Legal Document: Antonio J. Lapenta v. Eb Construction Group Llc, Engel Burman

On September 05, 2023 a THIRD PARTY SUMMONS/COMPLAINT was filed involving a dispute between Antonio J. Lapenta, and Eb Construction Group Llc, Engel Burman, for Torts - Other Negligence (Labor Law) in the District Court of Nassau County.

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FILED: NASSAU COUNTY CLERK 12/22/2023 11:58 AM INDEX NO. 614332/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/22/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------------------------------------X
ANTIONIO J. LAPENTA, Index No. 614332/2023

Plaintiff, STATEMENT PURSUANT
TO CPLR §3402
- against -

EB CONSTRUCTION GROUP LLC and ENGEL BURMAN,

Defendants.
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EB CONSTRUCTION III LLC i/s/h/a EB CONSTRUCTION
GROUP LLC and ENGEL BURMAN AT THE BEACH II
LLC i/s/h/a ENGEL BURMAN,

Third-Party Plaintiffs,

- against –

HIGHRISE SAFETY SYSTEMS, INC. d/b/a PARK
AVENUE CONCRETE,

Third-Party Defendant.
-----------------------------------------------------------------------------X

COUNSELORS:

PLEASE TAKE NOTICE, that in the above-entitled action, Defendants/Third-Party

Plaintiffs EB CONSTRUCTION III LLC i/s/h/a EB CONSTRUCTION GROUP LLC and

ENGEL BURMAN AT THE BEACH II LLC i/s/h/a ENGEL BURMAN have impleaded

HIGHRISE SAFETY SYSTEMS, INC. d/b/a/ PARK AVENUE CONCRETE pursuant to CPLR

1007. The caption now reads as above. This case has not been noticed for trial.

Dated: Garden City, New York
December 22, 2023

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KIERNAN TREBACH LLP

By:

/s/
Delilah C. Sejour, Esq.
Attorneys for Defendants/Third-Party
Plaintiffs
EB CONSTRUCTION III LLC i/s/h/a EB
CONSTRUCTION GROUP LLC and ENGEL
BURMAN AT THE BEACH II LLC i/s/h/a
ENGEL BURMAN
1305 Franklin Avenue, Suite 301
Garden City, New York 11530
T: 516-831-0200 / F: 516-831-0201
KT File No.: 1959.0169

TO:

Howard Raphaelson, Esq.
RAPHAELSON & LEVINE LAW FIRM, P.C.
Attorneys for Plaintiff
Pennsylvania Building
14 Penn Plaza, Suite 1718
New York. New York 10122
T: (212) 268-3222

HIGHRISE SAFETY SYSTEMS, INC. d/b/a
PARK AVENUE CONCRETE
c/o Shanker Law Group
101 Front Street
Mineola, New York 11501
(via Secretary of State and Certified Mail)

HIGHRISE SAFETY SYSTEMS, INC. d/b/a
PARK AVENUE CONCRETE
273 Walt Whitman Road, Suite 136
Huntington Station, New York 11746
(Courtesy Copy via Certified Mail)

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------------------------------------X
ANTIONIO J. LAPENTA, Index No. 614332/2023

Plaintiff, THIRD-PARTY
SUMMONS
- against -

EB CONSTRUCTION GROUP LLC and ENGEL BURMAN,

Third-Party Plaintiffs,

- against –

HIGHRISE SAFETY SYSTEMS, INC. d/b/a PARK
AVENUE CONCRETE,

Third-Party Defendant.
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TO: THE ABOVE-NAMED THIRD-PARTY DEFENDANT

YOU ARE HEREBY SUMMONED and required to serve upon Third-Party Plaintiffs’

attorneys an Answer to the Third-Party Complaint in this action within twenty (20) days after

service of this Summons, exclusive of the day of service, or within thirty (30) days after 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, judgment will be taken against you and by default for the relief demanded

in the Complaint.

Dated: Garden City, New York
December 22, 2023

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KIERNAN TREBACH LLP

By:

TO:

Howard Raphaelson, Esq.
RAPHAELSON & LEVINE LAW FIRM, P.C.
Attorneys for Plaintiff
Pennsylvania Building
14 Penn Plaza, Suite 1718
New York. New York 10122
T: (212) 268-3222

HIGHRISE SAFETY SYSTEMS, INC. d/b/a
PARK AVENUE CONCRETE
c/o Shanker Law Group
101 Front Street
Mineola, New York 11501
(via Secretary of State and Certified Mail)

HIGHRISE SAFETY SYSTEMS, INC. d/b/a
PARK AVENUE CONCRETE
273 Walt Whitman Road
Suite 136
Huntington Station, New York 11746
(Courtesy Copy via Certified Mail)

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------------------------------------X
ANTIONIO J. LAPENTA, Index No. 614332/2023

Plaintiff, THIRD-PARTY
COMPLAINT
- against -

EB CONSTRUCTION GROUP LLC and ENGEL BURMAN,

Third-Party Plaintiffs,

- against –

HIGHRISE SAFETY SYSTEMS, INC. d/b/a PARK
AVENUE CONCRETE,

Third-Party Defendant.
-----------------------------------------------------------------------------X

Defendants/Third-Party Plaintiffs EB CONSTRUCTION III LLC i/s/h/a EB

CONSTRUCTION GROUP LLC and ENGEL BURMAN AT THE BEACH II LLC i/s/h/a

ENGEL BURMAN, by their attorneys, KIERNAN TREBACH LLP, as and for their Third-Party

Complaint, respectfully allege the following:

1. That at all times hereinafter mentioned, Defendant/Third-Party Plaintiff EB

CONSTRUCTION III LLC i/s/h/a EB CONSTRUCTION GROUP LLC (“EB III”) was a

domestic limited liability company duly organized and existing under and by virtue of the laws of

the State of New York.

2. That at all times hereinafter mentioned, Defendant/Third-Party Plaintiff ENGEL

BURMAN AT THE BEACH II LLC i/s/h/a ENGEL BURMAN (“ENGEL”) was a domestic

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limited liability company duly organized and existing under and by virtue of the laws of the State

of New York.

3. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, HIGHRISE SAFETY SYSTEMS, INC. d/b/a PARK AVENUE CONCRETE

(“PARK”), was and still is a domestic corporation duly organized and existing under and by virtue

of the laws of the State of New York.

4. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a domestic corporation doing business in the State of New York.

5. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a domestic corporation licensed to do business in the State of

New York.

6. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a foreign corporation.

7. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a foreign corporation doing business in the State of New York.

8. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a foreign corporation licensed to do business in the State of

New York.

9. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a domestic partnership.

10. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a domestic partnership doing business in the State of New York.

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11. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a domestic partnership licensed to do business in the State of

New York.

12. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a foreign partnership.

13. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a foreign partnership doing business in the State of New York.

14. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a foreign partnership licensed to do business in the State of

New York.

15. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a domestic limited liability company.

16. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a domestic limited liability company doing business in the State

of New York.

17. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a domestic limited liability company licensed to do business in

the State of New York.

18. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a foreign limited liability company.

19. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a foreign limited liability corporation doing business in the

State of New York.

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20. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is a foreign limited liability company licensed to do business in

the State of New York.

21. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, was and still is licensed to do business in the State of New York.

22. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, committed a tortious act within the State of New York.

23. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, regularly does or did solicit business and/or engages in a persistent cause of

conduct within the State of New York.

24. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, did and does derive substantial revenue from services rendered within the State

of New York.

25. Upon information and belief, at all times hereinafter mentioned, Third-Party

Defendant, PARK, derived substantial revenue from interstate commerce.

26. Without admitting any of the allegations contained therein, the Plaintiff

commenced an action against the Defendants/Third-Party Plaintiffs by filing a Summons and

Verified Complaint, a copy of which is annexed hereto as Exhibit “A”.

27. Issue was joined by Defendants/Third-Party Plaintiffs EB III and ENGEL by

service of their Verified Answer to the Verified Complaint, a copy of which is annexed hereto as

Exhibit “B”.

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28. Without admitting any of the allegations contained therein, the Plaintiff alleges in

his Verified Complaint, inter alia, that on September 14, 2022, he was injured while working on

a construction project at 210 Shore Road, Long Beach, New York (the “Premises”).

29. That prior to September 14, 2022, EB III entered into an agreement with PARK

(the “Agreement”), a copy of which is annexed hereto as Exhibit “C”.

30. That prior to September 14, 2022, PARK agreed to perform work at the subject

premises pursuant to the terms of the Agreement. See, Exhibit “C”.

31. That pursuant to the Agreement, PARK agreed to procure insurance for the

Defendants/Third-Party Plaintiffs for claims, damages, lawsuits and/or other liabilities based on

personal injuries resulting from PARK’s work at the subject premises. See, Exhibit “C”.

32. That pursuant to the Agreement, PARK agreed to defend and indemnify the

Defendants/Third-Party Plaintiffs for claims, damages, lawsuits and/or other liabilities based on

personal injuries resulting from PARK’s work at the subject premises. See, Exhibit “C”.

33. That due to PARK’s obligation to procure insurance, defend, and indemnify the

Defendants/Third-Party Plaintiffs, PARK will be liable for, and required to, fully reimburse all

attorneys’ fees, disbursements, costs, and expenses, as well as judgments, verdicts and/or

settlements against the Defendants/Third-Party Plaintiffs in this action. See, Exhibit “C”.

34. That the Agreement was in full force and effect on September 14, 2022.

35. That on or before September 14, 2022, PARK was performing at the subject

premises.

36. Upon information and belief, that the Plaintiff was an employee of PARK on

September 14, 2022.

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37. Without admitting any of the allegations contained therein, the Plaintiff alleges in

his Verified Complaint, inter alia, that he was performing work at the subject premises on

September 14, 2022. See, Exhibit “A”.

38. Without admitting any of the allegations contained therein, the Plaintiff alleges in

his Verified Complaint, inter alia, that he was performing work at the subject premises within the

scope of his employment with PARK. See, Exhibit “A”, ¶ 48.

39. Upon information and belief, that on September 14, 2022, the Plaintiff was

performing work at the subject premises within the scope of his employment pursuant to the

Contract.

40. That, without admitting any of the facts in the Verified Complaint, the Plaintiff’s

claims arise from the work performed by PARK. See, Exhibit “A”, ¶¶ 48 and 52.

41. That, if and in the event the Plaintiff sustains or sustained damages as alleged in the

Plaintiff’s Verified Complaint, all of which is denied by Defendants/Third-Party Plaintiffs, said

damages were caused by the negligence, culpable conduct, wrongful acts, acts and/or omissions

of PARK, its sub subcontractors, agents, servants and/or employees with no negligence, culpable

or wrongful conduct on the part of the Defendants/Third-Party Plaintiffs, their agents, servants

and/or employees contributing thereto.

AS AND FOR A FIRST CAUSE OF ACTION
AGAINST THE THIRD-PARTY DEFENDANT

42. Defendants/Third-Party Plaintiffs repeat, reiterate and reallege each and every

allegation contained in paragraphs “1” through “41” of this Third-Party Complaint with the same

force and effect as if fully set forth herein.

43. Prior to September 14, 2022, PARK entered into a written agreement and/or

contract with EB III to perform work at the premises. See, Exhibit “C”.

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44. The Agreement was in effect on the date of the alleged incident set forth in

Plaintiff’s Verified Complaint.

45. The Agreement required PARK to indemnify, defend and hold harmless

Defendants/Third-Party Plaintiffs EB III and ENGEL, their agents, servants and employees from

and against all claims, costs, expenses or liabilities arising out of or resulting from the performance

of PARK’s work. See, Exhibit “C”.

46. If and in the event the Plaintiff sustains or sustained damages as alleged in the

Plaintiff’s Verified Complaint, all of which is denied by Defendants/Third-Party Plaintiffs, said

damages were caused by the negligence, culpable conduct, wrongful acts, acts and/or omissions

of PARK, its agents, servants and/or employees with no negligence, culpable or wrongful conduct

on the part of the Defendants/Third-Party Plaintiffs, their agents, servants and/or employees

contributing thereto.

47. The Plaintiff’s damages, if any, arose from PARK’s performance of work on the

subject project.

48. By reason of the foregoing, the Defendants/Third-Party Plaintiffs are entitled to

contractual indemnification from, and to have judgment over and against, Third-Party Defendant

PARK for all or part of any verdict or judgment that the plaintiff may recover against the

Defendants/Third-Party Plaintiffs, based upon prior agreements which require Third-Party

Defendant PARK to hold harmless, indemnify and otherwise fully reimburse the

Defendants/Third-Party Plaintiffs for all costs and expenses incurred as a result of this lawsuit,

including but not limited to payment of any judgment, payment of attorneys’ fees and payment of

all other costs and expenses incurred by the Defendants/Third-Party Plaintiffs.

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AS AND FOR A SECOND CAUSE OF ACTION
AGAINST THE THIRD-PARTY DEFENDANT

49. Defendants/Third-Party Plaintiffs repeat, reiterate and reallege each and every

allegation contained in paragraphs “1” through “48” of this Third-Party Complaint with the same

force and effect as if fully set forth herein.

50. Prior to September 14, 2022, PARK entered into a written agreement and/or

contract with EB III to perform work at the premises. See, Exhibit “C”.

51. The Agreement was in effect on the date of the alleged incident set forth in

Plaintiff’s Verified Complaint.

52. The Agreement required PARK to indemnify, defend and hold harmless

Defendants/Third-Party Plaintiffs EB III and ENGEL, their agents, servants and employees from

and against all claims, costs, expenses or liabilities arising out of or resulting from the performance

of PARK’s work. See, Exhibit “C”.

53. If and in the event the Plaintiff sustains or sustained damages as alleged in the

Plaintiff’s Verified Complaint, all of which is denied by Defendants/Third-Party Plaintiffs, said

damages were caused by the negligence, culpable conduct, wrongful acts, acts and/or omissions

of PARK, its agents, servants and/or employees with no negligence, culpable or wrongful conduct

on the part of the Defendants/Third-Party Plaintiffs, their agents, servants and/or employees

contributing thereto.

54. The Plaintiff’s damages, if any, arose from PARK’s performance of work on the

subject project.

55. By reason of the foregoing, the Defendants/Third-Party Plaintiffs are entitled to

contractual contribution from, and to have judgment over and against, Third-Party Defendant

PARK for all or part of any verdict or judgment that the Plaintiff may recover against the

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Defendants/Third-Party Plaintiffs, based upon prior agreements which require PARK to hold

harmless, indemnify and otherwise fully reimburse the Defendants/Third-Party Plaintiffs for all

costs and expenses incurred as a result of this lawsuit, including but not limited to payment of any

judgment, payment of attorneys’ fees and payment of all other costs and expenses incurred by the

Defendants/Third-Party Plaintiffs.

AS AND FOR A THIRD CAUSE OF ACTION
AGAINST THE THIRD-PARTY DEFENDANT

56. Defendants/Third-Party Plaintiffs repeat, reiterate and reallege each and every

allegation contained in paragraphs “1” through “55” of this Third-Party Complaint with the same

force and effect as if fully set forth herein.

57. In the event the Plaintiff sustained any damages as alleged in the Verified

Complaint, all of which are denied by the Defendants/Third-Party Plaintiffs, said damages were

caused by the negligence, acts and/or omissions, culpable conduct, wrongful acts of Third-Party

Defendant PARK, its agents, servants and/or employees, and not through any negligence, culpable

or wrongful conduct on the part of the Defendants/Third-Party Plaintiffs, their agents, servants,

and/or employees.

58. Without admitting any of the allegations contained therein, the Plaintiff alleges that

he sustained a grave injury as defined by WCL § 11.

59. By reasons of the foregoing, the Defendants/Third-Party Plaintiffs are entitled to

judgment over and against Third-Party Defendant PARK for common law indemnification for all

or part of any verdict or judgment that Plaintiff may recover against Defendants/Third-Party

Plaintiffs.

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AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST THE THIRD-PARTY DEFENDANT

60. Defendants/Third-Party Plaintiffs repeat, reiterate and reallege each and every

allegation contained in paragraphs “1” through “59” of this Third-Party Complaint with the same

force and effect as if fully set forth herein.

61. In the event the Plaintiff sustained any damages as alleged in the Verified

Complaint, all of which is denied by the Defendants/Third-Party Plaintiffs, said damages were

caused by the negligence, acts, omissions, culpable conduct, and/or wrongful acts of Third-Party

Defendant PARK, its agents, servants and/or employees, and not through any negligence, culpable

or wrongful conduct on the part of the Defendants/Third-Party Plaintiffs, their agents, servants,

and/or employees.

62. Without admitting any of the allegations contained therein, the Plaintiff alleges that

he sustained a grave injury as defined by WCL § 11.

63. By reasons of the foregoing, the Defendants/Third-Party Plaintiffs are entitled to

judgment over and against Third-Party Defendant PARK for common law contribution for all or

part of any verdict or judgment that Plaintiff may recover against Defendants/Third-Party

Plaintiffs.

AS AND FOR A FIFTH CAUSE OF ACTION
AGAINST THE THIRD-PARTY DEFENDANT

64. Defendants/Third-Party Plaintiffs repeat, reiterate and reallege each and every

allegation contained in paragraphs “1” through “63” of this Third-Party Complaint with the same

force and effect as if fully set forth herein.

65. That prior to September 14, 2022, Third-Party Defendant PARK agreed to perform

work at the subject premises pursuant to an agreement. See, Exhibit “C”.

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66. The Agreement was in full force and effect on the date of the accident alleged in

Plaintiff’s Verified Complaint.

67. In that agreement and/or contract Third-Party Defendant PARK agreed to purchase

and/or procure comprehensive general liability and umbrella liability insurance naming the

Defendants/Third-Party Plaintiffs as an additional insured and affording coverage to benefit

Defendants/Third-Party Plaintiffs, and to defend, hold harmless and otherwise indemnify

Defendants/Third-Party Plaintiffs. See, Exhibit “C”.

68. That Third-Party Defendant PARK breached said agreements and/or contracts.

69. If the Plaintiff sustained damages in the manner alleged in the Verified Complaint,

all of which the Defendants/Third-Party Plaintiffs deny herein, such damages and/or injuries will

have been brought about in whole or in part as a result of the actions and conduct of the Third-

Party Defendant PARK, without any acts of negligence on the part of the Defendants/Third-Party

Plaintiffs.

70. That if the Plaintiff sustained damages in the manner alleged in the Verified

Complaint, which is expressly denied herein, and a judgment is recovered against

Defendants/Third-Party Plaintiffs, then the Defendants/Third-Party Plaintiffs shall be entitled to

full indemnity and/or damages from Third-Party Defendant PARK as the result of the obligation

to procure insurance, and said Third-Party Defendants shall indemnify and otherwise fully

reimburse the Defendants/Third-Party Plaintiffs for all costs and expenses incurred as a result of

this lawsuit, including but not limited to payment of any judgment, payment of attorneys’ fees and

payment of all other costs and expenses incurred by the Defendants/Third-Party Plaintiffs.

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AS AND FOR A SIXTH CAUSE OF ACTION
AGAINST THE THIRD-PARTY DEFENDANT

71. Defendants/Third-Party Plaintiffs repeat, reiterate and reallege each and every

allegation contained in paragraphs “1” through “70” of this Third-Party Complaint with the same

force and effect as if fully set forth herein.

72. That prior to September 14, 2022, Third-Party Defendant PARK agreed to perform

work at the subject premises pursuant to an agreement. See, Exhibit “C”.

73. That in the agreement and/or contract the Third-Party Defendant PARK agreed to

defend, hold harmless and indemnify the Defendants/Third-Party Plaintiffs. See, Exhibit “C”.

74. That in the agreement and/or contract the Third-Party Defendant PARK agreed to

purchase and/or procure comprehensive general liability and umbrella liability insurance naming

Defendants/Third-Party Plaintiffs as additional insureds and affording coverage to benefit the

Defendants/Third-Party Plaintiffs, defend, hold harmless and otherwise indemnify the

Defendants/Third-Party Plaintiffs. See, Exhibit “C”.

75. That on the date of the alleged incident in Plaintiff’s Verified Complaint said

contract or agreement was in full force and effect.

76. If the Plaintiff sustained damages in the manner alleged in the Verified Complaint,

all of which the Defendants/Third-Party Plaintiffs deny herein, such damages and/or injuries will

have been brought about in whole or in part as a result of the actions and conduct of the Third-

Party Defendant PARK, without any acts of negligence on the part of the Defendants/Third-Party

Plaintiffs.

77. That if the Plaintiff sustained damages in the manner alleged in the Verified

Complaint, which is expressly denied herein, and a judgment is recovered against the

Defendants/Third-Party Plaintiffs, then the Defendants/Third-Party Plaintiffs shall be entitled to

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full indemnity and/or damages from Third-Party Defendant PARK, and Third-Party Defendant

PARK shall otherwise fully reimburse the Defendants/Third-Party Plaintiffs for all costs and

expenses incurred as a result of this lawsuit, including but not limited to payment of any judgment,

payment of attorney’s fees and payment of all other costs and expenses incurred by the

Defendants/Third-Party Plaintiffs.

WHEREFORE, the Defendants/Third-Party Plaintiffs demand judgment against Third-

Party Defendant HIGHRISE SAFETY SYSTEMS, INC. d/b/a PARK AVENUE CONCRETE as

follows:

a. On the First Cause of Action for the full amount of any recovery,
judgment or verdict obtained against the Defendants/Third-Party
Plaintiffs by the Plaintiff by reason of the allegations set forth in the
Plaintiff’s Verified Complaint, together with all costs,
disbursements, expenses, including attorneys’ fees incurred by the
Defendants/Third-Party Plaintiffs;

b. On the Second Cause of Action for the full amount of any recovery,
judgment or verdict obtained against the Defendants/Third-Party
Plaintiffs by the Plaintiff by reason of the allegations set forth in the
Plaintiff’s Verified Complaint, together with all costs,
disbursements, expenses, including attorneys’ fees incurred by the
Defendants/Third-Party Plaintiffs;

c. On the Third Cause of Action for the full amount of any recovery,
judgment or verdict obtained against the Defendants/Third-Party
Plaintiffs by the Plaintiff by reason of the allegations set forth in the
Plaintiff’s Verified Complaint, together with all costs,
disbursements, expenses, including attorneys’ fees incurred by the
Defendants/Third-Party Plaintiffs;

d. On the Fourth Cause of Action for the Third-Party Defendants’
proportional share of liability as determined in accordance with the
relative culpability of each party including costs, disbursements and
expenses including reasonable attorneys’ fees;

e. On the Fifth Cause of Action for the full amount of any recovery,
judgment or verdict obtained against the Defendants/Third-Party
Plaintiffs by the Plaintiff by reason of the allegations set forth in the
Plaintiff’s Verified Complaint, together with all costs,

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disbursements, expenses, including attorneys’ fees incurred by the
Defendants/Third-Party Plaintiffs;

f. On the Sixth Cause of Action for the full amount of any recovery,
judgment or verdict obtained against the Defendants/Third-Party
Plaintiffs by the Plaintiff by reason of the allegations set forth in the
Plaintiff’s Verified Complaint, together with all costs,
disbursements, expenses, including attorneys’ fees incurred by the
Defendants/Third-Party Plaintiffs; and

g. Such other, further and different relief as this Court may deem just
and proper

Dated: Garden City, New York
December 22, 2023

KIERNAN TREBACH LLP

By:

TO:

Howard Raphaelson, Esq.
RAPHAELSON & LEVINE LAW FIRM, P.C.
Attorneys for Plaintiff
Pennsylvania Building
14 Penn Plaza, Suite 1718
New York. New York 10122
T: (212) 268-3222

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HIGHRISE SAFETY SYSTEMS, INC. d/b/a
PARK AVENUE CONCRETE
c/o Shanker Law Group
101 Front Street
Mineola, New York 11501
(via Secretary of State and Certified Mail)

HIGHRISE SAFETY SYSTEMS, INC. d/b/a
PARK AVENUE CONCRETE
273 Walt Whitman Road
Suite 136
Huntington Station, New York 11746
(Courtesy Copy via Certified Mail)

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ATTORNEY CERTIFICATION
PURSUANT TO 22 NYCRR 130-1.1a

Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the

Courts of New York State, certifies that, upon information and belief, and after reasonable inquiry,

the contentions contained in the annexed document(s) are not frivolous as defined by Section 130-

1.1(c) and was not obtained through illegal conduct, nor was it obtained in violation of 22 NYCRR

1200.41-a.

Dated: December 22, 2023

Signature: /s/

Print Signer’s Name: Delilah C. Sejour, Esq.

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December 22, 2023

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September 05, 2023

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Document for Antonio J. Lapenta v. Eb Construction Group Llc, Engel Burman

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