known email address of the addressee indicated below: jeandruzzi@andruzzilawoffice.com JOSEPH C. ANDRUZZI Attorneys for Plaintiff 326 Broadway, Suite 200 Bethpage, NY 11714 ELLEN HORAN Sworn to before me this fb day of October, 202 Notary P lic GARY F. BORRELLI Notary Public, State of New York No. 02800004107 Qualified in Nassau County Commission Expires March 28,20 9 of 10 FILED: SUFFOLK COUNTY CLERK 10/10/2023 10:35 AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2023 Index No. 620036/23 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK JOSEPH A. ORTIZ, Plaintiff, -against- JAMIE E. MULLIGAN, Defendant. (AND A THIRD PARTY ACTION) NOTICE PURSUANT TO CPLR 3402(b), THIRD PARTY SUMMONS and VERIFIED THIRD PARTY COMPLAINT MUSCARELLA & DIRAIMO, LLP Attorneys for Defendant/Third Party Plaintiff JAMIE E. MULLIGAN 229 Main Street, Suite 200 Huntington, New York 11743 (516) 485-0400 10 of 10